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Agenda Item 16.

City Council Meeting

Meeting Date:	07/07/2020
FROM:	Bill Gallardo

Subject:

Executive Order of the Emergency Services Director to Establish Procedures for Restaurants to Provide Outdoor Dining Services

RECOMMENDATION

Adopt Resolution ratifying the Emergency Executive Order of the Emergency Services Director which establishes procedures for the temporary authorization of restaurants to provide outdoor dining services.

BACKGROUND/DISCUSSION

On March 16, 2020, the City declared a State of Emergency due to the spread of COVID-19. Effective July 2, 2020, the Acting County Health Officer issued an Amended Health Officer Order and Strong Recommendations that applies to all of Orange County (both incorporated and unincorporated) areas. The Amended Health Order requires all bars, breweries, pubs, and brewpubs that do not offer sit-down, dine-in meals to close until further notice by the County Health Officer. This is in light of recent increased COVID-19 hospitalization rate in the County, the placement of Orange County on the CDPH's County Monitoring List, and further guidance issued by CDPH on June 28, 2020.

Businesses are experiencing considerable market changes as a result of the COVID-19 pandemic and must adapt their operations to provide a safe experience for their customers. The Amended Health Order continues to mandate appropriate self-quarantining and isolation related to a COVID-19 diagnosis or potential exposure, requires certain actions that business and sector owners/operators to take prior to re-opening, and requires that most County residents and visitors wear face coverings in certain high-risk situations. As the statewide stay-at-home order is gradually lifted, businesses will need to make modifications to ensure social distancing, technology improvements, interactions between customers and employees, and other adaptations to meet changing customer demands.

The City of Brea understands that it is essential to the economic recovery of our businesses and community for the City to support Brea businesses in reopening safely under State and County guidelines. Staff has received inquiries from the business community and anticipates an increase in requests with the recent July 2, 2020 health order. Staff considered a broad spectrum of situations to ensure businesses in different parts of the City had options and anticipate some of the following requests:

Private Property/Non-Public Right-of-Way: Restaurants wishing to expand into their parking lots, courtyards, or other outdoor spaces on private property or non-public right-of-way may apply though this process along with the property owner's approval.
Public Right-of-Way (Sidewalk): Restaurants can request to place tables and chairs outdoors along the sidewalk. The walking portion of a sidewalk must be kept clear.
Public Right-of-Way (Roadway or Parking Spaces): Restaurants can request to place tables and chairs on roadway or parking spaces following specific guidelines including converting only a maximum of 50% of on-site parking spaces and no encroachment in travel lanes.
Service of Alcohol: Most restaurants within the City were approved through a Conditional Use Permit, which includes conditions of approval that they operate in accordance with their approved floor plans as well as regulations from the California Department of Alcohol and Beverage Control (ABC). The California ABC has issued a series of temporary regulatory relief measures, including take-out of alcoholic drinks and allowing licensees to serve alcohol in any expanded areas created for social distancing protocols. Restaurants will be responsible in meeting all of ABC requirements in order to serve in any requested outdoor area.

Staff has prepared process and procedures for temporary outdoor dining consistent with the procedures under Chapter 20.72, Temporary Use Permits, under the Municipal Code. All permits will be reviewed by the respective Departments to ensure safety, access, and adequate parking is provided. The permits will only be valid during the health order and once the order is lifted, the temporary outdoor dining must be removed within 14 days.

COMMISSION/COMMITTEE RECOMMENDATION

FISCAL IMPACT/SUMMARY

There are no additional fiscal implications associated with the recommended action.

RESPECTFULLY SUBMITTED:

William Gallardo, City Manager
Prepared by: Linda Tang, Management Analyst and Maribeth Tinio, Senior Planner
Concurrence: Tracy Steinkruger, Community Development Director

Attachments
Attachment - Executive Order
Resolution No. 2020-050