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HomeMy WebLinkAboutItem 27 - Covid-19 Relief Measures ExtensionPlanning and Building Agency www.santa-ana.org/pb Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 1, 2021 TOPIC: Covid-19 Relief Measures Extension AGENDA TITLE: Authorize the Temporary Implementation of COVID-19 Relief Measures for Certain Outdoor Business Activities Specified in Executive Order No. 5-2020 and City Council Resolution No. 2020-055 for a Period of One Year from the Date the Governor Announces the Decision for California to Fully Open the Economy and Transition to Beyond the Blue Print for a Safer Economy RECOMMENDED ACTION Adopt a resolution authorizing the temporary implementation of COVID-19 relief measures for certain outdoor business activities specified in Executive Order No. 5-2020 and City Council Resolution No. 2020-055 for a period of one year from the date the Governor announces the decision for California to fully open the economy and transition to Beyond the Blue Print for a Safer Economy. DISCUSSION 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, the coronavirus disease stemming from the novel coronavirus named SARS-CoV-2. Subsequently, on March 17, 2020, the City Council proclaimed the existence of a local emergency to ensure the availability of mutual aid and support an effective City response to COVID-19. Among the prior measures authorized by the City of Santa Ana due to the impacts of the COVID-19 pandemic were land -use related items specified in Executive Order Nos. 2- 2020, 5-2020, and 12-2020, which served to allow use of Downtown sidewalks and parking spaces and off -site parking citywide for dining and retail operations, and to extend approval periods for land use and development matters. In addition, on July 7, 2020, the City Council adopted Resolution No. 2020-055, 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 pursuant to Santa Ana Municipal Code Sections 41-195.5 and 41-675 et seq. Said resolution contains two Covid-19 Relief Measures Extension June 1, 2021 Page 2 exhibits: Exhibit A (List of Approved City Owned Parking Lots), and Exhibit B (The City of Santa Ana Guide for Expanded Restaurant + Retail Spaces). The purpose of the Guide for Expanded Restaurant + Retail Spaces program remains to be facilitation of certain outdoor business activities on private property and/or within the public right-of-way while protecting the public interest. The program's guidelines, which pursuant to the proposed resolution may be amended as needed at any time, apply to outdoor dining, retail, service, and assembly areas associated with an existing business. The temporary outdoor business activity areas may be located adjacent to, or in the vicinity of, a permitted business on private property, public property, or within the public right-of-way. Such locations may include, but are not limited to sidewalks, streets and alleyways not used for emergency access, parking lots, and/or plazas. The temporary implementation of this program is intended to provide a 12-month period of time for staff to observe the effectiveness of the measures in a fully open economy and will aid in a thorough and comprehensive assessment of their impacts. The 12-month period is intended to provide an entire calendar year to review the possible impacts of the implementation of this program through the summer season, back -to -school period in the fall, winter holiday shopping season, post -holiday shopping period, and spring. The City Council also authorizes the Executive Director of the Planning and Building Agency to modify, refine, or terminate all relief measures under this temporary program as needed anytime during this implementation period in order to ensure the orderly implementation thereof and to protect the health, safety, and welfare of Santa Ana residents and visitors. Prior to the expiration of this time period, staff is directed to present all findings and observations and recommended permanent regulations, standards, and policies changes for the City Council to consider. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act ("CEQA") and the state CEQA Guidelines, the adoption of this resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. FISCAL IMPACT There is no fiscal impact associated with this action. Covid-19 Relief Measures Extension June 1, 2021 Page 3 EXHIBIT(S) 1. Resolution Submitted By: Minh Thai, Executive Director Approved By: Kristine Ridge, City Manager jmf 6/01/21 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE TEMPORARY IMPLEMENTATION OF COVID-19 RELIEF MEASURES FOR CERTAIN OUTDOOR BUSINESS ACTIVITIES SPECIFIED IN EXECUTIVE ORDER NO. 5-2020 AND CITY COUNCIL RESOLUTION NO. 2020-055 FOR A PERIOD OF ONE YEAR FROM THE DATE THE GOVERNOR ANNOUNCES THE DECISION FOR CALIFORNIA TO FULLY OPEN THE ECONOMY AND TRANSITION TO BEYOND THE BLUE PRINT FOR A SAFER ECONOMY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. International, national, state, and local health and governmental authorities have been 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 also 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 City Council proclaimed the existence of a local emergency to ensure the availability of mutual aid and support an effective City response to COVID-19. Resolution No. 2021-XXX Page 1 of 4 jmf 6/01/21 F. On March 19, 2020, a statewide Executive Order and Public Health Order directed all Californians to stay home except for an essential job or to shop for essential needs. It was modified on May 4, 2020. G. On August 28, 2020, the State released the "Blueprint for a Safer Economy" to permit gradual reopening of certain businesses and activities. Initially, Orange County was in the Purple, or "Widespread" Tier, requiring many non -essential indoor business operations to be closed. H. On November 21, 2020, pursuant to a statewide limited stay home order, Californians in counties in the Purple Tier were directed to stop non- essential activities between 10:00 p.m. and 5:00 a.m. A further statewide regional stay home order, announced December 3, 2020, and a related supplemental order, signed December 6, 2020, were designed to become effective at 11:59 p.m. the day after a region has been announced to have less than 15 percent Intensive Care Unit availability ("Regional Stay Home Order"). The supplemental order clarified retail operations and went into effect immediately. Together, these orders prohibited private gatherings of any size, close sector operations except for critical infrastructure and retail, and required 100 percent masking and physical distancing in all others. Once triggered, these orders were to remain in effect for at least three weeks. J. Orange County is located in the Southern California Region, which was among those regions where the statewide regional stay home order was triggered because of low ICU capacity. K. The Regional Stay Home Order was lifted on January 25, 2021. Orange County then returned to the Purple, or "Widespread" Tier under the State's Blueprint for a Safer Economy. Orange County is now in the Yellow, or "Minimal" Tier where most indoor business operations may open with modifications. L. Among the prior measures authorized by the City of Santa Ana due to the impacts of the COVID-19 pandemic were land -use related items specified in Executive Order Nos. 2-2020, 5-2020, 12-2020, and 16-2021, which served to allow use of Downtown sidewalks and parking spaces and off - site parking citywide for dining and retail operations, and to extend approval periods for land use and development matters. M. On July 7, 2020, the City Council adopted Resolution No. 2020-055, 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 pursuant to Santa Ana Municipal Code Sections 41-195.5 and 41-675 et seq. This resolution contains two exhibits: Exhibit A (List of Approved City Owned Parking Lots), and Exhibit Resolution No. 2021-XXX Page 2 of 4 jmf 6/01/21 B (The City of Santa Ana Guide for Expanded Restaurant + Retail Spaces). N. On April 6, 2021, the Governor's Office announced a target date of June 15, 2021, to allow a full reopening of business activities, depending on continued improved COVID-19 metrics such as infection rates, hospitalization rates, and vaccination rates, and subject to continued vaccination efforts. O. In recognition of the need to facilitate the speedy recovery of the local economy from impacts of the COVID-19 pandemic, the City Council desires to temporarily permit the implementation of certain provisions of these Executive Orders as California transitions to fully open the economy and to move beyond the Blue Print for a Safer Economy. Section 2. The City Council, after hearing, considering and weighing all evidence in the record presented on the matter, does hereby resolve to allow the Covid- 19 relief measures specified in: (a) Executive Order No. 5-2020, adopted May 28, 2020, and incorporated and referenced herein as Exhibit A; and (b) Resolution No. 2020-055 and its Exhibits A and B, adopted July 7, 2020, incorporated and referenced herein as Exhibit B to be implemented for a period of one year from the date the Governor announces the decision to move beyond the Blue Print for a Safer Economy and to fully open the economy. Section 3. The City Council further authorizes the Executive Director of the Planning and Building Agency to modify, refine, or terminate all Covid-19 relief measures specified in Executive Order No. 5-2020 and City Council Resolution No. 2020-055 as needed anytime during this implementation period in order to ensure the orderly implementation thereof and to protect the health, safety, and welfare of Santa Ana residents and visitors. Section 4. The Executive Director of the Planning and Building Agency shall present an update to the City Council regarding the implementation status of these relief measures on or before February 15, 2022. The update shall include information on any ongoing and observed positive or negative impacts, including any patterns in Police Department and Code Enforcement complaints and parking and traffic patterns. Section 5. The Executive Director of the Planning and Building Agency shall present a final report to the City Council by April 30, 2022, for the City Council to consider all findings and observations and any potential permanent regulations, standards, and policies pertaining to outdoor dining and retail activities. Resolution No. 2021-XXX Page 3 of 4 jmf 6/01/21 Section 6. The City Council finds and determines that this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: 1�4 N, -T."L Jb/hn M. Funk Sr. Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2021. Vicente Sarmiento Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 12021. Date: Clerk of the Council Resolution No. 2021-XXX Page 4 of 4 CITY 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 for broader spread ofCOVID-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. 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 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. 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. Kri.-44ne Ridge, Director of Emergency Services ATTEST: 01PL-f-In Daisy Gome ,Clerk of the# uncil 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 Page 2 of 25 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 (cafe & 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 Resolution 2020-055 Page 3 of 25 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 Page 4 of 25 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. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney gy, Ig" John YA.Funk Assistant City Attorney Resolution 2020-055 Page 5 of 25 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Bacerra, Mendoza, Penaloza, Pulido, Sarmiento, Solorio, Villeaas (7) None (0) None (0) _ None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Cleric 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. Date 1 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 3' Street & Bush Street * City owned parking lot located at 3Td Street & Bush Street -- T . �F Resolution 2020-055 Page 7 of 25 Exhibit B The City of Santa Ana Guide for Expanded Restaurant + Retail Spaces City of Santa Ana: A Guide for Expanded Restaurant + Retail Space 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.................................................................... TEMPORARY OUTDOOR DINING + RETAIL ACTIVITY IN PUBLIC RIGHTS -OF -WAY IN DOWNTOWN............................................................................................................................. 4 Sidewalks............................................................................................... ...........4 ................................. FoodIslands/Parklets.................................................................................................................5 Cafe& 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 ADDITIONALRESOURCES..................................................................................................................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 Page 9 of 25 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 SALLS ARLAS 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 "Cafe 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. Resolution 2020-055 Page 10 of 25 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 forfull 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 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 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: Resolution 2020-055 Page 11 of 25 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 anytime. 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 Isla nds/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. Temporary Borrier-s and Sur face 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 Resolution 2020-055 Page 12 of 25 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 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 ofSanta 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 Resolution 2020-055 Page 13 of 25 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 pernuttee 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 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. TEMPORARY OUTDOOR DINING + RETAIL ACTIVITY ON PRIVATE 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 six feet spacing between tables and pathways. Additionally, no parking for disab 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. Resolution 2020-055 Page 14 of 25 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. Resolution 2020-055 Page 15 of 25 • 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. Resolution 2020-055 Page 16 of 25 See Exhibit F for a sample layout for mobile food vending. TEMPORARY SALE & CON SUM PTION 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 ABCguidelines: https://www.abc.ca.gov/fourth-notice-of-regulatory- relief See Exhibit G for additional information on applying to ABC forte mporarycatering authorization. ADDITIONAL RESOURCES The City of Santa Ana has established a Business Resource Hotline for local businesses to co mnunicate and get resources during economic recovery from the COVID-19 pandenr ic. Available Monday through Thursday during normal business hours. Call: (714) 647-5477 Visit: littps://www.santa-ana.ory/businesses-and-workers-impacted-coronavirus Resolution 2020-055 Page 17 of 25 EXHIBIT A: Downtown Santa Ana Business Improvement District Boundaries CM(CENTER DR. EIGHTH ST. Y U. [I El ro�a+ coano,Ar ,wn N J ❑ Y LLLJJJ���� J a LL neW � . F El $ANTA ANA 6iF-1 E,,�+i 'L WSN S3. � ' ❑ El D 1:11,E] SANG ANA ""D FOURTH ST. MIAD ST. y SECOND St q nn F 1AST S T. ~ F��� Santa Ana Business Improvement District I © SiDeoundaries Resolution 2020-055 Page 18 of 25 EXHIBIT B: Outdoor Seating Area Guidelines Resolution 2020-055 Page 19 of 25 EXHIBIT C: Sample Street Closures FELL BLOCK CLOSURE WITH LEFT TLRN POCKET i run CLOSED xe,s ROAD - ff MD -BLOCK CLOSURE F LIAL) Robo CLoBEo 'to GLGbED rrev marRc - F { f� fta CUL-EF-sac CLOSUnP - PoAn CLG6L_P ( P.dkO S w148 A'�1 MiaJ 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 � L III 9 social I11'1 distance fR► 7 : o Ir social ITT distance rt i 7�miH \ 7��n \ rA a Sidewalk Sidewalk Q Max 50% of Parking Lot ® Do Not Block Create a highly Create highly visible for Outdoor Dining Handicap Stalls \ visible barrier t> traffic signs 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. Resolution 2020-055 Page 21 of 25 ► No staking of tents is permitted in public rights -of -way. ► 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 any time. 1 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 40lbs 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 complywith OCFA requirement Resolution 2020-OSS Page 22 of 25 ■■t ■■1■S �■ j■� 4'VENDOR DISTANCE FROM STRUCTURES 0 30' MAX mNZY Figrawa ISAN?TANA GUIDELINES Most Register h1tps://bit.ly/2YMYfKZ Must have written perrnission from property owner 30' x 20' per mobile food vendor Vendors may use up to 2S% of parking spaces 4' away from structure 2 canopies 10'x10' and l�J up to 4 tables/chairs allowed Do Not block driveways or Handicap stalls May not operate on a property with a competing business during business hours May Not operate past 12AM if within Soo' of residential zone May Not operate past 2AM in non-residential 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 forthe service of meals and alcoholic beverages, orthe licensee has anothertype 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. Resolution 2020-055 Page 24 of 25 EXHIBIT H : Flyers and Other Resources SOCIAL DISTANCING �IIlllillllllll�llll�IHI�IIII�lIIl�IIII�IIIi�lll[Illll�llll�illl�llll�llll�illi�, 6 feet Resolution 2020-055 Page 25 of 25 COVID-19 Relief Measures Extension Address & Council Ward: Citywide Description: Temporary implementation of COVID-19 relief measures for certain outdoor business activities for a period of one year. Recommendation: Adopt a resolution authorizing the temporary implementation of COVID-19 relief measures for certain outdoor business activities specified in Executive Order No. 5-2020 and City Council Resolution No. 2020-055 for a period of one year from the date the Governor announces the decision for California to fully open the economy and transition to Beyond the Blue Print for a Safer Economy. COVID -19 Relief Measures Executive Order Nos. 2-2020, 5-2020, and 12-2020 allowed use of Downtown sidewalks and parking spaces and off -site parking citywide for dining and retail operations, and to extend approval periods for land use and development matters. On July 7, 2020, the City Council adopted Resolution No. 2020-055, 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 for certain activities. The resolution contains The City of Santa Ana Guide for Expanded Restaurant + Retail Spaces. JOIN US ONLINE AT HTTPS:HSANTA-ANA.PRIMEGOV.COM/PUBLIC/PORTAL Relief Measures Extension Extend COVID-19 relief measures, examples including: Outdoor dining and retail "Pa rklets" Evaluate and modify street closures Update The City of Santa Ana Guide for Expanded Restaurant + Retail Spaces to reflect current needs and best practices .Y AqTIC C q zY, 5�+� ` i „•,ram o c • J (Lf``�7[1P111P[(G11 lt�j �� 11� WE LIL JOIN US ONLINE AT HT-rPS:HSANTA-ANA.PRIMEGOV.COM/PUBLIC/PORTAL If V Ali i r». ML JOIN US ONLINE AT HT-rPS:HSANTA-ANA.PRIMEGOV.COM/PUBLIC/PORTAL 5 Outdoor Dining Currently In Place Fourth & Main Third & Bush Why Extend? The temporary implementation of this program is intended to provide a 12- month period of time for staff to observe the effectiveness of the measures in a fully open economy and will aid in a thorough and comprehensive assessment of their impacts. The 12-month period is intended to provide an entire calendar year to review the possible impacts of the implementation of this program through the summer season, back -to -school period in the fall, winter holiday shopping season, post -holiday shopping period, and spring. Permanent Regulations Prior to the expiration of this 12-month time period, staff will present all findings and observations and recommended permanent regulations, standards, and policies changes for the City Council to consider. The City Council also authorizes the Executive Director of the Planning and Building Agency to modify, refine, or terminate all relief measures under this temporary program as needed. An interagency team of staff, including PBA, CDA, PWA, and PD, are coordinating to update The City of Santa Ana Guide for Expanded Restaurant + Retail Spaces. Staff Recommendation Adopt a resolution authorizing the temporary implementation of COVID-19 relief measures for certain outdoor business activities specified in Executive Order No. 5-2020 and City Council Resolution No. 2020-055 for a period of one year from the date the Governor announces the decision for California to fully open the economy and transition to Beyond the Blue Print for a Safer Economy.