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Home My WebLink About08 EXTENSION OF TEMPORARY OUTDOOR DINING, RETAIL AND ASSEMBLY USEDocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A G11ab"'� AGENDA REPORT asp MEETING DATE: NOVEMBER 16, 2021 TO: MATTHEW S. WEST, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT Agenda Item „$ Reviewed: 157W City Manager N/A Finance Director SUBJECT: EXTENSION OF TEMPORARY OUTDOOR DINING, RETAIL AND ASSEMBLY USES PROGRAM AND APPLICATION FEE WAIVER SUMMARY: Consideration to grant an extension to the City's Temporary Outdoor Dining, Retail, and Assembly Uses Program, and the waiver of the associated application fees, to September 30, 2022. RECOMMENDATION: That the City Council adopt Resolution No. 21-99 extending the Temporary Outdoor Dining, Retail and Assembly Uses Program, and the waiver of its application fee, to September 30, 2022. 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, 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: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Extension of Temporary Outdoor Dining, Retail, & Assembly Uses Program & Application Fee Waiver November 16, 2021 Page 2 On May 18, 2021, the City Council granted the first extension of the Temporary Outdoor Dining, Retail and Assembly Uses Program until December 31, 2021, or 90 days after the City's declaration of local emergency expires or is terminated, whichever is later. The City's declaration of local emergency expired on October 2, 2021. DISCUSSION: The purpose of the Temporary Outdoor Dining, Retail and Assembly Uses Program is to facilitate outdoor dining and outdoor retail and assembly uses 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 or assembly areas associated with an existing business. The temporary outdoor dining and outdoor retail sales or assembly 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 further 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. In addition, a survey has been prepared to better understand the experiences and preferences of Tustin residents, business owners, and patrons as they relate to the temporary outdoor dining and service spaces allowed in response to the COVID-19 pandemic. Once collected, these survey results will help determine the future of such temporary spaces as staff drafts an ordinance fitting the community's needs. DocuSigned by: E u -4. ti ED45DA2623D54A5... Justina L. Willkom Community Development Director Attachment: City Council Resolution No. 21-99 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A ATTACHMENT City Council Resolution No. 21-99 DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A RESOLUTION NO. 21-99 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/OUTDOOR ASSEMBLY USES PERMIT The City Council of the City of Tustin does hereby resolve as follows: WHEREAS, as of November 4, 2021, a novel coronavirus (COVID-19) had spread globally, infecting more than 248 million persons and killing more than 5.02 million individuals worldwide. As of November 4, 2021, 7,613 Tustin residents, 306,274 Orange County residents, over 4.95 million Californians, and over 46.3 million Americans have been confirmed COVID-positive; and 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 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; and 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; and WHEREAS, the adverse fiscal impacts of the constraints on indoor dining and on the normal indoor operations of retail shops have been 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; and DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Resolution No. 21-99 Page 2 WHEREAS, to those ends the Council wishes to continue 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 or assembly areas associated with an existing business; and WHEREAS, such new outdoor dining and outdoor retail sales and assembly 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; and WHEREAS, dining, retail, and service establishments that have struggled under the restrictions of the temporary health measures that restricted their normal operations should not be further burdened with permitting fees to serve food outdoors during the local emergency; and WHEREAS, the City Council of the City of Tustin adopted Resolution No. 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 expiration of the local emergency declaration, and adopted Resolution No. 21-39 on May 18th, 2021, granting the first extension of the Temporary Outdoor Dining, Retail, and Assembly Uses Program to December 31, 2021; 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 the Outdoor Dining/Outdoor Retail Sales Permit is hereby waived while this Resolution remains in effect. SECTION 2. This Resolution supersedes Resolution No. 21-39 and shall go into effect immediately upon its adoption and shall continue in effect until 11:59 p.m. on September 30, 2022. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 16th day of November, 2021. LETITIA CLARK MAYOR ERICA N. YASUDA CITY CLERK DocuSign Envelope ID: 89AB5F7E-7024-41 E5-8A70-595E64F5D32A Resolution No. 21-99 Page 3 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 of the City of Tustin is five; that the above and foregoing Resolution No. 21-99 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 16th day of November, 2021, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA CITY CLERK