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Home My WebLink AboutCC RES 20-40DocuSign Envelope ID: 6A7CEOE9-7309-4229-A74A-1 20DA91 DF422 RESOLUTION NO. 20-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING A TEMPORARY WAIVER OF THE CITY'S FEE FOR A TEMPORARY USE PERMIT APPLICATION FOR OUTDOOR DINING/OUTDOOR RETAIL SALES PERMIT WHEREAS, as of April 2, 2020, a novel coronavirus (COVID-19) had spread globally, infecting more than 1,000,000 persons and killing more than 51,000 individuals worldwide. As of April 3, 2020, thirteen (13) Tustin residents, 711 Orange County residents, over 10,000 Californians, and over 238,000 Americans have been confirmed COVID-positive. WHEREAS, the World Health Organization, the President of the United States, the Governor of the State of California, the County of Orange, and the City of Tustin have all declared states of emergency as a result of COVID-19; and WHEREAS, despite sustained efforts, the virus remains a threat, and further efforts to control the spread of the virus to reduce and minimize the risk of infection and otherwise mitigate the effects of COVID-19 are being implemented; and WHEREAS, Tustin's dining and retail economy has been hard hit by the economic consequences of the State and County health measures adopted to date, including but not limited to measures that limited restaurants to take-out and delivery options only, and temporarily prohibited the operation of retail establishments or limited retail stores to curbside -pickup only; WHEREAS, it is in the interest of Tustin's local economy, the welfare of Tustin's dining and retail establishments and their many employees, and the welfare of the community to be able to dine and shop at their favorite local restaurants and retail stores when it is safe and healthy to do so, and the dining and retail establishments operate in a manner consistent with evolving State and County health directives; WHEREAS, recent orders and guidance issued by the State of California and the County of Orange are allowing restaurants to reopen on-site dining subject to significant physical distancing and other restrictions on the occupant capacity of restaurant space; WHEREAS, recent orders and guidance issued by the State of California and the County of Orange are allowing retail establishments to reopen subject to significant physical distancing and other restrictions on the occupant capacity of restaurant space; WHEREAS, the adverse fiscal impacts of the constraints on indoor dining and on the normal indoor operations of retail shops can be significantly reduced by permitting existing dining and retail establishments to temporarily expand their operation into Resolution 20-40 Page 1 of 3 DocuSign Envelope ID: 6A7CEOE9-7309-4229-A74A-1 20DA91 DF422 adjacent outdoor spaces subject to reasonable conditions established to ensure the health and safety of the establishments' employees and customers; WHEREAS, to those ends the Council wishes to facilitate outdoor dining and outdoor retail use on private property and/or within the public right-of-way while protecting the public interest through the use of guidelines approved by City staff, which may be amended at any time, that will apply to outdoor dining and outdoor retail sales areas associated with an existing business. WHEREAS, such new outdoor dining and outdoor retail sales areas may be located adjacent to, or in the vicinity of, a permitted restaurant, cafe, or retail business on private property, public property, or within the public right-of-way. Such locations include, but may not be limited to sidewalks, alleyways (when not used for emergency or vehicle traffic), parking lots, and plazas; WHEREAS, dining and retail establishments that are already struggling under the restrictions of the temporary health measures that restrict their normal operations should not be further burdened with permitting fees to serve food outdoors during the local emergency; NOW, THEREFORE, the City Council of the City of Tustin DOES HEREBY RESOLVE as follows: SECTION 1. The fee for a Temporary Use Permit (TUP) Application for Outdoor Dining/Outdoor Retail Sales Permit is hereby waived while this Resolution remains in effect. SECTION 2. This Resolution shall go into effect immediately upon its adoption and shall continue in effect until 11:59 p.m. on the 14th calendar day after the date on which the City's local emergency expires or is terminated. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 2nd day of June, 2020. ATTEST: ERICA N. YASUDA, City Clerk Dr. ALLAN BERNSTEIN, Mayor Resolution 20-40 Page 2 of 3 DocuSign Envelope ID: 6A7CEOE9-7309-4229-A74A-1 20DA91 DF422 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 20-40 was duly and regularly passed and adopted at a special meeting of the City Council held on the 2nd day of June, 2020 by the following vote: COUNCILMEMBER AYES COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: fV (a q0's4a ERICA N. YASUDA, City Clerk Resolution 20-40 Page 3 of 3 Bernstein, Clark, Puckett, Cooper, Lumbard (5) (0) (0) (0)