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Home My WebLink About15. Covid-19 Temporary Outdoor Dining Guidelines for RestaurantsItem No. APPROVED BY TO: MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER FROM: • OF THE CITY MANAGER BY: ALDO E. SCHINDLER, DIRECTOR • • DEVELOPMEN!TT�1111 DATE: JUNE 9, 2020 ff • ex, Vt mok, That the City Council approve a Temporary Outdoor Dining Program to allow restaurants to utilize adjacent outdoor areas to serve food and drinks to customers. On May 29, 2020, the California Department of Public Health approved a request from the County of Los Angeles to progress further into the "Stage 2" of Governor Newsom's overarching plan for California's incremental reopening, "Resiliency Roadmap." The Resiliency Roadmap is comprised of four stages with each stage gradually permitting the reopening of various businesses depending on the exposure risk that they pose. With this approval, restaurants in Downey are now permitted to utilize their indoor dining areas subject to compliance with the Health Officer Order and re -opening protocols issued by the Los Angeles County Public Health Officer ("County Health Officer"). These safety protocols require social distancing of 6 feet between groups of customers, limiting dine -in parties to no more than 6 persons, and limiting occupancy to 60% of previous maximum seating capacity. In response to this temporary situation, and in effort to assist our restaurant businesses, the Community Development Department has developed a Temporary Outdoor Dining Program ("Program") to allow restaurants within the city to apply for a temporary outdoor dining area to assist with their loss of indoor seating capacity. The Program will allow the businesses to utilize adjacent outdoor areas to provide additional seating that can accommodate the spacing and safety protocols set by the County Health Officer. The Program will allow restaurant owners and property owners flexibility to designate outdoor walkways, sidewalks, or parking stalls for outdoor dining that can serve one or more restaurants in a center. Restaurants throughout the City are eligible for the Program, provided they meet required safety standards such as barriers around the dining area, separation from vehicle traffic, maintaining ADA accessibility, and clean up trash in and around the dining area. Additionally, restaurants with an existing alcohol license from the CA Department of Alcoholic Beverage Control (ABC) will be permitted to serve alcohol to accompany meals subject to COVID-19 TEMPORARY OUTDOOR DINING GUIDELINES FOR RESTAURANTS JUNE 9, 2020 PAGE 2 compliance with the COVI D-1 9 Temporary Catering Authorization Application (Form ABC-218 CV1 9). All restaurants in the City are eligible to participate in the Program utilizing public and priva4z property that can meet the temporary outdoor dining criteria. Restaurants located in the Downtown Core District as specified in the Downtown Downey Specific Plan are eligible to utilize the public sidewalks or street parking subject to meeting the safety standards and obtaining an encroachment permit. The Program is temporary and proposed as an aid to restaurants striving to restart their businesses after the in -person dining closures required by earlier versions of the "Safer at Home Orders" to help slow the spread of COVID-19. The Program will be in place for 90 days, and can be extended at such time, as needed. A fee is not being proposed for this Program and the fee will be waived for encroachment permits in the Downtown Core associated with this Program. Efficiency & Adaptability Economic Vibrancy FISCAL IMPACT There will be no fiscal impact to the City's General Fund. ATTACHMENTS A — Resolution (with Emergency Order No 1 Authorizing a Temporary Outdoor Dining Program attached as an Exhibit to the Resolution) Attachment WHEREAS, on May 29, 2020 the County of Los Angeles announced the State's approval of the County's plan to move further into "Stage 2" of the State's "Resiliency Roadmap" which permitted restaurants to utilize the indoor dining areas subject to safety protocols and reduce occupancy; and WHEREAS, the City intends to assist local restaurant businesses with their loss of seating capacity by developing a Temporary Outdoor Dining Program ("Program") to allow temporary utilization of outdoor areas on public and private property to serve food and drinks to customers, subject to operational standards set by the County of Los Angeles Public Health Officer and City of Downey; and, WHEREAS, the Downtown Core area, as defined by the Downtown Downey Specific Plan, has a unique physical character that provides opportunity for use of the public right-of-way areas, including sidewalks and street parking areas, for temporary dining purposes subject to safety standards set forth by the Department of Public Works through issuance of an encroachment permit; and, WHEREAS, the Program is necessary to assist local dine -in restaurants as they will not be able to achieve normal occupancy levels given physical distancing requirements and other modifications deemed necessary for public health; and. WHEREAS, on June 4, 2020, the City Manager acting as the Director of Emergency Service issued Emergency Order No. 1 which authorized the Temporary Outdoor Dining Program to provide for the protection of life and property; and to further provide for the economic recovery of local restaurants, to allow and encourage outdoor dining subject to the following protocols and expedited review, as set forth in Exhibit "A" attached hereto and incorporated herein by reference. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 2. That Emergency Order No. 1 issued by the City Manager acting as the Emergency Services Director autjhorizing the Temporary Outdoor Dining Program, attachela :iereto as Exhibit A, is hereby approved and enacted by the Downey City Council. F-.11111.11111a .. •00 UAM MARIA ALICIA DUARTE, CPV1# City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 91h day of June, 2020, by the following vote, to wit: AYES: Council Membe NOES: Council Membe ABSENT: Council Membe ABSTAIN� Council Membel MARIA a DUARTE, CIVIC City Clerk EXMI. t EMERGENCY ORDER i 1 AUTHORIZING THE TEMPORARY OUTDOOR DIINING PROGRAIV City Manager and Emergency Services Director EMERGENCY ORDER NO. AUTHORIZING A TEMPORARY OUTDOOR DINING PROGRAM IN THE CITY OF DOWNEY WHEREAS, pursuant to Article II, Chapter 4, Part 4 of the Downey Municipal Code, Section 2434(a)(1) and Government Code Section 8630(a), the City Manager acting as the Director of Emergency Services is authorized to proclaim the existence or threatened existence of a public emergency when the City is affected or likely to be affected by a public calamity and the City Council is not in session; WHEREAS, the novel coronavirus (COVID-19) is a respiratory disease that may result in serious illness or death and is easily transmissible from person to person and poses conditions of extreme peril to the public health and safety of persons; and WHEREAS, Los Angeles County announced that the number of confirmed COVID-19 cases in the County is approximately 144 with 1 death; and the Los Angeles County Department of Public Health on March 16, 2020 issued a Health Order prohibiting all indoor and private gatherings and all outdoor public and private events of no more than 50 people; and WHEREAS, COVID-19 therefore has and will continue to cause conditions of peril to the health, safety, and welfare of persons and property in the City of Downey; and WHEREAS, on March 18, 2020, the City Manager acting as the Director of Emergency Services proclaimed the existence of a Local Emergency within the City of Downey, which was ratified by the City Council on March 24, 2020; and WHEREAS, the Los Angeles County Department of Public Health on March 19, 2020 issued a Health Order limiting prohibiting all indoor and private gatherings and all outdoor public and private events of no more than 10 people; and restaurants and other food facilities that prepare and serve food to only drive -through, delivery, and take out services; and WHEREAS, the Los Angeles County Department of • on 2020 issued a Health Order limiting prohibiting ••• . • private gatherings an• all WHEREAS, the Los Angeles County Department of Public Health March 28, 2020 Update announced that the total number of confirmed COVID-19 cases in the County ORDER NO. 1 OF THE DIRECTOR OF EMERGENCY SERVICES PAGE 2 since the pandemic began was approximately 49, 774 with 2,241 deaths, and that the averagt daily positive confirmed cases, deaths, and hospitalization rates are slowly declining; WHEREAS, on May 29, 2020 the County of Los Angeles announced the State's approval of the County's plan to move further into "Stage 2" of the State's "Resiliency Roadmap" which permitted restaurants to utilize the indoor dining areas subject to safety protocols and reduce occupancy to no more than 60 percent of prior maximum seating; and WHEREAS, the City intends to assist local restaurant businesses with their loss UY seating capacity by developing a Temporary Outdoor Dining Program ("Program") to allow temporary utilization of outdoor areas on private and public property to serve food and drinks to customers, subject to operational standards set by the County of Los Angeles Public Health Officer and City of Downey; and, WHEREAS, the Downtown Core area, as defined by the Downtown Downey Specific P1 areas, including sidewalks and street parking areas, for temporary dining purposes subject to safety standards set forth by the Department of Public Works through issuance of an encroachment permit; and, WHEREAS, the Program is necessary to assist local dine -in restaurants as they will not be able to achieve normal occupancy levels given physical distancing requirements and other modifications deemed necessary for public health; and. WHEREAS, the City Manager acting as the Director of Emergency Services is authorized to promulgate orders and regulations necessary to provide for the protection of life and property; and to further provide for the economic recovery of local restaurants, to allow and encourage outdoor dining subject to the following protocols and expedited review, as set forth in Exhibit "A" attached hereto and incorporated herein by reference. As the Director of Emergency Services pursuant to Downey Municipal Code Section 2433(a) and by the powers vested in me by Downey Municipal Code Section 2434, 1 hereby issue the following order, to be effective immediately 2nd continue for 90 days, and can be extended at such time as needed, until the Governor lifts the limitations on inside dining. 1. Pursuant to the May 29, 2020 County of Los Angeles announcement of the State's approval of the County's plan to move further into "Stage 2" of the State's "Resiliency Roadmap" which permits restaurants to utilize the indoor dining areas subject to safety protocols and reduce occupancy to no more than 60 percent of prior maximum seating, and to further provide for the economic recovery of our local restaurants, outdoor dining is allowed and encouraged subject to the following protocols and expedited review, as set forth in the "Temporary Outdoor Dining Program" as set forth in Exhibit "A" attached hereto and incorporated herein by reference. 2. Restaurants participating in the Temporary Outdoor Dining Program shall alst follow the following guidelines: IRDER NO. I OF THE DIRECTOR OF EMERGENCY SERVICES '7r'AGE 3 A. All restaurants in the City are eble to participate in the Program with properl owner authorization; B. Restaurants that hold an existing license to serve alcohol from the California Department of Alcoholic Beverage Control are permitted to exercise that license in the temporary dining areas approved through the Program, subject ft compliance with the COVID-19 Temporary Catering Authorization Application (Form ABC-218 CV1 9); Restaurants located within the Downtown Core, as defined in the Downtown Downey Specific Plan, are permitted to utilize public rights -of -way including sidewalks and parking spaces subject to safety standards and obtaining ar encroachment permit from the Department of Public Works; D. Restaurants shall abide by the health guidelines and protocols issued by the County Public Health Officer; E. Restaurants shall comply with guidelines and operating standards set forth in the Temporary Outdoor Dining Guidelines and Procedures application attached to hereto as Exhibit A; and F. That the City Manager acting as the Emergency Servics Director is authorized to enact said Program with no fee and waive the collection of encroachment permit fees associated with this Program; and 6111 AertA. LUivas Date Time City Manager ORDER NO. I OF THE DIRECTOR OF EMERGENCY SERVICES PAGE 4 EXHIBITA TEMPORARY OUTDOOR DINING PROGRAM GUIDELINES Temporary Outdoor Dining Guidelines and Proce1f.mes PURPOSE The City of Downey has developed the following COVID-19 Guidelines ("Guidelines") for Temporary Outdoor Dining Areas in efforts to assist sit-down restaurants with reopening in a manner that is consistent with local and County health and safety directives. Specifically, these Guidelines authorize qualifying restaurants to expand their existing dining areas into a temporary outdoor dining area to accommodate patrons while abiding by social distancing guidelines and directives. BACKGROUND On May 29, 2020, California Governor Gavin Newsom approved a request from the County of Los Angeles to progress further into "Stage 2" of the Governor's "Resiliency Roadmap" for responding to COVID-19. With this approval, "dine -in" restaurants are now permitted to open/ operate in Downey and elsewhere in the County; -)y Health Guidelines"). The County Health Guidelines, among other things, direct restaurants to prioritize outdoor seating and curbside pick-ups, and requires restaurants to adjust maximum occupancy rules inside their establishment to maintain social distancing. The County Health Guidelines can be found at the following link: hILtpj/publichealth,lacountv.gov/media/Coronavirus/docs Jprotocols/BLqpening. ReStaU rants. Qdf DIRATIOR/A.11THORITY These Guidelines are effective immediately and will remain valid for 90 days unless extended or terminated aarlier by the City on behalf of the order placed by Los Angeles County. These Guidelines are issued by the City Manager, under authority directed by the Downey City Council. Final determination for each temporary tutdoor dining location is based on unique conditions of each site. Businesses are encouraged to practice all COVI D- 19 safety protocols. 11VAERE PERMITTED Temporary outdoor dining areas may be located citywide in public sidewalks, outdoor common areas of the restaurant premises, such as walkways, plazas and parking lots; subject to approval of the property owner. The outdoor areas are intended for restaurant dining uses only, bars or entertainment uses are to remain closed. Shared dining areas for patrons of multiple restaurants in outdoor common areas such as plazas or parking lots are allowed and encouraged. Temporary outdoor dining areas are not permitted to occupy any public streets unless within the Core District within the Downtown Downey Specific Plan. Any temporary outdoor dining areas that create or cause an obstruction of sidewalks and other public rights -of -way require an encroachment permit from the Public Works Department. F9nM7__1TP1 Imur- q� C�V�C CENTER LIBRARY POLICE DEPARTMENT PIRK�, RECRFA710N VTUT IES ONISION I!AlNIENA�NCH ZERV;CES 11 BR'_.��N _HP.F AVE 1ii. I f IRIICIK5HIRE AVE 101�1 E 7VIO Dr 7 'T= �1. .q- S, c.:) E" Lac: VINE CIV iFOPNIA PO -ORNIP DOWNEY _'UfFORNLA 9111-701C D,_1\VNE1 I I_ALIFORNH 1- 7 n I 9-111- 0 J 7 7 `iil 7,_ 11RDER NO. I OF THE DIRECTOR OF EMERGENCY SERVICES PAGE 5 OPERATING STANDARDS Restaurants operating with a temporary outdoor dining area are subject to, and must comply with the following: � � / Temporary outdoor dining areas are for outdoor dining purposes only. No live entertainment, music, mr � � amplification mKany kind. � ~' Restaurants must bein good -standing with the City, have a valid business |icense, no pending health or � i code enforcement matters proceeding, and not delinquent in the payment of any business license fees or taxes � owed the City. � ! `/ Temporary outdoor dining areas can baused byone ormore businesses. � `/ On -site seating atatable shall be limited to no more than G people inthe same party. � VVhena e|| uefety raquirem�nbs ore met. total of all dining enaao cannot exceed original restaurant occupancy. � . � � `/ Outdoor seating areas within sidewalks and public rights -of -way shall maintain adequate and unobstructed � � pedestrian flow of atleast 4 feet, must maintain ADA accessibility into and around all dining ereaa.access � � � � to public utilities, crosswalks, bus stops, and other required entrances/exits, access to fire hydrantsand fire ; � hose connections. � � � The twenty (2O) foot fire lane shall not beobstructed aiany time. � � `/ An approved copy of the COVID-19 Temporary Catering Authorization Application submitted to the Alcoholic � ' Beverage Control must be included with the temporary outdoor dining application. � `/ All areas utilized for temporary outdoor dining must bemade safe for dining byusing eignageand � ! ' � banienm, and, if necessary, temporarily modifying the traffic flow on the property. Access hoand from a public i � rights -of -way shall not be blocked or modified unless approved by the City though issuance of an � � encroachment permit. � No banbo or canopies allowed within outdoor dining arema, only umbrellas. ! � ~/ Restaurants and any temporary outdoor dining areas must maintain ADA accessibility into and around all ! � dining areas, and must ensure that fire and emergency exits at -all -times remain accessible and free from ! � obstruction. ! � / Restaurants and temporary outdoor dining areas must operate in strict compliance with the County Health � � Guidelines, as well as any orders and guidance for restaurants issued by local health officers; aothe same ! � may bemodified from time hotime. � � `/ Outdoor diningareas ehoUopannoeedier and th�nth�ne�baunan�sme��Q��mnamf � � . . : ' ��r�t�»��10'��mm xu��hs�� ' � ' '` � When locating in a public -right-of-way, every permittee shall be required to furnish the city with a certificate of � : insurance with coverage for property damage and personal injury forminimumcombinedoin8|e|imitoovenaQe � i of$2.0OO.0OU naming the oity, its ofOcena, agents and employees as additional insureds. This certificate aho|| � � provide that thirty (30) days written notice of cancellation shall be given to the city. ! � / Restaurants and employees thereof shall comply with all CAL/OSHA and California Department of Public � � Health requirements. � There shall be no permanent installations of chairs, tables, canopies, etc., within the public right-of-way.� � / Temporary outdoor dining areas must becompletely removed at the end nfeach business day. � � `/ Business owner shall deen-uptraoh.debrie.api||m.�tc��oth�ttheydonnt�nteru�tohb�ainaondohormdnain � : � ' system. � � `/ No utilities (overhead wiring/light fixtures, electrical cords, electrical outlets, etc.) will be allowed within the ! � public hg . � �..^..^�.^�,.^...��..'..^�.��^..�^.^.`.�,�..�.�.....,..��.^.....,..^..�.`..^^.^.^�.....^'.^�.`.��...^^..^.^^�.^.�.��'�^..� IEmw~/ FnucrnF"^nrMcm p°p,: accnr^nnw UTILITIES DIVISION wmwTEw^"rs�Emocc^ / ,,.~,"�rv,c ,./,s"^v,�"/,c^/~ '"^'/,p,o.~"/m.�,c �`oo"vL"r s'*,Src*^ rxpR�nc c`�E�Lr�s°cne*^ "-pz",=.,upwp "Cp`,-=° nv«�c`��/rnm~/^ no�xp'c^umc /~ prwxc./^umn .^ '^v.~c.^ ��/�mo - � n� � ., ' ORDER NO. I OF THE DIRECTOR OF EMERGENCY SERVICES PAGE 6 I 11;ii-linli ir J ✓A physical barrier such as plants, temporary fencing, etc.) must be provided that separates and secures the temporary outdoor dining area from parking areas, walkways, and other outdoor spaces accessible by the general public. ✓ There must be a 5-foot separation between the dining area and the drive aisle or driveway. ✓ No outdoor dining shall be located in parking lot areas within 30 feet of a driveway entrance. ✓ The use or obstruction of any public sidewalk, street, alley, or other public -right-of-way shall first require an encroachment permit from the Department of Public Works. Establishments will be required to comply with any conditions of approval, and operate in strict compliance with, any terms and conditions set forth in the encroachment permit. ✓ Outdoor dining areas shall not encroach into any driveways or drive aisles intended for and used by vehicular traffic. Restaurants serving alcohol in a temporary outdoor dining area must first obtain an ABC COVID-19 Temporary Catering Authorization License from the California Department of Alcohol and Beverage Control (https://www.abc.ca.gov/abc-218-cvl9-instructions/.) Only those restaurants that are currently authorized to engage in on -site alcohol sales in the City are permitted to provide alcohol service in a temporary outdoor dining area, and establishments shall strictly comply with any and all requirements of the ABC and the Temporary Catering Authorization License. from property owners, other establishments, the City, and the ABC (as applicable) prior to operating in a temporary outdoor dining area, and shall bear all risks and liabilities associated with operating in a temporary outdoor dining area. As a condition to operating, and as a condition to submitting a Registration Form, restaurants must agree to defend, indemnify, and hold the City harmless for any liabilities relating to or arising from operating in a temporary outdoor dining area. Restaurants are solely and exclusively responsible for procuring and coordinating all operational aspects associated with a temporary outdoor dining area, including but not limited to obtaining consent from property owners, adjacent establishments, and insurance providers. rFVM1TFR L I O PR_�D CE EF-PThE NrT PARR,? E.FIECREAQ T�N UTUTE$ DMSKIM MAINTENANCE SER'flCES PF'r k"�F A q" �W" 1P1 A RFO a A11 FORJ.Ip DO, H 'OU" M'N RPti 11� SHBG f^, E"a"' 0 W P�0 1111UILL DK EICIV, NF, k F,JJFOrM 9 52 ---,! Fl,'R' C 6PK! F[1 Fk"1"L 'L C'"'$FC'PN` 9u" FL1,11NEP RLVEI C, �C , C, '41 5 C., 10 P -7 ORDER NO. 1 OF THE DIRECTOR OF EMERGENCY SERVICES PAGE 7 T 'FF' L PF"—R POUr F PFPARTMEN F & REC,REA7!C� -j—, 'Li7lZ7 MAINT FN�NC7 S I 0�+ ,F�C AVF U-1 F T 11 a1.1 13R,00s, 111F!E 1A F P I OV,"I Y �LIFOQII�,! D,0,1 1� C A L Rq I 10 *RDER NO. I OF THE DIRECTOR OF EMERGENCY SERVICES PAGE 8 F�Jl restaurants operating in a temporary outdoor dining area shall first register with the City by completing the Temporary Outdoor Dining Application and obtain an Encroachment Permit from the Public Works Departments, if applicable, prior to beginning operations in a temporary outdoor dining area. The restaurant Application Form to the City, and operations shall strictly adhere to the information provided in the Guidelines above. nTe-iVh77- - le-ru , I L-01ringfile resia-Frani-s operating MTM, to conauct an inspection of any temporary outdoor dining area to ensure compliance with these Guidelines. If necessary to ensure or enforce compliance with these Guidelines, the County Health Guidelines, ABC requirements, other applicable orders/ laws, or to otherwise prevent or terminate a public nuisance, the City may, without advance notice, direct changes or modifications to any temporary outdoor dining area or a restaurant's use thereof, and compliance with the City's directives is a condition to continuing operating in a temporary outdoor dining area. without advance notice • the operation 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 • if a business is deemed a public nuisance, does not comply with applicable laws, violates fire safety or ADA accessibility requirements, or violates these Guidelines, the County Health Guidelines, or applicable local health orders; and • the City may require the removal, temporary or permanent, of the sidewalk dining space when redevelopment or improvements of the street or sidewalk, or utility repairs necessitates such action, or the permittee fails to comply with the criteria set forth in existing City ordinances. CJVK CENTER L,RF epy Pl,"WC[ DEPAPTMENT PARK & RECREXTION Q-1 iU-1 SF7 C)V11;1:,N MAN TZ:1111>'NCTI M LIPOC k,' HIRF AVE FIURF iVE 109U BRC,C4:'HWE "A E -VW 'WIL C,P P"! 0 �n11 A CLIFORN111 , N AUF,: R NI" PC, 701n LIOW W -.JJ CICIV4NE:1, i.:ALIFORM11 1'.� �