HomeMy WebLinkAboutCC RES 21-99 DocuSign Envelope ID:06F62B41-23E6-4D82-BD10-A43EDC95AEB3
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 PERMIT
The City Council of the City of Tustin does hereby resolve as follows:
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; 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 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; 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, 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; and
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; and
Resolution 21-99
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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; and
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; and
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; and
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, and adopted Resolution 21-39 on May
18th, 2021, granting a first extension of the temporary outdoor dining, retail, and assembly
uses program;
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 September 30, 2022 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 21-39.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on
the 16th day of November, 2021.
DocuSigned by:
LE ' FA4OLARK,
Mayor
Resolution 21-99
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DocuSigned by:
EI CAA45YAS U DA,
City Clerk
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: Clark, Lumbard, Cooper, Gallagher, Gomez (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
DocuSigned by:
ER ,N-W4YFA IDA,
City Clerk
Resolution 21-99
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