HomeMy WebLinkAboutExecutive Order No. 18-2022CITY OF SANTA ANA EXECUTIVE ORDER NO. 18-2022
EXECUTIVE ORDER NO. 18 OF THE DIRECTOR OF EMERGENCY
SERVICES FOR 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. Findinas.
A. International, national, state, and local health and governmental authorities
are continuously 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.
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.
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 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
areas with a temporary CalTrans permit.
O. 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.
P. 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.
O. As part of Executive Order No. 5, the City Manager issued and published
written guidelines providing guidance and safety measures for businesses to
implement. On March 31, 2021, the City updated and released the latest guide
entitled the "City of Santa Ana: A Guide for Outdoor Business Operations
'Take It Outside."'
R. The City Council expanded the guidelines to include Food Vending Vehicles
licensed pursuant to Article 14 of Chapter 36 of the SAMC and temporarily
allowed Food Vending Vehicles to operate on private properties and certain
City Parking lots.
S. During the duration of Governor Newsom's stay-at-home order, the City
Code requiring a Land Use Certificate pursuant to Section 41-675 of the
SAMC was temporarily suspended.
T. On June 11, 2021, as a result of reducing case rates throughout California,
Governor Newsom issued Executive Order N-08-21, which systematically
rolled back many of the Executive Order provisions he put in place to ensure
for the continued provision of public and essential services while preserving
public health and safety.
U. Following Governor Newsom's issuance of Executive Order N-08-21, the
Delta and Omicron variants of COVID-19 spread throughout California, the
United States, and the world, posing significant threats to the health and
safety of Californians and necessitating additional decisive actions, including
those implemented through Executive Order. As a result of the effective
actions Californians have taken, including more than 73 percent of eligible
Californians who have been fully vaccinated, another 9 percent of eligible
Californians who are partially vaccinated, and more than 56 percent of
eligible Californians who have received a booster, California has turned
another corner in its fight against COVID-19, and in particular, the Omicron
variant.
V. On February 17, 2022, Governor Newsom unveiled the SMARTER Plan,
which will guide California's strategic approach to managing the next phase
of the COVID-19 pandemic while moving the state's recovery forward, with a
focus on continued readiness, awareness and flexibility.
W. On May 3, 2022, the City Council directed staff to maintain and to continue with
monitoring the City's temporary outdoor dining program for the purpose of
developing regulations and best practices to implement a permanent outdoor
dining program for restaurants Citywide.
X. In light of the current state of the COVID-19 pandemic in California, it is
appropriate to, again, through measured and decisive action, implement
certain provisions of the City's COVID-19 related Executive Orders.
Y. The City of Santa Ana continues to take steps to ensure businesses have the
ability to operate safely and successfully during the COVID-19 economic
recovery.
Z. The City of Santa Ana desires to continue temporarily authorize Food Vending
Vehicles to use private properties and certain City owned parking lots for
vending activities.
AA. The City of Santa Ana desires to temporarily exempt the above specified
activities from local permitting requirements and from City Code requiring a
Land Use Certificate pursuant to Section 41-675 of the SAMC and subject to
the written guidelines approved by the City Manager as referenced above and
titled the "City of Santa Ana: A Guide for Outdoor Business Operations 'Take
It Outside."'
BB. Other than as provided for in this Executive Order, all other SAMC provisions
shall remain in effect for the above specified activities.
CC. 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 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
and 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 lots (Exhibit A) identified by the City Manager and 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 and 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 the "City of Santa Ana: A Guide for Outdoor
Business Operations 'Take It Outside"' (Exhibit B) and as and stipulated in this Executive
Order.
SECTION 4. This Order shall be superseded by a duly enacted Ordinance or Resolution 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
through December 31, 2022, unless extended by the Director of Emergency Services or the
City Council. The City Council does hereby direct staff to evaluate best practices and return
to the City Council prior to the expiration of this Executive Order with options and
recommendations on permanent regulations.
SECTION 6. If any 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.
APPROVED AND ADOPTED this 1/0? day of July, 2022.
Kristine Ridge, DiF66tor of Emergency
Services
ATTEST: �J
Daisy Gome lerk of t
Council