On June 22, 2020, the City Council ratified Executive Order No. 2020-01, which authorizes the use of outdoor dining citywide without discretionary land use entitlements subject to certain provisions.  The Order was created to reduce the financial impacts on restaurants caused by the restrictions on indoor dining capacity that have come about due to the COVID-19 pandemic. 

On July 13, 2020, an updated County Order went into effect that once again prohibited indoor services but allowed for outdoor operations for restaurants, gyms, faith-based organizations, and personal service uses such as barbers, beauty salons, nail salons, massage parlors, and tattoo parlors. 

As such, staff recommends the rescinding of Executive Order No. 2020-01 and ratification of new Executive Order No. 2020-02 to broaden the option of general outdoor operations to all businesses that are currently prohibited from having indoor customer services.  This new order will allow outdoor operations to comply with the County Health Officer Order.  This would allow for businesses and organizations that are currently prohibited from providing indoor services, such as dining, haircuts, manicures, fitness instruction or places of worship to continue to operate while still following the Governor and County orders. 

Furthermore, the new Order revises a prior operational standard which limited temporary shade structures to umbrellas, to now also allow tents and/or canopies for all businesses providing outdoor services. Staff’s prior intent on limiting the outdoor dining to umbrellas was for aesthetic purposes. However, this can also be accomplished by ensuring canopies maintained in good condition and are of professional grade, as opposed to hand-made structures.