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HomeMy WebLinkAbout55A - RESO TO EXPAND FOOD VENDINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 7, 2020 TITLE: ADOPT A RESOLUTION TO TEMPORARILY EXPAND GUIDELINES ALLOW FOOD VENDING VEHICLES TO USE PRIVATE PROPERTIES AND CERTAIN CITY PARKING LOTS FOR VENDING ACTIVITIES AND SUSPENDING THE REQUIREMENT FOR A LAND USE CERTIFICATE (GENERAL FUND) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For We] ►n1►ln:11.l[. /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution temporarily expanding guidelines to allow 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 the duration of Stage 2 and Stage 3 of the California Resiliency Roadmap subject to written guidelines approved by the City Manager. DISCUSSION On May 28, 2020, the City Manager, acting as the Director for Emergency Services, issued Executive Order No. 05-2020 (EO5) temporarily authorizing 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 space (Food Isla nds/Pa rklets) on City roads or parking lots within Downtown Santa Ana, subject to written guidelines approved by the City Manager; and • 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. The authorizations for E05 are effective for the duration of Stage 2 and Stage 3 of the State of California Resiliency Roadmap Stages as declared by Governor Newsom. Following the issuance of E05, the business community welcomed the opportunity and approached staff with interests to have additional location options for food vending vehicles to be located on private properties and where feasible, City -owned parking lots. Providing additional opportunities and reliefs for food vending vehicles have also been discussed and supported by the City Council in past discussions. 55A-1 Food Vending Vehicles July 7, 2020 Page 2 Food Vending Vehicles licensing and operational requirements are regulated under Article 14 of Chapter 36 of the SAMC. However, Section 36-704 of Article 14 specifies the need to obtain approval of a Land Use Certificate in accordance with Section 41-675 of the SAMC when vending on private properties. In response to the business community and the City Council, staff has developed a proposal to expand upon the guidelines by incorporating guidance to temporarily allow Food Vending Vehicles to operate on private properties and certain City -owned parking lots by suspending the permitting requirement of a Land Use Certificate in accordance with Section 41-675 of the SAMC subject to: • registering with the City, • obtaining approval from the owner of the property, • not be operating on a property with a competing business during business hours, and • not using more than 25% of the available parking spaces on the property. All other requirements shall remain in effect and are not proposed to be suspended by the proposed resolution (Exhibit 2). FISCAL IMPACT The application fee for a Land Use Certificate is $422.22. The proposed suspension of the Land Use Certificate requirement is limited to Food Vending Vehicles only and is temporary for the duration of Stage 2 and Stage 3 of the California Resiliency Roadmap. The fee amount not collected from implementation of this proposed program is estimated to reduce the General Fund revenue between five to ten thousand dollars ($51<410K). Submitted By: Minh Thai, Executive Director, Planning and Building Agency Steven Mendoza, Executive Director, Community Development Agency Exhibit: 1. Resolution 55A-2 [yr -L6161110[a]INV:& il11111[.]0n[.1r41➢A1):*:4 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 ("COVI D-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. 55A-3 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 Various COVID-19 Issues: Among other allowance, the Executive Order extended permission for licensed food trucks to operate in roadside rest 21Pagc 55A-4 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 private properties and certain City Parking lots. X. This Resolution is adopted pursuant to the City's police powers and 3 1 P a 1 e 55A-5 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: 11269:1:1:011-YA :016149:1111r1a_As 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. 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. 41Pagc y 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. 5 1 P a g e 55A-7 SECTION 7. EXECUTION OF RESOLUTION. The Mayor shall sign this Resolution and the City Clerk attest and certify to the adoption thereof. ADOPTED this day of 12020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers 6 1 P e y • Exhibit A List of Approved City Owned Parking Lots • City owned parking lot located at 3rd Street & Bush Street • City owned parking lot located at 3rd Street & Bush Street �� (. � P + - ` , 1134 w is r tF 7 1 P a g e 55A-9 Exhibit B The City of Santa Ana Guide for Expanded Restaurant + Retail Spaces City of Santa Ana: A Guide for Expanded Restaurant + Retail Space DOWNTOWN 11. ORANGE COUNTY �" fl F, T Revised July, Z020 81Pag 55A-10 TABLE n" �'ONTENTS PREFACE................................................................................................................................................10 GOVERNOR NEWSOM STAY-AT-HOME ORDER 10 GUIDELINES TO EXPAND SEATING AND SALES AREAS.......................................................................10 RESTAURANT+ RETAIL RECOVERY PROGRAM......................................................................................11 TEMPORARY OUTDOOR DINING + RETAIL ACTIVITY IN PUBLIC RIGHTS -OF -WAY IN DOWNTOWN ... 11 Sidewalks.......................................................................................................................................11 Food 12 Cafe& Retail Zones........................................................................................................................12 TEMPORARY OUTDOOR DINING + RETAIL ACTIVITY ON PRIVATE COMMERCIAL PROPERTY ............ 13 Tents, Umbrellas, and Other Shade Structures...............................................................................13 MOBILE FOOD VENDING...................................................................................................................14 TEMPORARY SALE & CONSUMPTION OF ALCOHOL...........................................................................15 ADDITIONALRESOURCES......................................................................................................................15 EXHIBIT A: Downtown Santa Ana Business Improvement District Boundaries.....................................16 EXHIBIT B: Outdoor Seating Area Guidelines 17 EXHIBIT C: Sample Street Closures........................................................................................................18 EXHIBIT D: Sample Layout of Outdoor Dining in Parking Lots...............................................................19 EXHIBIT E: Guidelines for Tents, Umbrellas, or Shade Structures..........................................................20 EXHIBIT F: Sample Layout for Mobile Food Vending.............................................................................21 EXHIBIT G: Temporary Catering Authorization......................................................................................22 EXHIBIT H: Flyers and Other Resources.................................................................................................23 9 1 P a g e 55A-11 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 "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. ► 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. 101Page 55A-12 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 (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: 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. 111Page 55A-13 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 maybe activated by an adjacent business at anytime 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. 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. 121Page 55A-14 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 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 disabled persons may be repurposed for restaurant or layout. retail use. See Exhibit D for a sample 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. 131Page 55A-15 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. • Setup 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. • Operate no later than 2 a.m. daily. • 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. • Parking area and radius must be maintained clean at all times. • At night, low voltage lighting maybe permitted. • No amplified noise. If operating as public nuisance, permission to operate may be revoked. See Exhibit F for a sample layout for mobile food vending. 14 1 55A-16 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.goy/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 151 P a g 55A-17 EXHIBIT A: Downtown Santa Ana Business Improvement District Ll El Ll L F1 FM ST. S_TA El Ll E Elf] 11 ❑� ns� Santa Ana Business Improvement District I Q510�u°°°"" Boundaries 161Pa 55A-18 2feet 2 feet NOTE. Outdoor dining/retail I \I areas may not obstruct I fire hydrants \ I or fire lanes. EXHIBIT C: Sample Street Closures FULL BLOCK CLOSURE WFFH LEFT TURN POCKET 0 RCAO C'-08ED ROAD SN Gn0.s£G V ' MD-&OCK na " OLO5URE ICI. nnu m<rsti Mi mm � } FDAD �I �� II m. CUL-DE-SAC CLOMM d{� CLCSED 181Page 55A-20 EXHIBIT D: Sample Layout of Outdoor Dining in Parking Lots Outdoor Dining in Private or Public Parking Lots 6' so IIII ' Bill l _ rl� idistance 77` ; o ®® 7, 171� 6 liol IrF distance 4&H 74� his 1110 © Sidewalk Sidewalk Max 50% of Parking Lot Do Not Block Create a highly OCreate highly visible for Outdoor Dining Handicap Stalls visible barrier traffic signs 191'age 55A-21 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. ► 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. ► 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 30-foot by 10-foot: ► Shall only be placed on private property or city parks (not sidewalks or streets) ► Must comply with OCFA requirement 20 1 55A-22 EXHIBIT F: Sample Layout for Mobile Food Vending in Parking Lots Mobile Food Vendors may vend on Parking Lots Santa Ana Executive Order 5-2020 ■■■■ ■■■■ ■■■■ ■■■■ /IIIII 1 /IIIII 1 II'lllll IIIII 1 LLJ W W W S---- > e Driveway ® Entrance A Guide for Expanded Restaurant + Retail Space https://www.santa-ana.org/cd/economic-development Registration Required: https:/Ibit.ly/2YMYfKZ Questions: (714) 673-3619 211 55A-23 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. 221Page 55A-24 EXHIBIT H: Flyers and Other Resources SOCIAL DISTANCING pmpmpugimpeiquupmpm�im`im�uuluu�uupmpmpm� 6 feet 231Page 55A-25