HomeMy WebLinkAbout09 EXTENSION OF TEMPORARY OUTDOOR DINING, RETAIL, ASSEMBLY PROGRAM DocuSign Envelope ID:5BOOCDF8-55BO-45B1-B4AE-9964A6186AOB 9
Agenda Item
DS
Reviewed:
AGENDA REPORT City Manager
N/A
Finance Director
MEETING DATE: MAY 18, 2021
TO: MATTHEW S. WEST, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: EXTENSION OF TEMPORARY OUTDOOR DINING, RETAIL AND
ASSEMBLY USES PROGRAM AND APPLICATION FEE WAIVER
SUMMARY:
Consideration to extend the City's temporary waiver of fees for temporary use permit
applications for outdoor dining/outdoor retail sales permits and assembly uses program
to December 31, 2021 or 90 days after the City rescinds declaration of its local
emergency, whichever is later.
RECOMMENDATION: That the City Council:
Adopt Resolution No. 21-39 extending the Temporary Outdoor Dining, Retail and
Assembly Use Program and the waiver of its application fee to December 31, 2021 or
90 days after the City's declaration of local emergency expires or is terminated, whichever
is later.
FISCAL IMPACT:
No impacts to the General Fund are anticipated.
CORRELATION TO THE STRATEGIC PLAN:
This action correlates to the City's Strategic Plan for Economic and Neighborhood
Development (Goal A).
BACKGROUND:
The City established the temporary outdoor dining, retail and assembly uses program and
application fee waiver on June 2, 2020 in response to the onset of the global COVID-19
pandemic. The program was a component of the Tustin "Covid-19 Aid, Relief, and
Economic Security" (CARES) Program which provided $3 Million of emergency aid to
small businesses and individuals/families in need of food and/or housing/rental
assistance resulting from the economic impact associated with the COVID-19 outbreak.
DocuSign Envelope ID:5BOOCDF8-55BO-45B1-B4AE-9964A6186AOB
EXTENSION OF TEMPORARY OUTDOOR DINING, RETAIL AND ASSEMBLY USES PROGRAM
May 18, 2021
Page 2
Other components of the Tustin CARES Program included, but was not limited to the
following initiatives:
• Small Business Grants
• Rental Housing Assistance (homeless prevention)
• Meal Assistance/Distribution
DISCUSSION:
The purpose of the temporary outdoor dining, retail and assembly uses program remains
to be facilitation of outdoor dining and outdoor retail use on private property and/or within
the public right-of-way while protecting the public interest. The program's guidelines,
which may be amended at any time, apply to outdoor dining and outdoor retail sales areas
associated with an existing business. The temporary 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 may include, but are not limited to:
• Sidewalks
• Alleyways (when not used for emergency or vehicle traffic)
• Parking lots
• Plazas
The purpose of extending this program is to provide staff and program participants with
an appropriate period of transition for those who are interested in converting their
temporary, outdoor expansions into permanent operation. Staff is currently working on a
draft policy and procedures to facilitate this transition and will be actively reaching out to
participants to identify those who may be interested in converting their temporary outdoor
expansions permanently.
Attachments:
• Resolution No. 21-39 Extending the Temporary Outdoor Dining, Retail, and
Assembly Uses Program and the Waiver of the City's Fee For a Temporary
Use Permit Application For Outdoor Dining/Outdoor Retail Sales Permit
DocuSign Envelope ID:5BOOCDF8-55BO-45B1-B4AE-9964A6186AOB
RESOLUTION NO. 21-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, EXTENDING THE TEMPORARY OUTDOOR DINING,
RETAIL, AND ASSEMBLY USES PROGRAM AND THE WAIVER OF
THE CITY'S FEE FOR A TEMPORARY USE PERMIT APPLICATION
FOR OUTDOOR DINING/OUTDOOR RETAIL SALES PERMIT
WHEREAS, as of May 12, 2021, a novel coronavirus (COVID-19) had spread
globally, infecting more than 161 million persons and killing more than 3.3
million individuals worldwide. As of May 12, 2021, 6,233 Tustin residents, 254,457
Orange County residents, over 3.7 million Californians, and over 33.5 million
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 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
adjacent outdoor spaces subject to reasonable conditions established to ensure the
health and safety of the establishments' employees and customers;
Resolution No. 21-39
DocuSign Envelope ID:5BOOCDF8-55BO-45B1-B4AE-9964A6186AOB
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;
WHEREAS, the City Council of the City of Tustin adopted Resolution 20-40 on
June 2, 2020 to waive the application fee for temporary outdoor dining, retail and
assembly uses program until 14-days after 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 December 31, 2021 or the 90th calendar day
after the date on which the City's local emergency expires or is terminated, whichever is
later.
A. This Resolution supersedes Resolution 20-40.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 18th day of May, 2021.
LETITIA CLARK,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
Resolution No. 21-39
DocuSign Envelope ID:5BOOCDF8-55BO-45B1-B4AE-9964A6186AOB
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. 21-39 was duly and regularly passed and
adopted at a special meeting of the City Council held on the 18th day of May, 2021 by the
following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
ERICA N. YASUDA,
City Clerk
Resolution No. 21-39