In response to the COVID-19 pandemic, City Council confirmed and approved the attached Third Executive Order of the Director of Emergency Services to temporarily suspend the limitations of the Municipal Code relating to outdoor dining on May 26, 2020. The suspension of the Municipal Code limitations on outdoor dining allowed for the creation of the Accessible Business Program.

The Accessible Business Program provided for businesses to temporarily convert portions of parking areas, walkways, patios, sidewalks, and public rights-of-way into outdoor dining and retail areas. Businesses on Main Street were afforded the option to create temporary “parklets,” using the on-street parking spaces in front of their tenant space. To participate in the program, businesses are required to obtain a Temporary Outdoor Business No-fee Permit through the Community and Economic Development Department.

To date, approximately 124 Temporary Outdoor Business permits have been issued under the Accessible Business Program. The number of issued permits peaked in the summer 2020, when approximately one hundred (100) businesses had active permits. Of the total 124 issued permits, twenty (20) permits are active currently. Under the Accessible Business Program, permits could be extended in increments of ninety (90) days. Of the twenty (20) active permits, nineteen (19) have been renewed beyond their initial expiration date.

It is anticipated that the Blueprint for a Safer Economy, including the County tier system guidelines from the State of California would transition on June 15, 2021, in which distancing and capacity restrictions will be lifted for most businesses and activities.  The Third Executive Order provides that the Accessible Business Program would expire upon the expiration of the local emergency or at the time when the State authorizes restaurants and eateries to continue dine-in services without restrictions, whichever comes first.  For the City of Garden Grove, there has been positive feedback and interest from the business community to explore continuation of the Accessible Business Program beyond June 15, 2021.  As the economy begins the process of recovery and getting back to normal, staff will require additional time to conduct an evaluation of possible alternatives for permanent outdoor business options.  

It is not clear whether the governor will end the statewide emergency declaration due to the COVID-19 pandemic.  However, in addition to the evaluation of possible alternatives for pemanent outdoor business options, staff will also need time to program for the eventual reopening of all of the City's programs that have been affected by the pandemic.  It is therefore recommended that the City Council approve continuation of the local emergency and further approve continuation of the Accessible Business Program for six (6) months beyond June 15, 2021.  This would allow the issued permits to remain active, and for new permits to be issued, while exploration of a permanent implementation of the program. In six (6) months, Staff will present recommendations on the feasibility of permanent outdoor business operations.

There is no fiscal impact to the City regarding this proposal.

It is recommended that the City Council:

• Approve extension of the Accessible Businesses Program for six (6) months beyond June 15, 2021, and confirm the necessity of continuing the local emergency.