HomeMy WebLinkAbout15 CODE AMENDMENT 2022-0003 (ORDINANCE NO. 1526)–2022-0003 (ORDINANCE NO. 1526)-OUTDOOR DINNINGDocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
MEETING DATE
TO
FROM
Agenda Item 15
AGENDA REPORT Reviewed: DS
City Manager
Finance Director N/A
AUGUST 16, 2022
MATTHEW S. WEST, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 2022-0003 (ORDINANCE NO. 1526) —
OUTDOOR DINING AND SEATING AND EXTENSION OF
TEMPORARY OUTDOOR DINING, RETAIL, AND ASSEMBLY
USES PROGRAM AND APPLICATION FEE WAIVER
SUMMARY:
This Project is a City -initiated request to amend Tustin City Code (TCC) Article 9 (Land
Use). The proposed Code Amendment (CA) 2022-0003 is an update to TCC Section 9277,
the City's outdoor dining regulations. The intent of this amendment is to increase
restaurants' ability to provide outdoor dining and seating areas while maintaining an
attractive design and protecting the public interest. The subject amendment is a response
to changes in resident, business owner, and patron preferences since the onset of the
COVID-19 pandemic. In addition, Resolution No. 22-42 provides an extension to the
City's Temporary Outdoor Dining, Retail, and Assembly Uses Program (Program) and
waiver of the associated application fees to December 31, 2022, in order to allow
businesses time to comply with the proposed CA 2022-0003.
On July 12, 2022, the Planning Commission adopted Resolution No. 4454,
recommending that the City Council adopt Ordinance No. 1526, approving CA 2022-
0003. The Planning Commission Minutes are provided as Attachment B for reference.
RECOMMENDATION:
That the City Council:
Introduce and have a first reading, by title only, of Ordinance No. 1526, amending
Section 9277 of Chapter 2 of Article 9 (Land Use) relating to outdoor dining to
provide increased flexibility for restaurants to establish and offer outdoor dining
and seating areas to customers, and
2. Adopt Resolution No. 22-42 to extend the Temporary Outdoor Dining, Retail, and
Assembly Uses Program to December 31, 2022.
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Code Amendment 2022-0003
August 16, 2022
Page 2
FISCAL IMPACT:
No impacts to the General Fund are anticipated.
CORRELATION TO THE STRATEGIC PLAN:
This action correlates to the City's Strategic Plan Goal E for Organizational Excellence
and Customer Service, Strategy 3 to conduct a review of the development approval
process to identify streamlining opportunities, and implement a plan of improvement and
Goal A for Economic and Neighborhood Development.
APPROVAL AUTHORITY:
TCC 9295g authorizes the City Council to adopt zoning code amendments following a
recommendation by the Planning Commission and a public hearing.
BACKGROUND:
Proposed Code Amendment (CA) 2022-0003
The City established the Program on June 2, 2020, in response to the onset of the global
COVID-19 pandemic. The Program continues to allow more than 85 businesses to
provide temporary outdoor dining, retail, and assembly services on private property
and/or within the public right-of-way while observing public health guidelines and
restriction measures. The Program was most recently extended by the City Council on
November 16, 2021 and is set to expire on September 30, 2022. If adopted, Resolution
No. 22-42 will extend the Program to December 31, 2022 to allow businesses time to
comply with the amendments proposed in Ordinance No. 1526.
A survey was launched between November 10, 2021 and January 17, 2022, 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. The survey and related marketing materials were
produced in English and Spanish and posted to the City's website and social media. The
survey was also distributed to emails registered to the 10,000 -person City listsery and
promoted by the Chamber of Commerce. While being open and accessible by all,
businesses participating in the Program were specifically asked to share their feedback
and experiences providing outdoor dining services. More than 1,400 responses were
collected and demonstrated a strong support for the continuation of outdoor dining in
Tustin. Specifically:
• 77% of respondents support the continuation of outdoor dining;
• 3% oppose; and,
0 20% did not specify their preference.
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Code Amendment 2022-0003
August 16, 2022
Page 3
Several respondents shared that having the option to dine outdoors gave them an
increased sense of comfort, enlivened our sidewalks, and supported local businesses.
However, it was also important to them that outdoor dining and seating areas add to,
rather than detract from, the City's character by being of a high-quality design. The
proposed amendment accomplishes this by:
• Establishing three (3) separate outdoor dining categories with unique criteria;
• Strengthening and clarifying existing design and operational criteria; and,
• Relaxing parking requirements and streamlining City review processes.
The existing municipal code only addresses permanent expansions to restaurants
intended for outdoor dining purposes. Such improvements can be costly and preclude
small businesses, which may not have sufficient space or resources, from providing
outdoor dining services. To provide flexibility, staff created three (3) ways in which
restaurants can provide an outdoor dining experience. The first path, an "Outdoor Seating
Area," allows restaurants to set out portable furnishings adjacent or in close proximity to
the business and outside of pedestrian and vehicle pathways. This is exemplified by
establishments such as cafes that may place non -fixed tables and chairs in front of their
business. The second path, an "Outdoor Dining Area," allows for the establishment of
defined outdoor areas. These are exemplified by separately identifiable dining areas
bounded by decorative planters, fences, or other barriers and distinguished from the
ground by enhanced flooring, decking, or other identifiable measures. Lastly, the third
path is one or both of the previous outdoor dining types provided within the public right-
of-way. This involves additional requirements relative to public infrastructure like
sidewalks, streets, etc., and requires coordination with and approval of a License
Agreement from the Public Works Department.
The following describes each setting along with its criteria and requirements:
Outdoor Seatina Areas
The proposed amendment would allow restaurants to setup Outdoor Seating Areas with
portable furnishings (chairs, tables, umbrellas, etc.) on private property subject to
complying with certain operational requirements. Permanent improvements, such as
barriers and structural anchoring, are not included in this category. Among other
operational requirements, Outdoor Seating Areas need to be removed no later than 11
p.m. (10 p.m. if adjacent to residential uses), maintained in a clean and attractive
condition, and cannot impede accessible pedestrian or vehicle circulation. Seating areas
maintained in compliance with this section do not count as additional floor area that would
increase the restaurant's parking requirement, and do not need to be reviewed or
approved by the City, thus streamlining restaurants' ability to provide this amenity.
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Code Amendment 2022-0003
August 16, 2022
Page 4
Example - Outdoor Seating Area (Kean Coffee)
Outdoor Dining Areas
This category is defined as an enclosed, separately identifiable outdoor dining space next
to or near the restaurant establishment. This outdoor dining category is already
addressed by the existing municipal code (renamed from "outdoor restaurant seating
areas"). It includes permanent improvements and expansions to a restaurant typically
including decorative barriers, fencing, or planters; decking or other decorative flooring that
separates the dining area floor from the ground; and outdoor furnishings such as shade
structures, tables, and chairs. The proposed amendment clarifies and strengthens
existing design criteria by requiring architectural compatibility between the Outdoor Dining
Area and the restaurant building, requiring permanent planters or barriers that physically
separate and/or define the area from other open spaces, and more as described in the
ordinance. The construction or expansion of an Outdoor Dining Area is subject to Design
Review.
The proposed amendment would increase flexibility by providing Outdoor Dining Areas
with relief from parking requirements when meeting certain criteria. The amendment
would increase the number of chairs that an Outdoor Dining Area can have without
requiring additional parking from twelve (12) chairs to fifteen (15) chairs. Further,
restaurants located in "Large Retail Centers" — defined as commercial centers of 30,000
or more square feet, such as The District, Tustin Heights, The Marketplace, and more —
can each convert up to three (3) parking spaces into part of an Outdoor Dining Area
without needing to replace them. Additional parking reductions can be requested through
a Conditional Use Permit application subject to Zoning Administrator review and approval.
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
Code Amendment 2022-0003
August 16, 2022
Page 5
Example - Outdoor Dining Area (Utopia European Caffe)
Outdoor Seating or Dining Areas in the Public Right -of -Way
The existing municipal code addresses additional requirements for outdoor dining
operations located in the public right-of-way. This includes requiring applicants to secure
a License Agreement from the Public Works Department for the use of any public
sidewalk or street, and includes specific design criteria and considerations applicable to
projects in the public right-of-way. The requirements of this section would apply in addition
to those defined for each outdoor dining category above. The proposed amendment
would ensure consistency between this section and the new regulations for Outdoor
Seating and Outdoor Dining Areas.
Example - Outdoor Seating Area in the Public Right -of -Way (American Grub)
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Code Amendment 2022-0003
August 16, 2022
Page 6
Example — Outdoor Dining Area in the Public Right -of -Way (El Camino Cafe)
Summary of July 12, 2022 Planning Commission Hearing
The Planning Commission considered the item on July 12, 2022 and received a total of
four (4) written comments in response to the public hearing notice. All correspondence
indicated support of the proposed code amendment. In addition, during the public hearing
on July 12, 2022, six (6) members of the public spoke during the hearing in support of the
proposed amendments. The Planning Commission adopted Resolution No. 4454,
recommending that the City Council adopt of Ordinance No. 1526. The Planning
Commission Minutes are attached as Attachment B for reference.
Extension of Temporary Outdoor Dining, Retail and Assembly Uses Program
As mentioned, 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. The following provides a brief timeline of the Program since its
inception in 2020.
• May 18, 2021 - 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.
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Code Amendment 2022-0003
August 16, 2022
Page 7
• November 16, 2021 - City Council extended the Program again until September
22, 2022. The purpose of the last Program extension was to allow staff time to
garner public input that would be incorporated into a revised permanent outdoor
dining program.
The proposed amendment is a culmination of staff's research and public input received
to date. An extension of the Program to December 31, 2022, per Resolution No. 22-42,
will allow staff to conduct additional educational outreach regarding the proposed
amendment and allow time for businesses to comply with any of the options presented
for outdoor dining or seating.
Consistency with the Tustin General Plan
The proposed CA 2022-0003 is consistent with the Tustin General Plan in that it complies
with the following goal and policy:
Land Use Element Goal 6: Improve urban design in Tustin to ensure development
that is both architecturally and functionally compatible, and to create uniquely
identifiable neighborhoods, commercial and business park districts.
Policy 6.2: Encourage and promote high quality design and physical appearance
in all development projects.
PUBLIC NOTICE:
A 1/8 -page public notice was published in the Tustin News on August 4, 2022, informing
the public of the City Council hearing for proposed CA 2022-0003. In addition, the notice
was sent out to businesses and interested parties including businesses that participated
in the Program, survey respondents that provided their contact information, and the
Chamber of Commerce. In total, this includes at least 594 interested parties. The notice
was also posted at Tustin City Hall, the Tustin Library, and the Tustin Area Senior Center.
ENVIRONMENTAL ANALYSIS:
The proposed amendment is not subject to the California Environmental Quality Act
("CEQA"; Cal. Pub. Resources Code Section 21000 et seq.) pursuant to Section
15061(b)(3) of the State CEQA Guidelines (Cal. Code of Regs., title 14, Section 15000 et
seq.) because it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment.
CONCLUSION:
Proposed CA 2022-0003 would be consistent with the City's General Plan and
implements the City's Strategic Plan goal to streamline development processes. Staff
recommends that the City Council introduce and conduct a first reading of Ordinance No.
1526 (Attachment D), amending Part 7 of Chapter 2 of Article 9 (Land Use) of the TCC to
increase restaurants' ability to provide outdoor dining and seating areas while maintaining
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Code Amendment 2022-0003
August 16, 2022
Page 8
an attractive design and protecting the public interest, and set the second reading for the
next regularly scheduled City Council meeting. Staff recommends that the City Council
also adopt Resolution No. 22-42 to extend the Temporary Outdoor Dining and Assembly
Program to December 31, 2022 to allow staff to conduct additional educational outreach
regarding the proposed amendment and allow time for businesses time to comply with
any of the options presented for outdoor dining or seating.
J bD�ocuSigned by: DocuSigned by, ..J
0916B787BBC64A9... 54A5.
i�Plc�vx
Jorge Maldonado Justina L. Willkom
Assistant Planner Community Development Director
Attachments:
A. Planning Commission Resolution No. 4454
B. Planning Commission Draft Minutes — July 12, 2022
C. Redlined Amendment to TCC 9277
D. Ordinance No. 1526
E. City Council Resolution No. 22-42
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
ATTACHMENT A
PLANNING COMMISSION
RESOLUTION NO. 4454
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
RESOLUTION NO. 4454
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1526,
AMENDING SECTION 9277 OF CHAPTER 2 OF ARTICLE 9
(LAND USE) OF THE TUSTIN CITY CODE (CODE
AMENDMENT 2022-0003) TO STREAMLINE THE
PROCESS AND REQUIREMENTS FOR RESTAURANTS
TO ESTABLISH OUTDOOR DINING AREAS AND
OUTDOOR SEATING AREAS.
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That Chapter 2 of Article 9 of the Tustin City Code (TCC) establishes allowable
uses, definitions, and development standards of properties within all zoning
districts in the City.
B. That the proposed Code Amendment (CA) 2022-0003 is an update to TCC
Section 9277, the City's outdoor dining regulations. The intent of this amendment
is to increase restaurants' ability to provide outdoor dining and seating areas
while maintaining an attractive design and protecting the public interest.
C. That on July 12, 2022, a public hearing was duly noticed, called, and held by
the Planning Commission on CA 2022-0003 relating to outdoor dining.
D. That the code amendments are reasonable and serve the purpose of
responding to changes in resident and business owner preferences related to
outdoor dining in light of the global COVID-19 pandemic.
E. That the proposed amendments comply with the Tustin General Plan in that
they comply with the following goal and policy:
Land Use Element Goal 6: Improve urban design in Tustin to ensure
development that is both architecturally and functionally compatible, and to
create uniquely identifiable neighborhoods, commercial and business park
districts.
Policy 6.2: Encourage and promote high quality design and physical
appearance in all development projects.
F. The Planning Commission finds that the proposed code amendment is not'
subject to the California Environmental Quality Act ("CEQA"; Cal. Pub.
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Resolution No. 4454
Page 2
Resources Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of the
State CEQA Guidelines (Cal. Code of Regs., title 14, Section 15000 et seq.)
because it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment.
The Planning Commission hereby recommends that the City Council adopt
Ordinance No. 1526, amending Section 9277 of Chapter 2 of Article 9 (Land Use)
of the TCC (Code Amendment 2022-0003) relating to outdoor dining to streamline
the process and requirements for restaurants to establish outdoor dining areas and
outdoor seating areas, attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin held on the 12th day of July 2022.
c -
DAVID J. MFXLO, JR.
Chairperson
Jb6tlNA L. WILLIKOM
Planning Commission Secretary
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Resolution No. 4454
Page 3
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, Californiay that Resolution No, 4454 was passed and adopted
at a regular meeting of the Tustin Planning Commission, held on the 12th day of July 2022.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
AgINA L. WILLIKOM
Planning Commission Secretary
Exhibit A- Draft Ordinance 1526
Chu, Mason, Mello (3)
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
DRAFT ORDINANCE NO. 1526
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTION 9277 OF
CHAPTER 2 OF ARTICLE 9 (LAND USE) OF THE TUSTIN
CITY CODE (CODE AMENDMENT 2022-0003) TO
STREAMLINE THE PROCESS AND REQUIREMENTS FOR
RESTAURANTS TO ESTABLISH OUTDOOR DINING
AREAS AND OUTDOOR SEATING AREAS.
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. That Chapter 2 of Article 9 of the Tustin City Code (TCC) establishes allowable
uses, definitions, and development standards of properties within all zoning
districts in the City.
B. That the proposed Code Amendment (CA) 2022-0003 is an update to TCC Section
9277, the City's outdoor dining regulations. The intent of this amendment is to
increase restaurants' ability to provide outdoor dining and seating areas while
maintaining an attractive design and protecting the public interest.
C. That on July 12, 2022, a public hearing was duly noticed, called, and held by the
Planning Commission on CA 2022-0003 relating to outdoor dining.
D. That on , 2022, a public hearing was duly noticed, called, and held on
CA 2022-0003 by the City Council.
E. That the code amendments are reasonable and serve the purpose of responding
to changes in resident and business owner preferences related to outdoor dining
in light of the global COVID-19 pandemic.
F. That the proposed amendments comply with the Tustin General Plan in that they
comply with the following goal and policy:
Land Use Element Goal 6: Improve urban design in Tustin to ensure
development that is both architecturally and functionally compatible, and to
create uniquely identifiable neighborhoods, commercial and business park
districts.
L --j
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No.1526
Page 2
Policy 6.2: Encourage and promote high quality design and physical
appearance'in all development projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 2. Section 9277 of Chapter 2 of Article 9 of the TCC is hereby amended in its
entirety to read as follows:
9277 OUTDOOR RESTAURANT SEATING AND DINING AREAS
a) Purpose
The regulations and requirements of this Section are intended to provide for the
proper location and minimum standards for permanent Outdoor Dining Areas and
Outdoor Seating areas for restaurants in the commercial areas of the City of Tustin. It
shall be unlawful for any person to establish an Outdoor Dining Area or Outdoor Seating
Area at any site unless approval has been obtained, as applicable, consistent with this
Section.
b) Definitions
For the purposes of this Section, the following definitions shall apply:
"Outdoor Dining Area" means an outdoor area that has been improved as a
separately identifiable, designated space for the outdoor seating, service, and/or
consumption of meals and beverages in conjunction with a restaurant located
directly adjacent to or in close proximity of the outdoor area, excluding outdoor
dining areas located within a park, golf course, recreation center, senior center or
other public or quasi -public use, as may be determined by the Community
Development Director. Typical improvements include a defined perimeter via
landscape planters, decorative barriers, or fencing; decking or other decorative
flooring that separates the dining area floor from the ground; and outdoor
furnishings such as shade structures, tables, and chairs.
"Outdoor Seating Area" means an outdoor area directly adjacent to or in close
proximity of a restaurant where non -fixed tables and chairs are provided for
restaurant patrons to sit and/or consume meals and/or nonalcoholic beverages.
An Outdoor Seating Area is differentiated from an Outdoor Dining Area by the
portable nature of outdoor furnishings and a lack of physical barriers or
improvements.
c) Applicability
No person or entity shall operate a restaurant or take-out restaurant which provides
an Outdoor Dining Area or Outdoor Seating Area for the purpose of serving food or
beverages to customers without meeting the requirements of this Section and receiving
prior written approval of the Community Development Director or designee, as applicable.
Said approval shall be in addition to any other license or permit required by California
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No.1526
Page 3
Law or the TCC. Outdoor Dining Areas or Outdoor Seating Areas proposing to operate
within the public right-of-way must obtain a License Agreement from the City of Tustin as
described in subsection f. Outdoor Dining Areas proposing to serve alcoholic beverages
shall obtain approval for a Conditional Use Permit pursuant to Section 9271dd, as may
be required by the subject property's zoning designation, and an applicable license from
the California State Department of Alcoholic Beverage Control.
d) Outdoor Seating Areas
Outdoor Seating Areas established as an accessory use to a food service
establishment such as a cafe, bakery, or restaurant are subject to the requirements below
and the Outdoor Seating and Dining Area Design Guidelines as may be promulgated by
the Community Development Department, and as the same may be amended. The
Community Development Director may waive, modify, or impose additional operational
conditions deemed necessary and appropriate provided that the waiver, modification,
and/or additional conditions achieve the purpose and intent of this Section.
(1) Operational Requirements
(a) Restaurants may have non -fixed tables and furnishings (seats, benches,
umbrellas) directly adjacent to or in close proximity of the restaurant.
(b) Furnishings may be set out as early as thirty (30) minutes before opening and
must be removed no later than thirty (30) minutes after closing of the business.
(c) Operation of an Outdoor Seating Area shall be permitted only at such times as
the main place of business is open, and in no event before 6:00 a.m. and after
11:00 p.m., except when the Outdoor Seating Area abuts in whole or in part a
residentially used or zoned property, in which case the hours of operation for
the Outdoor Seating Area shall be limited to no earlier than 7:00 a.m. and no
later than 10:00 p.m.
(d) All Outdoor Seating Areas shall comply with the City's Noise Ordinance.
(e) All required pedestrian pathways, emergency access/exits, and fire lanes must
be maintained in compliance with applicable ADA, Orange County Fire
Authority, and City requirements.
(f) No furnishings may be placed in any required parking or landscape area.
(g) No furnishings may be placed or encroach within the public right-of-way without
first obtaining appropriate approvals from the Public Works and Community
Development Departments and meeting the requirements of Section f.
(h) No advertising, signage, or identification of any kind is permitted on outdoor
furnishings (including shade structures).
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No.1526
Page 4
(i) An Outdoor Seating Area provided in compliance with these requirements will
not be counted as floor area used to determine the restaurant's parking
requirement.
(j) Furnishings must be maintained and cleaned regularly with no ripped, faded,
or otherwise damaged materials. Any unmaintained furnishing shall be repaired
or replaced immediately. The restaurant manager or business owner is
responsible for maintaining the Outdoor Seating Area free of trash, litter, and
food debris.
e) Outdoor Dining Areas
(1) Review Procedure and Submittal Requirements
The establishment of a new Outdoor Dining Area, or the expansion or substantial
modification of an existing Outdoor Dining Area, shall be subject to the City's Design
Review process in accordance with Section 9272. Approval for an Outdoor Dining Area
shall be granted only to the operator of a restaurant which is in conformance with the
Zoning Code and which holds a valid City Business License. Written concurrence of the
property owner shall also be required. The Community Development Director may waive,
modify, or impose additional conditions deemed necessary and appropriate provided that
the waiver, modification, and/or additional conditions achieve the purpose and intent of
this Section.
When a restaurant is proposed to replace a restaurant where an Outdoor Dining Area
had previously been approved pursuant to this Section, the new restaurant owner or
operator may continue to utilize the existing Outdoor Dining Area without obtaining
separate written approval, so long as such owner or operator submits an Agreement to
Conditions Imposed to the City to comply with the requirements of this Section and all
conditions of the prior written approval, on a form provided by the Community
Development Director, executed by the new restaurant owner and the property owner.
Notwithstanding the foregoing, if any portion of the existing Outdoor Dining Area is located
within a City property, a public sidewalk or other public right-of-way, the new restaurant
owner or operator shall enter into a new License Agreement with the City and comply with
the provisions of subsection f.
All proposals shall be accompanied by a complete application for Design Review on a
form provided by the Community Development Director and shall include the following:
(a) A detailed drawing to scale of the proposed site indicating the following: the
existing facade, the points of ingress and egress, the proposed location of the
tables, chairs, serving equipment, planters, borders, awnings, umbrellas,
border enclosures, or other facilities to be included in the Outdoor Dining Area.
If the Outdoor Dining Area is proposed to be located on City property, a public
sidewalk or other public right-of-way, the drawings must also include the
location of existing public improvements including fire hydrants, street signs,
street lights, traffic signals, bus shelters, mail boxes, trees and tree grates,
parking meters, planting boxes or planting areas, fire escapes or other
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No.1526
Page 5
overhead obstructions, and any other public obstruction. Photographs and/or
brochures depicting the chairs, tables, umbrellas and other private features
including lighting shall be included with the site plan.
(b) A narrative description of the proposal, including the proposed hours of
operation, and any additional information as may be deemed necessary by the
Community Development Director.
(c) The fee as may be established by Resolution of the Tustin City Council.
(2) Location and Design Requirements
(a) An Outdoor Dining Area shall meet the following locational and design criteria,
and the Outdoor Seating and Dining Areas Design Guidelines:
(1) The Outdoor Dining Area may only be established abutting or adjacent to
the primary restaurant business with which the outdoor dining area is
associated.
(2) An Outdoor Dining Area shall not be located on City property, a public
sidewalk or other public right-of-way unless a valid License to do so has
been obtained from the Tustin Public Works Department and subject to the
regulations established in Section f.
(3) The Outdoor Dining Area shall not occupy or interfere with the use of
required parking spaces and drive aisles, unless approved otherwise.
(4) The Outdoor Dining Area shall not obstruct any fire exit, fire escape, or other
required ingress or egress to any structure or property.
(5) The Outdoor Dining Area shall be compatible with the design of the building
establishment and maintain proper visibility and access to the
establishment.
(6) The Outdoor Dining Area shall not be located so as to interfere with ADA
and pedestrian access, bike or vehicle traffic, or that creates a threat to
public safety as determined by Community Development Director, Public
Works Director, Police Chief or the Orange County Fire Authority.
(7) The Outdoor Dining Area floor shall be composed of decking, raised
foundation, or other materials that differentiate the dining area from the
surrounding area.
(8) The Outdoor Dining Area shall be enclosed by permanent improvements
such as landscape planters, fencing, decks, and/or other decorative barriers
that physically separate and/or define the dining area from other open or
public spaces. Barriers within the public right-of-way shall be removable
upon request by the City. The enclosure shall be a minimum of three (3)
feet tall, or higher as required by California State Department of Alcoholic
Beverage Control as applicable.
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No. 1526
Page 6
(b) No additional parking required when the Outdoor Dining Area contains no more
than 15 seats, or is no larger than fifty (50) percent of the restaurant's interior
seating area.
(c) For restaurants located within commercial centers designated as "Large Retail
Centers" (30,000 square feet or more), up to three (3) legal parking spaces
adjacent to the restaurant can be used as part of an Outdoor Dining Area
without needing to be replaced to comply with parking requirements.
(d) A reduction in the number of required parking spaces to accommodate an
Outdoor Dining Area can be obtained with the approval of a Conditional Use
Permit by the Zoning Administrator, pursuant to Section 9264a (Joint Use of
Parking Areas).
(3) Operational Requirements
City approval and continued enjoyment of the Outdoor Dining Area shall be subject to the
following conditions:
(a) The Outdoor Dining Area should be compatible in color and style with the
exterior of the building. The use of compatible awnings, umbrellas, plants, and
other human scale elements is encouraged to enhance the pedestrian
experience.
(b) The applicant shall comply with all applicable federal, state, county and city
laws and regulations, and operation of the outdoor restaurant seating area shall
not be detrimental to the health, safety, or welfare of persons residing or
working in the vicinity.
(c) No outdoor keeping or storage of food or beverages to be served shall be
permitted. No open keeping or storage of Used dishes, utensils or food scraps
shall be permitted. Self-closing, outdoor trash containers shall be provided to
the satisfaction of the Community Development Department. All outdoor
restaurant seating areas shall be cleaned on a continual daily basis.
(d) Furnishings must be maintained and cleaned regularly with no ripped, faded,
or otherwise damaged materials. Any unmaintained furnishing shall be repaired
or replaced immediately. The restaurant manager or business owner is
responsible for maintaining the outdoor seating area free of trash, litter, and
food debris.
(e) Operation of an Outdoor Dining Area shall be permitted only at such times as
the main place of business is open, and in no event before 6:00 a.m. and after
11:00 p.m., except when the outdoor dining area abuts in whole or in part a
residentially used or zoned property, in which case the hours of operation shall
be limited to no earlier than 7:00 a.m. and no later than 10:00 p.m.
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No.1526
Page 7
(f) An Outdoor Dining Area may have a menu board that does not exceed six (6)
square feet in area.
(g) The sale and consumption of alcoholic beverages in the Outdoor Dining Area
shall be restricted by and subject to any required California State Department
of Alcoholic Beverage Control or other applicable license or permit governing
the restaurant. Any outdoor dining area where alcoholic beverages are sold or
consumed shall be confined by a border, fence, and/or planters and shall be
supervised at all times by an employee of the restaurant. No alcoholic
beverages may be removed from the Outdoor Dining Area, except to the
interior of the restaurant.
(h) The Outdoor Dining Area shall comply with all applicable federal, state, county
and city laws and regulations concerning accessibility and nondiscrimination in
the provision of services.
(i) All Outdoor Dining Areas shall comply with the City's Noise Ordinance.
{j) Live entertainment or amplified music within the Outdoor Dining Area during
allowed operational hours shall be accomplished in such a fashion so as to
comply with the TCC and City's Noise Ordinance.
(k) Lighting shall be provided to illuminate the Outdoor Dining Area.
(1) Violation of any of the requirements set forth in this Section, or any other
conditions placed on approval of an Outdoor Dining Area by the City of Tustin,
shall constitute a violation of the TCC, subject to enforcement in any manner
authorized by the TCC. In addition, the Community Development Director is
hereby authorized to suspend or revoke any prior approval of an Outdoor
Dining Area upon continuous or repetitive violation of such requirements or
conditions.
f) Additional Requirements for Outdoor Seating Areas and Outdoor Dining
Areas Located Within City Property, a Public Sidewalk, or the Public Right -of -
Way
Notwithstanding any other provision of this Code, all or a portion of an Outdoor
Seating Area or Outdoor Dining Area that satisfies the requirements of this Section, may
be located within City property, a public sidewalk or public right-of-way where the Director
of Public Works determines, in his or her discretion, that the use is compatible with the
intended use of the City property, public sidewalk or other public right-of-way, subject to
the following conditions:
(1) A revocable License Agreement shall be obtained from the City of Tustin for any
portion of an Outdoor Dining Area or Outdoor Seating Area located on City
property, public sidewalk or other public right-of-way. The License Agreement shall
be subject to termination by the City at any time upon a ten (10) day prior written
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No. 1526
Page 8
notice upon determination of the Community Development Director and/or Director
of Public Works that one (1) or more of the conditions or provisions of this Section
have been violated, or that one (1) or more factors listed in this Section have
changed, or the permitted use is no longer compatible with the intended use of the
City property, public sidewalk or other public right-of-way. No prior written notice
shall be required to terminate the License Agreement where the Community
Development Director and/or Director of Public Works determines, in his or her
discretion, that the continued use of the City property, public sidewalk or other
public right-of-way for the Outdoor Seating Area or Outdoor Dining Area poses an
imminent threat to health or safety.
(2) The use of public sidewalks or right-of-way for an Outdoor Seating Area or Outdoor
Dining Area may be permitted only when associated with the operation of a
licensed establishment such as a cafe, bakery, restaurant or take-out restaurant
operating on property located adjacent to or in close proximity of said right-of-way.
(3) The restaurant operator or property owner shall provide to the City of Tustin, in a
form acceptable to the City Attorney, the following:
(a) An agreement to indemnify, defend, and hold harmless the City of Tustin, as
applicable, for any and all claims for liability or damages arising from the
operation of the Outdoor Seating Area and/or Outdoor Dining Area; and,
(b) Insurance certificates and endorsements evidencing general liability insurance,
workers compensation insurance, and such other insurance, in such amounts
and forms as may be required by the City of Tustin Risk Manager.
(4) In no event shall the placement of furnishings for or the operation of the Outdoor
Seating Area or Outdoor Dining Area interfere with the passage of pedestrian or
vehicular traffic, or reduce access to the public sidewalk to less than four (4) feet
clear of all obstructions, measured from the edge of the sidewalk closest to the
curb (or lampposts, utility boxes, etc., where such exist).
(5) In no event shall the placement of furnishings for or the operation of the Outdoor
Seating Area or Outdoor Dining Area obstruct access to any bus stop, crosswalk,
mailbox, curb cut, parking space or any other public property, or obstruct access
to any fire hydrant, fire escape or fire door, or obstruct the clear view of any traffic
signal, regulatory sign or street sign.
(6) The restaurant owner and/or operator shall be responsible for the maintenance
and. upkeep of the City property, public sidewalk or other public right-of-way used
for the Outdoor Seating Area or Outdoor Dining Area and the replacement of
damaged public property, including brick pavers.
(7) I✓urniture and furnishings used for Outdoor Seating Areas_may not be attached by
any means to the City property, public sidewalk or other public right-of-way. When
notified by the City of Tustin to do so, the restaurant shall remove all furnishings
and obstructions from the public sidewalk or right-of-way to accommodate special
events or to accommodate the repair or maintenance of City property, sidewalk, or
public right-of-way.
Ordinance No. 1.526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No.1526
Page 9
(8) The Outdoor Dining Area shall be confined by portablelremovable improvements
such as landscape planters, removable fencing and/or other decorative barriers
that physically separate and/or define the dining area from other open or public
spaces. The enclosure shall be a minimum of three (3) feet tall, or as required by
California State Department of Alcoholic Beverage Control as applicable.
(9) Granting of a License by the City pursuant to this section f shall be subject to
payment of such fees or compliance with such additional conditions as may be
required by the City Council.
g) Appeals
The appeal of any action or decision of the Community Development Director to
grant, deny, revoke, or suspend approval for an Outdoor Dining Area pursuant to this
Section may be made by any interested party in the same manner and subject to the
same procedures as an appeal of action of the Community Development Director or
Zoning Administrator pursuant to Section 9294.
SECTION 3. Section 9263, Table 1: Parking Requirements by Land Use, of Part: 6 of
Chapter 2 of Article 9 of the TCC is hereby amended to
read as follows (new text underlined; deleted text in strikeout):
Table 1: Parking Requirements by Land Use
Land Use Type
Parking Spaces Required
Restaurants, cafes,
cafeterias, lounges, or similar
1 space for each 100 sq, ft. of gross floor area, plus a minimum
7 -car stacking space for drive --through, except no additional
establishments at which the
parking spaces shall be required when a
consumption of food and
restaurant use replaces a retail, service, or office use on a
beverages occurs primarily
property located within the Downtown Commercial Core
on the premises
Specific Plan
No additional parking shall be required for an e4de,r-�to-uFant
seating -a -rte Outdoor Dining Area when the area either contains
no more than 15 seats, or is no larger than 50 percent of the
restaurant's interior seating area; 1 additional parking space
shall be required for each additional 100 sq. ft. by which the
outdoor restaurant seating area exceeds the 50 -percent
threshold; restaurants located within _commercial _ centers
desi Hated as "Lar e Retail Centers" 30 000 s uare feet or
more may use u to three 3 le al arkin s aces ad'acent to
the restaurant as part of an Outdoor Dining Area without
needing to be replaced to COMDIV with parking re uirements
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No.1526
Page 10
SECTION 4. Section 9263, Table 1: Parking Requirements by Land Use, of Part 6 of
Chapter 2 of Article 9 of the TCC is hereby amended to read as follows (new text
underlined; deleted text in strikeout):
Table 1: Parking Requirements by Land Use
Land Use Type
Parking Spaces Required
Restaurants, take out;
1 space for each 250 sq. ft. of gross floor area, plus a minimum
including delicatessens,
7 -car stacking space for drive-through, except no additional
donut shops, coffee shops, or
parking spaces shall be required when a
similar establishments at
restaurant use replaces a retail, service, or office use on a
which the consumption of
property located within the Downtown Commercial Core
food and beverages occurs
Specific Plan
primarily away from the
premises
No additional parking shall be required for an Gutdoof4estawW
seating area Outdoor Dining Area when the area either contains
no more than -1-2 15 seats, or is no larger than 50 percent of the
restaurant's interior seating area; 1 additional parking space
shall be required for each additional 250 sq. ft. by which the
outdoor restaurant seating area exceeds the 50 -percent
threshold; restaurants located within commercial centers
designated as "Large Retail Centers" {30,000 gquarefeet or
mare may use up to three (3) legal parking spaces adjacent to
the restaurant as part of an Outdoor Dining Area without
needing to be replaced to comply with parking requirements
SECTION 5. Effective Date. This Ordinance shall take effect on the 31St day after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption
of the Ordinance and cause this Ordinance to be published as required by law.
SECTION 6. CEQA Exemption. The City Council finds that the proposed Ordinance is
not subject to the California Environmental Quality Act ("CEQA"; Cal. Pub. Resources
Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State CEQA
Guidelines (Cal. Code of Regs., title 14, Section 15000 et seq.) because it can be seen
with certainty that there is no possibility that the activity in question may have a significant
effect on the environment.
SECTION 7. Severability. If any section, sub -section, clause or phrase in this Ordinance
is for any reason held out to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Tustin hereby declares that it would
have adopted this Ordinance and each section, subsection, clause, phrase or portion
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No.1526
Page 11
thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Tustin on this day of , 2022.
AUSTIN LUMBARD, Mayor
ATTEST:
CARRIE WOODWARD, Acting City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1526
I, Carrie Woodward, Acting 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 5; that the above and foregoing Ordinance No. 1526 was
duly and regularly introduced at a regular meeting of the Tustin City Council, held on the
day of , 2022, and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the day of , 2022, by the following
vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Carrie Woodward, Acting City Clerk
Published:
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
ATTACHMENT B
PLANNING COMMISSION
MINUTES
JULY 12, 2022
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
MINUTES
COUNCIL CHAMBER & VIDEO CONFERENCE
TUSTIN PLANNING COMMISSION
MEETING
JULY 12, 2022
7:05 p.m. CALLED TO ORDER.
Given. INVOCATION: Pastor Michael Truong, Mariners Church
Given. PLEDGE OF ALLEGIANCE: Commissioner Chu
Present. ROLL CALL: Chair Mello
Commissioners Chu and Mason
Absences Commissioner Higuchi and Chair Pro Tem Kozak had excused absences.
None. PUBLIC INPUT: Hurtado confirmed no public input was received.
Approved CONSENT CALENDAR:
the Consent
Calendar, as
presented.
1. APPROVAL OF MINUTES —JUNE 14, 2022
RECOMMENDATION:
ITEM #1
That the Planning Commission approve the Minutes of the June 14, 2022
Planning Commission meeting, as provided.
2. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF
TELECONFERENCE FOR MEETINGS
In order for the Planning Commission to continue to have the option to meet
via teleconference during the pandemic, AB 361 requires the Commission to
make specific findings at least every thirty (30) days.
RECOMMENDATION:
Make the following findings by a majority vote of the Planning Commission:
a. A state of emergency has been proclaimed by California's Governor due
to the COVID-19 pandemic, and continues to be in effect;
b. The Commission has reconsidered the circumstances of the state of
emergency; and
Minutes — Planning Commission July 12, 2022 — Page 1 of 9
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
c. State and local officials continue to recommend measures to promote
social distancing to slow the spread of COVID-19.
Hurtado Hurtado confirmed no public comments received.
Motion: It was moved by Mason, seconded by Chu, to approve the Consent Calendar, as
presented. Motion carried: 3-0-2. Higuchi and Kozak both had excused absences.
PUBLIC HEARING:
Adopted 3. CODE AMENDMENT 2022-0003 (ORDINANCE NO. 1526) — (OUTDOOR
Reso. No. DINING AND SEATING)
4454, as
presented.
SUMMARY
This Project is a City -initiated request to amend Tustin City Code (TCC)
Article 9 (Land Use). The proposed Code Amendment 2022-0003 is an
update to TCC Section 9277, the City's outdoor dining regulations. The intent
of this amendment is to increase restaurants' ability to provide outdoor dining
and seating areas while maintaining an attractive design and protecting the
public interest. The subject amendment is a response to changes in resident,
business owner, and patron preferences since the onset of the COVID-19
pandemic. If adopted, this amendment will terminate the Temporary Outdoor
Dining, Retail, and Assembly Uses Program set to expire on September 30,
2022.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4454, recommending
that the City Council adopt Ordinance No. 1526, amending Section 9277 of
Chapter 2 of Article 9 (Land Use) relating to outdoor dining to provide
increased flexibility for restaurants to establish and offer outdoor dining and
seating areas to customers.
Maldonado Presentation given.
Mason Mason commented on the vacant lots in Old Town Tustin and the owners not
developing those lots. She referred to the vacant lot next door to the Chaak
restaurant as an example. Mason commented that people park illegally in this
vacant lot and the association with the demand for parking by diners frequenting the
area. Mason asked if there have been discussions with the vacant lot owners on
how to utilize those lots during the busy weekend times. Mason also suggested the
City could close off the streets in Old Town to support outdoor dining, which she
believes would bring more people into Tustin. Mason asked if there was anything
the City could do to support interim uses of the vacant lots so as to prevent illegal
parking as more customers visit Old Town.
Minutes — Planning Commission July 12, 2022 — Page 2 of 9
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
Willkom In response to Mason's questions/comments, Willkom stated that with the adoption
of the DCCSP in 2018, staff has conducted a study for potential development on
the vacant lots. However, to date the City still has not seen any development
moving forward and as such, the City Council has directed staff to look into
reassessment of the DCCSP and the RHASP. Staff was directed to work with a
consultant on strategies to incentivize development of these lots. She added that
staff recently prepared a Request for Proposal, per Council direction in order to
study the issues. Willkom also stated that the City Council recently approved the
City's budget which included public improvements to Old Town. The Public Works
Department is currently looking at potential parklets along EI Camino Real and Main
Street, including provisions of removable bollards to close off streets in Old Town
for special events.
Mello Mello asked what exposure the City has regarding civil complaints for public
properties to be used for private enterprise on a quasi -permanent basis. He also
referred to page 3 of the proposed ordinance and the operational requirements -
Subsection H (no advertising). Mello asked when advertising is/is not allowed on
overheads and canopies. He requested clarification regarding a license agreement
being required in the public right-of-way, specifically if the agreement would allow a
restaurant to place their facility in the public right-of-way to provide areas where
alcohol can be consumed. Mello asked if the outdoor dining fixtures are considered
permanent or non -permanent improvements in the public right-of-way or if they are
affixed to or floating freely. He requested clarification whether license agreements
for use of the public right-of-way require a bond or other surety regarding the
removal of those improvements when the business leaves or no longer exists.
Kendig In response to Mello's previous questions, Kendig stated that the City takes a three -
prong approach to controlling its liability for allowing the public right-of-way to be
used in these ways. The first is requiring users of restaurants to have insurance and
to name the City as an additional insured. The liability insurance provides
indemnification and defense against the claim. The second is the indemnification if
no insurance or if the insurance has been exhausted, then the restaurants, or other
use, would agree to defend and indemnify the City. Finally, Kendig added, the City
maintains its own insurance which covers the publicly owned public right-of-way
and that is how the City controls the liability long-term.
Maldonado In response to Mello's question regarding the proposed ordinance, Maldonado
referred to Subsection H, which prohibits advertising for Outdoor Seating areas
only. The reason for that restriction is due to the lack of a requirement for a formal
submittal, review, or approval process for Outdoor Seating areas. Maldonado
stated that the applicant is not going to be submitting anything to the City, so the
restriction is intended to mitigate any potential excessive advertisement.
Maldonado For the Outdoor Dining areas, permanent construction, such as patio covers, will be
reviewed through the City's Design Review process. Maldonado stated that at that
time, any proposed signage would be reviewed for compliance with the City's
Minutes — Planning Commission July 12, 2022 — Page 3 of 9
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
Maldonado municipal code. Maldonado stated, that for Outdoor Dining areas, there are no
special provisions for signage and instead the use must follow the City's Sign Code.
Maldonado stated, in the public right-of-way, there could be either an Outdoor
Seating area, such as the seating area provided by American Grub in front of the
Tustin Area Museum, where the seating is not enclosed, or an Outdoor Dining area
that is fenced off with barriers such as the area in front of Chaak restaurant. The
State Alcohol Beverage Control (ABC) Department might allow the provision of
alcoholic beverages in enclosed outdoor dining areas, but in the case of an outdoor
seating area, which is not enclosed or fenced -off and only has tables and chairs,
ABC would not allow alcoholic beverages to be served since the restaurant does
not have control of that space.
Regarding outdoor dining areas, improvements in the public right-of-way are meant
to be removable in the event the City needs to use the street or sidewalk for a special
event or City activity. While the improvements need to be somewhat removable in
order to facilitate those activities, outdoor dining areas must have a defined space
to provide a sense of enclosure in place. Per the existing TCC, and the proposed
amendments, there is no specific provision requiring a bond with regards to the
improvements in the public right-of-way being removed if the business no longer
exists. However, the City has the capacity to enforce these improvements be
removed through the Code Enforcement Division.
7:34 p.m. Opened the public hearing.
Public in Support of Item #3:
Ms. Kimberly Conroy, owner of the American Grub and the Swinging Door,
generally commented on her appreciation towards staff for their support of her
businesses.
Robin Andrews, resident, generally made favorable comments regarding her
support of the item.
Dave Scott, resident, shared his support of the item.
Eldy Galietle, resident, thanked the City for their support and she was in support of
the item.
Alfio Rossetti, Roma D'Italia, thanked the City for the support during the Pandemic
and to Maldonado for his presentation. He voiced his concern that restaurants in
larger shopping centers are able to use parking spaces for outdoor dining areas and
restaurants in Old Town cannot. He suggested that the City consider allowing
businesses in Old Town to use parking spaces for outdoor dining. He recommended
that a comprehensive parking solution be considered for Old Town rather than
piecemeal.
Minutes — Planning Commission July 12, 2022 — Page 4 of 9
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
Paul Bellum, owner of Rutabegorz, thanked the City for the open parking and
outdoor patio dining during the COVID pandemic. He was in support of the item.
7:43 p.m. Closed the public hearing.
Mason Mason's final comments generally included: COVID had a massive impact on local
businesses and she thanked staff and the City for acting so quickly to support
Tustin's businesses; she hopes the innovation continues for the businesses; there
are different needs that need to be acknowledged (i.e. Alfio Rossetti's previous
comments); the City needs to look for long-term solutions; and she was in support
of moving the item forward to the City Council.
Chu Chu's final comments generally included: she thanked the audience in attendance
at the meeting; she liked the City's criteria for outdoor dining was simple to follow;
glad the outdoor dining option is being looked at as a permanent solution; she was
in support of the item; and Chu made favorable comments to Maldonado for the
very detailed report.
Mello Mello concurred with his fellow Commissioners. Great points brought up from the
public. He was also in support of the item.
Motion: It was moved by Mason, seconded by Chu, to adopt Resolution No. 4454, as
presented. Motion carried: 3-0-2. Chair Pro Tem Kozak and Commissioner Higuchi
both had excused absences.
Adopted 4. DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN AMENDMENT
Reso. No. (SPA) 2022-0001
4453
APPLICANT:
SITE ADDRESS:
14042 NEWPORT AVE
14002 NEWPORT AVE
1122 EL CAMINO REAL
KWANG
CITY OF TUSTIN
300 CENTENNIAL WAY
TUSTIN, CA 92780
PROPERTY OWNERS:
KIM MICHAEL
3701 WILSHIRE BLVD UNIT 820
LOS ANGELES, CA 90010
FEAST FOODS LLC
41760 IVY ST UNIT 201
MURRIETA, CA 92562
YOON IN SIK AND YOON ANGELA
13046 DESTINO LN
CERRITOS, CA 90703
Minutes — Planning Commission July 12, 2022 — Page 5 of 9
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
1142 EL CAMINO REAL JC VETERINARY SERVICES INC
1142 EL CAMINO REAL
TUSTIN, CA 92780
AP N: 532-064-05 AND
532-074-02 STATE OF CALIFORNIA
2501 PULLMAN ST
SANTA ANA, CA 92705
LOCATION:
Development Area 6-C (DA -6C) of the Downtown Commercial Core Specific
Plan (see site addresses above).
ENVIRONMENTAL:
The proposed Specific Plan Amendment (SPA) 2022-0001 is not subject to
the California Environmental Quality Act ("CEQA"; Cal. Pub. Resources
Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State
CEQA Guidelines (Cal. Code of Regs., title 14, Section 15000 et seq.)
because it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment.
REQUEST:
A request to amend the Downtown Commercial Core Specific Plan (DCCSP;
SP -12) to list "live/work units" as an allowable residential use in DA -6C
subarea.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4453, recommending
that the City Council adopt Ordinance No. 1525 approving SPA 2022-0001
to amend the Downtown Commercial Core Specific Plan (DCCSP; SP -12)
to list "live/work units" as an allowable residential use in Development Area
6C (DA -6C) subarea.
Carver Presentation given.
Chu Chu asked staff to explain the differentiation between mixed-use and the live/work
uses.
Carver In addition to the presentation provided, Carver provided a more detailed description
of mixed -uses and live/work uses. Prospect Village is a vertical mixed-use (vertical:
commercial use on the first floor and residential use on the second floor. Horizontal:
Minutes — Planning Commission July 12, 2022 — Page 6 of 9
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
Carver residential units on one (1) part of a parcel —commercial use on another part of the
same parcel).
Willkom Willkom added that currently there are no horizontal mixed -uses in Tustin. She
mentioned Bella Terra in Huntington Beach as an example of horizontal mixed-use
where the commercial use is located separately from the residential (along the
intersections are all commercial use and behind it are residential uses). As for the
vertical mixed-use, Willkom explained it can be in a setting where commercial use
is on the ground floor and is completely separate from the residential use (i.e. The
Hill mixed-use development on Red Hill Avenue). The difference between the
vertical mixed-use and the live/work units are: live/work units do not have a separate
entrance or separate parking between the commercial use and residential use (i.e.
residents live within that unit and may use the ground floor for a small business or
coffee shop). The live/work units would be all -in -one.
Mello Mello asked if live/work use is not a subset of mixed-use and if it is considered to
be a more intense or less intense land use. He thought SB 330 did not allow the
City to use a less intense use and if so, asked if the City would be in violation of SB
330. Mello referred to the RHNA allocations and asked how SB 330 would apply to
RHNA and if SB 330 would impact the number of moderate units in the DCCSP.
Willkom In response to Mello's questions, Willkom stated that live/work use is a subset of
mixed-use and it is a less intense land use compared to the vertical mixed-use. As
she stated previously, live/work use operates as a single unit where vertical mixed-
use operates as separate commercial from the residential units. Vertical mixed-use
would typically be restaurants, gym, dry cleaner, etc. and these would be completely
separate from the residential units above it. With the live/work use, a person lives
in the unit and operates a business as well. Willkom explained that SB 330 identifies
that the City should not re -zone the property to allow lesser density. The SPA does
not change the density. The live/work use may be a less intense use, but the density
remains the same. With regards to the site, it is irregular in shape, adjacent to the
freeway and is a difficult site to design and develop. The purpose of the SPA is to
create another layer of flexibility by allowing live/work units and the City is hoping
with this amendment, the site can be designed with many of the flexibilities that the
SPA would offer.
8:10 p.m. Opened/Closed the public hearing.
Mason Mason's final comments generally included: favorable comments regarding the due
diligence staff has done with the SPA; she thanked Carver for the presentation; the
City is in line with SB 330; another unique opportunity to place housing on a blighted
piece of land; can potentially bring life to the land and bring in developers; and she
was in support of the item.
Chu Chu's final comments generally included: very creative idea to attract more
developers to this vacant lot for possible housing and small businesses. She was
also in support of the item.
Minutes — Planning Commission July 12, 2022 — Page 7 of 9
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
Mello Mello stated that this is the type of change Tustin needs. Great way to facilitate and
capture development dollars. He was also in support the recommendation to the
City Council.
Chu It was moved by Chu, seconded by Mello, to adopt Resolution No. 4453, as
presented. Motion carried 3-0-2.
REGULAR BUSINESS:
Received & 5. SUMMARY OF PROJECTS
filed.
The Summary of Projects provides a high-level overview of projects and
activities processed through the Community Development and Public Works
Departments. The report focuses on the status of projects that the Planning
Commission, City Council, Zoning Administrator, or staff approved; historic
preservation projects; Code Enforcement activities; major construction and
improvement projects; and, other items of interest.
Maldonado Presentation given.
Chu Chu's questions/comments generally included: graffiti issue — she recommended
the City install a solar power stand-alone security camera system, which is widely
used in the construction industry; she suggested spending City funds in security
cameras versus graffiti removal; and she thanked Maldonado for his presentation.
Mello Mello's questions/comments generally included: he was happy to see the renovated
Jack -In -The -Box on Newport Avenue; Housing Element (HE) - the State's possible
extension to 2025; and if the City can get the HE approved by October 15, 2022.
Huitron In response to Mello's previous question, Huitron stated that the City is on track for
review of the HE and hoping that it will be certified by October 15, 2022. Staff is
tentatively planning to bring the revised HE to the Commission on September 13,
2022 with a potential City Council date of October 4, 2022. Staff has completed live
editing sessions with the State's HCD (Housing and Community Development) staff
where staff demonstrated the edits made in response to HCD's findings.
Tentatively, HCD has provided positive feedback; however, their formal review is
not conducted until they actually receive the document. There is an assembly bill
that requires staff to post the revisions to the HE for seven (7) days on the City's
dedicated HE website, which will be posted on July 13, 2022. The notice of the
revisions will be sent, via email, to all interested parties and will then be available
for review. Formal documents will be submitted to HCD the following week.
Motion: Received and filed.
Minutes — Planning Commission July 12, 2022 — Page 8 of 9
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
STAFF CONCERNS:
Willkom Willkom informed the Commission of Barragan's permanent position with the City
as Principal Planner. Congratulations Raymond!
COMMISSION CONCERNS:
Chu Chu thanked the City for the goodie bag received with the new City branding items.
Mason Mason commended Maldonado for his thorough presentation and the level of detail
he provided was very helpful. She also made a shout out to the new Tustin Costco
gas station. Reminder to everyone to attend Wednesdays Concerts in the Park.
Mello Mello commended staff on the Commission packet. He is seeing traction in the
City, thanks to everyone's effort! Congratulations to Barragan!
8:36 p.m. ADJOURNMENT:
The next regular meeting of the Planning Commission is scheduled for Tuesday,
July 26, 2022. Asa,, ...i
Minutes — Planning Commission July 12, 2022 — Page 9 of 9
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
ATTACHMENT C
REDLINED AMENDMENT
TO
TCC 9277
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
9277 OUTDOOR RESTAURANT SEATING AND DINING AREAS
Purpose
The regulations and requirements of this d+v+sien Section are intended to provide for the proper location and
minimum standards for outdoor restaurant seating areas at permanent Outdoor Dining Areas and Outdoor Seating
areas for restaurants in the commercial areas of the City of Tustin. It shall be unlawful for any person to establish
an e1 tdeer re-stauraRt tiRg area Outdoor Dining Area or Outdoor Seating Area at any site unless approval has
been obtained, as applicable, consistent with this Cep^^^ Section.
^^Definitions
seating area for the purpose of serving food or beverages to customers, without the prier written approval of the
Director of Community Development. Said approval shall be iR additiOR to any otheF license or permit Fequired by
California La r the Tustin City Code.
ARY person er eRtity lawfully operating a restai-want yiith -;;R outdoor restauraRt seatiRg area prier te thle
P-ffp-t-#i�ie R -f this erd-ipaRee [OFd. NE). 13:731 shall net be beund by the *eHms; -4 thiS seetion, uRless idse R -f the
E)FdeF ef a eouFt ef law fep a peried ef twelve (12) MORthS er meFe, at which tome aRY subsequeRt eStRhIi-;hMPAt AF
reestalalmshment of an outdoor restaurant seating area at the locatien shall conform te the provisions of this
cel
For the purposes of this Section, the following definitions shall apply:
"Outdoor Dinine Area" means an outdoor area that has been improved as a separately identifiab
designated space for the outdoor seating, service, and/or consumption of meals and beverages in
conjunction with a restaurant located directly adjacent to or in close proximity of the outdoor area,
excluding outdoor dining areas located within a park, golf course, recreation center, senior center or
other public or quasi -public use, as may be determined by the Community Development Director. Typical
improvements include a defined perimeter via landscape planters, decorative barriers, or fencing; decking
or other decorative flooring that separates the dining area floor from the ground; and outdoor furnishings
such as shade structures, tables, and chairs.
"Outdoor Seating Area" means an outdoor area directly adjacent to or in close proximity of a restaurant
where non -fixed tables and chairs are provided for restaurant patrons to sit and/or consume meals
and/or nonalcoholic beverages. An Outdoor Seating Area is differentiated from an Outdoor Dining Area by
the portable nature of outdoor furnishings and a lack of physical barriers or improvements.
Eligibility Applicability
Page 1 of 8
DocuSign Envelope ID: E82E5848-CC4F-48C5-8836-73A2C882ED6C
GW. MY
No person or entity shall operate a restaurant or take-out restaurant which provides an Outdoor Dining Area
or Outdoor Seating Area for the purpose of serving food or beverages to customers without meeting the
requirements of this Section and receiving prior written approval of the Community Development Director or
designee, as applicable. Said approval shall be in addition to any other license or permit required by
California Law or the Tustin City Code. Outdoor Dining Areas or Outdoor Seating Areas proposing to operate
within the public right-of-way must obtain a License Agreement from the City of Tustin as described in
subsection f. Outdoor Dining Areas proposing to serve alcoholic beverages shall obtain approval for a
Conditional Use Permit pursuant to Section 9271dd, as may be required by the subject property's zoning
desienation. and an aoolicable license from the California State Department of Alcoholic Beveraee Control.
LE)Gatie+R Outdoor Seating Areas
Outdoor Seating Areas established as an accessory use to a food service establishment such as a caf6, bakery, or
restaurant are subject to the requirements below and the Outdoor Seating and Dining Area Design Guidelines as
may be promulgated by the Community Development Department, and as the same may be amended. The
Page 2 of 8
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Community Development Director may waive, modify, or impose additional operational conditions deemed
necessary and appropriate provided that the waiver, modification, and/or additional conditions achieve the
purpose and intent of this Section.
(1) Operational Requirements
(a) Restaurants may have non -fixed tables and furnishings (seats, benches, umbrellas) directly adjacent
to or in close proximity of the restaurant.
(b) Furnishings may be set out as early as thirty (30) minutes before opening and must be removed no
later than thirty (30) minutes after closing of the business.
(c) Operation of an Outdoor Seating Area shall be permitted only at such times as the main place of
business is open, and in no event before 6:00 a.m. and after 11:00 p.m., except when the Outdoor
Seating Area abuts in whole or in part a residentially used or zoned property, in which case the hours
Of operation for the Outdoor Seatine Area shall be limited to no earlier than 7:00 a.m. and no later
than 10:00 p.m.
(d) All Outdoor Seating Areas shall comply with the City's Noise Ordinance.
(e) All required pedestrian pathways, emergency access/exits, and fire lanes must be maintained in
compliance with applicable ADA, Orange County Fire Authority, and City requirements.
(f) No furnishings may be placed in any required parking or landscape area.
(g) No furnishings may be placed or encroach within the public right-of-way without first obtaining
appropriate approvals from the Public Works and Community Development Departments and
meeting the requirements of Section f.
(h) No advertising, signage, or identification of any kind is permitted on outdoor furnishings (including
shade structures).
(i) An Outdoor Seating Area provided in compliance with these requirements will not be counted as
floor area used to determine the restaurant's parking requirement.
(j) Furnishings must be maintained and cleaned regularly with no ripped, faded, or otherwise damaged
materials. Any unmaintained furnishing shall be repaired or replaced immediately. The restaurant
manager or business owner is responsible for maintaining the Outdoor Seating Area free of trash,
litter, and food debris.
ReqUiFemeRtS Outdoor Dining Areas
Page 3 of 8
DocuSign Envelope ID: E82E5848-CC4F-48C5-8836-73A2C882ED6C
The establishment of a new Outdoor Dining Area, or the expansion or substantial modification of an existing
Outdoor Dining Area, shall be subject to the City's Design Review process in accordance with Section 9272.
Approval for an Outdoor Dining Area shall be granted only to the operator of a restaurant which is in conformance
with the Zoning Code and which holds a valid City Business License. Written concurrence of the property owner
shall also be required. The Community Development Director may waive, modify, or impose additional conditions
deemed necessary and appropriate provided that the waiver, modification, and/or additional conditions achieve
the purpose and intent of this Section.
When a restaurant is proposed to replace a restaurant where an Outdoor Dining Area had previously been
approved pursuant to this Section, the new restaurant owner or operator may continue to utilize the existing
Outdoor Dining Area without obtaining separate written approval, so long as such owner or operator submits an
Agreement to Conditions Imposed to the City to comply with the requirements of this Section and all conditions of
the prior written approval, on a form provided by the Director of Community Development, executed by the new
restaurant owner and the property owner. Notwithstanding the foregoing, if any portion of the existing Outdoor
Page 4 of 8
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Dining Area is located within a City property, a public sidewalk or other public right-of-way, the new restaurant
owner or operator shall enter into a new License Agreement with the City and comply with the provisions of
subsection f.
All proposals shall be accompanied by a complete application for Design Review on a form provided by the
Community Development Director and shall include the following:
(a) A detailed drawing to scale of the proposed site indicating the following: the existing facade, the
points of ingress and egress, the proposed location of the tables, chairs, serving equipment, planters,
borders, awnings, umbrellas, border enclosures, or other facilities to be included in the Outdoor
Dining Area. If the Outdoor Dining Area is proposed to be located on City property, a public sidewalk
or other public right-of-way, the drawings must also include the location of existing public
improvements including fire hydrants, street signs, street lights, traffic signals, bus shelters, mail
boxes, trees and tree grates, parking meters, planting boxes or planting areas, fire escapes or other
overhead obstructions, and any other public obstruction. Photographs and/or brochures depicting
the chairs, tables, umbrellas and other private features including lighting shall be included with the
site plan.
(b) A narrative description of the proposal, including the proposed hours of operation, and any additional
information as may be deemed necessary by the Community Development Director.
(c) The fee as may be established by Resolution of the Tustin City Council.
(2) Location and Design Requirements
(a) An Outdoor Dining Area shall meet the following locational and design criteria, and the Outdoor
Seating and Dining Areas Design Guidelines:
(1) The Outdoor Dining Area may only be established abutting or adjacent to the primary restaurant
business with which the outdoor dining area is associated.
(2) An Outdoor Dining Area shall not be located on City property, a public sidewalk or other public
richt-of-wav unless a valid license to do so has been obtained from the Tustin Public Works
Department and subject to the regulations established in Section f.
(3) The Outdoor Dining Area shall not occupy or interfere with the use of required parking spaces
and drive aisles, unless approved otherwise.
(4) The Outdoor Dining Area shall not obstruct any fire exit, fire escape, or other required ingress or
egress to any structure or property.
(5) The Outdoor Dining Area shall be compatible with the design of the building establishment and
maintain proper visibility and access to the establishment.
(6) The Outdoor Dining Area shall not be located so as to interfere with ADA and pedestrian access,
bike or vehicle traffic, or that creates a threat to public safety as determined by Community
Development Director, Public Works Director, Police Chief or the Orange County Fire Authority.
(7) The Outdoor Dining Area floor shall be composed of decking, raised foundation, or other
materials that differentiate the dining area from the surrounding area.
(8) The Outdoor Dining Area shall be enclosed by permanent improvements such as landscape
planters, fencing, decks, and/or other decorative barriers that physically separate and/or define
the dining area from other open or public spaces. Barriers within the public right-of-way shall be
removable upon request by the City. The enclosure shall be a minimum of three (3) feet tall, or
higher as required by Alcohol Beverage Control as applicable.
Page 5 of 8
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
(b) No additional parking required when the Outdoor Dining Area contains no more than fifteen (15)
seats, or is no larger than fifty (50) percent of the restaurant's interior seating area.
(c) For restaurants located within commercial centers designated as "Large Retail Centers" (30,000
square feet or more), up to three (3) legal parking spaces adjacent to the restaurant can be used as
part of an Outdoor Dining Area without needing to be replaced to comply with parking requirements.
(d) A reduction in the number of required parking spaces to accommodate an Outdoor Dining Area can
be obtained with the aDDroval of a Conditional Use Permit by the Zoning Administrator, Dursuant to
Section 9264a (Joint Use of Parking Areas).
(3) Operational Requirements
City approval and continued enjoyment of the Outdoor Dining Area shall be subject to the following conditions:
(a) The Outdoor Dining Area should be compatible in color and style with the exterior of the building.
The use of compatible awnings, umbrellas, plants, and other human scale elements is encouraged to
enhance the pedestrian experience.
(b) The applicant shall comply with all applicable federal, state, county and city laws and regulations, and
operation of the outdoor restaurant seating area shall not be detrimental to the health, safety, or
welfare of persons residing or working in the vicinity.
(c) No outdoor keeping or storage of food or beverages to be served shall be permitted. No open
keeping or storage of used dishes, utensils or food scraps shall be permitted. Self-closing, outdoor
trash containers shall be provided to the satisfaction of the Community Development Department. All
outdoor restaurant seating areas shall be cleaned on a continual daily basis.
(d) Furnishings must be maintained and cleaned regularly with no ripped, faded, or otherwise damaged
materials. Any unmaintained furnishing shall be repaired or replaced immediately. The restaurant
manager or business owner is responsible for maintainine the outdoor seating area free of trash.
litter, and food debris.
(e) Operation of an Outdoor Dining Area shall be permitted only at such times as the main place of
business is open, and in no event before 6:00 a.m. and after 11:00 p.m., except when the outdoor
dining area abuts in whole or in part a residentially used or zoned property, in which case the hours
of operation shall be limited to no earlier than 7:00 a.m. and no later than 10:00 p.m.
(f) An Outdoor Dining Area may have a menu board that does not exceed six (6) square feet in area.
(g) The sale and consumption of alcoholic beverages in the Outdoor Dining Area shall be restricted by
and subject to any required State Alcoholic Beverage Control or other applicable license or permit
governing the restaurant. Any outdoor dining area where alcoholic beverages are sold or consumed
shall be confined by a border, fence, and/or planters and shall be supervised at all times by an
emDlovee of the restaurant. No alcoholic beverages may be removed from the Outdoor Dining Area
except to the interior of the restaurant.
(h) The Outdoor Dining Area shall comply with all applicable federal, state, county and city laws and
regulations concerning accessibilitv and nondiscrimination in the arovision of services.
(i) All Outdoor Dining Areas shall comply with the City's Noise Ordinance.
Page 6 of 8
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
(j) Live entertainment or amplified music within the Outdoor Dining Area during allowed operational
hours shall be accomplished in such a fashion so as to comply with the Tustin City Code and City's
Noise Ordinance.
(k) Lighting shall be provided to illuminate the Outdoor Dining Area.
(1) Violation of any of the requirements set forth in this Section, or any other conditions placed on
approval of an Outdoor Dining Area by the City of Tustin, shall constitute a violation of the Tustin City
Code, subject to enforcement in any manner authorized by the Code. In addition, the Community
Development Director is hereby authorized to suspend or revoke any prior approval of an Outdoor
Dining Area upon continuous or repetitive violation of such requirements or conditions.
Additional Requirements for Outdoor RestaWaRt Seating Areas and Outdoor Dining Areas Located Within
City Property, a Public Sidewalk, or the Public Right -of -Way
Notwithstanding any other provision of this Code, all or a portion of an
Outdoor Seating Area or Outdoor Dining Area that satisfies the requirements of
this Section, may be located within City property, a city public sidewalk or etheFpublic right-of-way where the
Director of Public Works determines, in his or her discretion, that the use is compatible with the intended use of
the City property, a -Qty ! bl sidewalk or other public right-of-way, subject to the following conditions:
(1) A revocable License Agreement shall be obtained from the City of Tustin for any portion of an eetdeer
Festa lFaRt seating aFea Outdoor Dining Area or Outdoor Seating Area located on City property, a-C#y
public sidewalk or other public right-of-way. The License Agreement shall be subject to termination by
the City at any time upon a ten (10) day prior written notice upon determination of the DiFeeteF E)
Community Development Director and/or Director of Public Works that one (1) or more of the
conditions or provisions of this Section have been violated, or that one (1) or more factors listed in this
Section have changed, or the permitted use is no longer compatible with the intended use of the City
property, any -public sidewalk or other public right-of-way. No prior written notice shall be required
to terminate the License Agreement where the Oi"^�e# Community Development Director and/or
Director of Public Works determines, in his or her discretion, that the continued use of the City
property, a-C#y public sidewalk or other public right-of-way for the eutdoeF seatiRg aFea Outdoor
Seating Area or Outdoor Dining Area poses an imminent threat to health or safety.
(2) The use of public sidewalks or right-of-way for an Outdoor Seating
Area or Outdoor Dining Area s4a4 may be permitted only when associated with the operation of a
licensed establishment such as a cafe, bakery, restaurant or take-out restaurant operating on property
located adjacent to or in close proximity of said right-of-way.
(3) The restaurant operator or property owner shall provide to the City of Tustin, in a form acceptable to
the City Attorney, the following:
(a) An agreement to indemnify, defend, and hold harmless the City of Tustin and the Tustin
Gemmunity RedevelopmentgeRr=,•, as applicable, for any and all claims for liability or damages�
arising from the operation of the e +d'^^F r^r.*^, ant seating aFea Outdoor Seating Area and/or
Outdoor Dining Area; and,
(b) Insurance certificates and endorsements evidencing general liability insurance, workers
compensation insurance, and such other insurance, in such amounts and forms as may be
required by the City of Tustin Risk Manager.
(4) In no event shall the placement of furnishings for or the operation
of the OUtdOOF Festaurant seating aFea Outdoor Seating Area or Outdoor Dining Area interfere with the
passage of pedestrian or vehicular traffic, or reduce access to the public sidewalk to less than four (4)
Page 7 of 8
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
feet clear of all obstructions, measured from the edge of the sidewalk closest to the curb (or
lampposts, utility boxes, etc., where such exist).
(5) In no event shall the placement of furnishings for the ^-i-Ad-e-^-Ir restaurant seating aFea or the operation
of the ^ *^'^^• reSA-auFant seating ^F^^ Outdoor Seating Area or Outdoor Dining Area obstruct access to
any bus stop, crosswalk, mailbox, curb cut, parking space or any other public property, or obstruct
access to any fire hydrant, fire escape or fire door, or obstruct the clear view of any traffic signal,
regulatory sign or street sign.
(6) The restaurant owner and/or operator shall be responsible for the maintenance and upkeep of the City
property, a-C#y aq§jjc sidewalk or other public right-of-way used for the
area Outdoor Seating Area or Outdoor Dining Area and the replacement of damaged public property,
including brick pavers.
(7)
Furniture and furnishings used for Outdoor Seating Areas may not be attached by any means to the
City property, a public sidewalk or other public right-of-way. When notified by the City of Tustin to
do so, the restaurant shall remove all furnishings and obstructions from the public sidewalk or right-of-
way to accommodate special events or to accommodate the repair or maintenance of City property,
sidewalk, or public right-of-way.
(8) The Outdoor Dining Area shall be confined by portable/removable improvements such as landscape
planters, removable fencing and/or other decorative barriers that physically separate and/or define the
dining area from other open or public spaces. The enclosure shall be a minimum of three (3) feet tall,
or as required by Alcohol Beverage Control as applicable.
¢�4L91Granting of a License by the City pursuant to this subsection section f shall be subject to payment of
such fees or compliance with such additional conditions as may be required by the City Council.
g Appeals
Areal The appeal of any action or decision of the DiFeGtOF of Community Development Director to grant,
deny, revoke, or suspend approval for an ^*-WAAr rp4a rant seating area Outdoor Dining Area pursuant to this
Section may be made by any interested party in the same manner and subject to the same procedures as an
appeal of action of the Community Development Director or Zoning Administrator pursuant to Section 9299 9294.
Page 8 of 8
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
ATTACHMENT D
ORDINANCE NO. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
ORDINANCE NO. 1526
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTION 9277 OF
CHAPTER 2 OF ARTICLE 9 (LAND USE) OF THE TUSTIN
CITY CODE (CODE AMENDMENT 2022-0003) TO
STREAMLINE THE PROCESS AND REQUIREMENTS FOR
RESTAURANTS TO ESTABLISH OUTDOOR DINING
AREAS AND OUTDOOR SEATING AREAS.
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. That Chapter 2 of Article 9 of the Tustin City Code (TCC) establishes allowable
uses, definitions, and development standards of properties within all zoning
districts in the City.
B. That the proposed Code Amendment (CA) 2022-0003 is an update to TCC Section
9277, the City's outdoor dining regulations. The intent of this amendment is to
increase restaurants' ability to provide outdoor dining and seating areas while
maintaining an attractive design and protecting the public interest.
C. That on July 12, 2022, a public hearing was duly noticed, called, and held by the
Planning Commission on CA 2022-0003 relating to outdoor dining.
D. That on August 16, 2022, a public hearing was duly noticed, called, and held on
CA 2022-0003 by the City Council.
E. That the code amendments are reasonable and serve the purpose of responding
to changes in resident and business owner preferences related to outdoor dining
in light of the global COVID-19 pandemic.
F. That the proposed amendments comply with the Tustin General Plan in that they
comply with the following goal and policy:
Land Use Element Goal 6: Improve urban design in Tustin to ensure
development that is both architecturally and functionally compatible, and to
create uniquely identifiable neighborhoods, commercial and business park
districts.
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No. 1526
Page 2
Policy 6.2: Encourage and promote high quality design and physical
appearance in all development projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 2. Section 9277 of Chapter 2 of Article 9 of the TCC is hereby amended in its
entirety to read as follows:
9277 OUTDOOR RESTAURANT SEATING AND DINING AREAS
a) Purpose
The regulations and requirements of this Section are intended to provide for the
proper location and minimum standards for permanent Outdoor Dining Areas and
Outdoor Seating areas for restaurants in the commercial areas of the City of Tustin. It
shall be unlawful for any person to establish an Outdoor Dining Area or Outdoor Seating
Area at any site unless approval has been obtained, as applicable, consistent with this
Section.
b) Definitions
For the purposes of this Section, the following definitions shall apply:
"Outdoor Dining Area" means an outdoor area that has been improved as a
separately identifiable, designated space for the outdoor seating, service, and/or
consumption of meals and beverages in conjunction with a restaurant located
directly adjacent to or in close proximity of the outdoor area, excluding outdoor
dining areas located within a park, golf course, recreation center, senior center or
other public or quasi -public use, as may be determined by the Community
Development Director. Typical improvements include a defined perimeter via
landscape planters, decorative barriers, or fencing; decking or other decorative
flooring that separates the dining area floor from the ground; and outdoor
furnishings such as shade structures, tables, and chairs.
"Outdoor Seating Area" means an outdoor area directly adjacent to or in close
proximity of a restaurant where non -fixed tables and chairs are provided for
restaurant patrons to sit and/or consume meals and/or nonalcoholic beverages.
An Outdoor Seating Area is differentiated from an Outdoor Dining Area by the
portable nature of outdoor furnishings and a lack of physical barriers or
improvements.
c) Applicability
No person or entity shall operate a restaurant or take-out restaurant which provides
an Outdoor Dining Area or Outdoor Seating Area for the purpose of serving food or
beverages to customers without meeting the requirements of this Section and receiving
prior written approval of the Community Development Director or designee, as applicable.
Said approval shall be in addition to any other license or permit required by California
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No. 1526
Page 3
Law or the TCC. Outdoor Dining Areas or Outdoor Seating Areas proposing to operate
within the public right-of-way must obtain a License Agreement from the City of Tustin as
described in subsection f. Outdoor Dining Areas proposing to serve alcoholic beverages
shall obtain approval for a Conditional Use Permit pursuant to Section 9271 dd, as may
be required by the subject property's zoning designation, and an applicable license from
the California State Department of Alcoholic Beverage Control.
d) Outdoor Seating Areas
Outdoor Seating Areas established as an accessory use to a food service
establishment such as a caf6, bakery, or restaurant are subject to the requirements below
and the Outdoor Seating and Dining Area Design Guidelines as may be promulgated by
the Community Development Department, and as the same may be amended. The
Community Development Director may waive, modify, or impose additional operational
conditions deemed necessary and appropriate provided that the waiver, modification,
and/or additional conditions achieve the purpose and intent of this Section.
(1) Operational Requirements
(a) Restaurants may have non -fixed tables and furnishings (seats, benches,
umbrellas) directly adjacent to or in close proximity of the restaurant.
(b) Furnishings may be set out as early as thirty (30) minutes before opening and
must be removed no later than thirty (30) minutes after closing of the business.
(c) Operation of an Outdoor Seating Area shall be permitted only at such times as
the main place of business is open, and in no event before 6:00 a.m. and after
11:00 p.m., except when the Outdoor Seating Area abuts in whole or in part a
residentially used or zoned property, in which case the hours of operation for
the Outdoor Seating Area shall be limited to no earlier than 7:00 a.m. and no
later than 10:00 p.m.
(d) All Outdoor Seating Areas shall comply with the City's Noise Ordinance.
(e) All required pedestrian pathways, emergency access/exits, and fire lanes must
be maintained in compliance with applicable ADA, Orange County Fire
Authority, and City requirements.
(f) No furnishings may be placed in any required parking or landscape area.
(g) No furnishings may be placed or encroach within the public right-of-way without
first obtaining appropriate approvals from the Public Works and Community
Development Departments and meeting the requirements of Section f.
(h) No advertising, signage, or identification of any kind is permitted on outdoor
furnishings (including shade structures).
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
Ordinance No.1526
Page 4
(i) An Outdoor Seating Area provided in compliance with these requirements will
not be counted as floor area used to determine the restaurant's parking
requirement.
(j) Furnishings must be maintained and cleaned regularly with no ripped, faded,
or otherwise damaged materials. Any unmaintained furnishing shall be repaired
or replaced immediately. The restaurant manager or business owner is
responsible for maintaining the Outdoor Seating Area free of trash, litter, and
food debris.
e) Outdoor Dining Areas
(1) Review Procedure and Submittal Requirements
The establishment of a new Outdoor Dining Area, or the expansion or substantial
modification of an existing Outdoor Dining Area, shall be subject to the City's Design
Review process in accordance with Section 9272. Approval for an Outdoor Dining Area
shall be granted only to the operator of a restaurant which is in conformance with the
Zoning Code and which holds a valid City Business License. Written concurrence of the
property owner shall also be required. The Community Development Director may waive,
modify, or impose additional conditions deemed necessary and appropriate provided that
the waiver, modification, and/or additional conditions achieve the purpose and intent of
this Section.
When a restaurant is proposed to replace a restaurant where an Outdoor Dining Area
had previously been approved pursuant to this Section, the new restaurant owner or
operator may continue to utilize the existing Outdoor Dining Area without obtaining
separate written approval, so long as such owner or operator submits an Agreement to
Conditions Imposed to the City to comply with the requirements of this Section and all
conditions of the prior written approval, on a form provided by the Community
Development Director, executed by the new restaurant owner and the property owner.
Notwithstanding the foregoing, if any portion of the existing Outdoor Dining Area is located
within a City property, a public sidewalk or other public right-of-way, the new restaurant
owner or operator shall enter into a new License Agreement with the City and comply with
the provisions of subsection f.
All proposals shall be accompanied by a complete application for Design Review on a
form provided by the Community Development Director and shall include the following:
(a) A detailed drawing to scale of the proposed site indicating the following: the
existing facade, the points of ingress and egress, the proposed location of the
tables, chairs, serving equipment, planters, borders, awnings, umbrellas,
border enclosures, or other facilities to be included in the Outdoor Dining Area.
If the Outdoor Dining Area is proposed to be located on City property, a public
sidewalk or other public right-of-way, the drawings must also include the
location of existing public improvements including fire hydrants, street signs,
street lights, traffic signals, bus shelters, mail boxes, trees and tree grates,
parking meters, planting boxes or planting areas, fire escapes or other
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No. 1526
Page 5
overhead obstructions, and any other public obstruction. Photographs and/or
brochures depicting the chairs, tables, umbrellas and other private features
including lighting shall be included with the site plan.
(b) A narrative description of the proposal, including the proposed hours of
operation, and any additional information as may be deemed necessary by the
Community Development Director.
(c) The fee as may be established by Resolution of the Tustin City Council.
(2) Location and Design Requirements
(a) An Outdoor Dining Area shall meet the following locational and design criteria,
and the Outdoor Seating and Dining Areas Design Guidelines:
(1) The Outdoor Dining Area may only be established abutting or adjacent to
the primary restaurant business with which the outdoor dining area is
associated.
(2) An Outdoor Dining Area shall not be located on City property, a public
sidewalk or other public right-of-way unless a valid License to do so has
been obtained from the Tustin Public Works Department and subject to the
regulations established in Section f.
(3) The Outdoor Dining Area shall not occupy or interfere with the use of
required parking spaces and drive aisles, unless approved otherwise.
(4) The Outdoor Dining Area shall not obstruct any fire exit, fire escape, or other
required ingress or egress to any structure or property.
(5) The Outdoor Dining Area shall be compatible with the design of the building
establishment and maintain proper visibility and access to the
establishment.
(6) The Outdoor Dining Area shall not be located so as to interfere with ADA
and pedestrian access, bike or vehicle traffic, or that creates a threat to
public safety as determined by Community Development Director, Public
Works Director, Police Chief or the Orange County Fire Authority.
(7) The Outdoor Dining Area floor shall be composed of decking, raised
foundation, or other materials that differentiate the dining area from the
surrounding area.
(8) The Outdoor Dining Area shall be enclosed by permanent improvements
such as landscape planters, fencing, decks, and/or other decorative barriers
that physically separate and/or define the dining area from other open or
public spaces. Barriers within the public right-of-way shall be removable
upon request by the City. The enclosure shall be a minimum of three (3)
feet tall, or higher as required by California State Department of Alcoholic
Beverage Control as applicable.
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
Ordinance No.1526
Page 6
(b) No additional parking required when the Outdoor Dining Area contains no more
than fifteen (15) seats, or is no larger than fifty (50) percent of the restaurant's
interior seating area.
(c) For restaurants located within commercial centers designated as "Large Retail
Centers" (30,000 square feet or more), up to three (3) legal parking spaces
adjacent to the restaurant can be used as part of an Outdoor Dining Area
without needing to be replaced to comply with parking requirements.
(d) A reduction in the number of required parking spaces to accommodate an
Outdoor Dining Area can be obtained with the approval of a Conditional Use
Permit by the Zoning Administrator, pursuant to Section 9264a (Joint Use of
Parking Areas).
(3) Operational Requirements
City approval and continued enjoyment of the Outdoor Dining Area shall be subject to the
following conditions:
(a) The Outdoor Dining Area should be compatible in color and style with the
exterior of the building. The use of compatible awnings, umbrellas, plants, and
other human scale elements is encouraged to enhance the pedestrian
experience.
(b) The applicant shall comply with all applicable federal, state, county and city
laws and regulations, and operation of the outdoor restaurant seating area shall
not be detrimental to the health, safety, or welfare of persons residing or
working in the vicinity.
(c) No outdoor keeping or storage of food or beverages to be served shall be
permitted. No open keeping or storage of used dishes, utensils or food scraps
shall be permitted. Self-closing, outdoor trash containers shall be provided to
the satisfaction of the Community Development Department. All outdoor
restaurant seating areas shall be cleaned on a continual daily basis.
(d) Furnishings must be maintained and cleaned regularly with no ripped, faded,
or otherwise damaged materials. Any unmaintained furnishing shall be repaired
or replaced immediately. The restaurant manager or business owner is
responsible for maintaining the outdoor seating area free of trash, litter, and
food debris.
(e) Operation of an Outdoor Dining Area shall be permitted only at such times as
the main place of business is open, and in no event before 6:00 a.m. and after
11:00 p.m., except when the outdoor dining area abuts in whole or in part a
residentially used or zoned property, in which case the hours of operation shall
be limited to no earlier than 7:00 a.m. and no later than 10:00 p.m.
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No. 1526
Page 7
(f) An Outdoor Dining Area may have a menu board that does not exceed six (6)
square feet in area.
(g) The sale and consumption of alcoholic beverages in the Outdoor Dining Area
shall be restricted by and subject to any required California State Department
of Alcoholic Beverage Control or other applicable license or permit governing
the restaurant. Any outdoor dining area where alcoholic beverages are sold or
consumed shall be confined by a border, fence, and/or planters and shall be
supervised at all times by an employee of the restaurant. No alcoholic
beverages may be removed from the Outdoor Dining Area, except to the
interior of the restaurant.
(h) The Outdoor Dining Area shall comply with all applicable federal, state, county
and city laws and regulations concerning accessibility and nondiscrimination in
the provision of services.
(i) All Outdoor Dining Areas shall comply with the City's Noise Ordinance.
Q) Live entertainment or amplified music within the Outdoor Dining Area during
allowed operational hours shall be accomplished in such a fashion so as to
comply with the TCC and City's Noise Ordinance.
(k) Lighting shall be provided to illuminate the Outdoor Dining Area.
(1) Violation of any of the requirements set forth in this Section, or any other
conditions placed on approval of an Outdoor Dining Area by the City of Tustin,
shall constitute a violation of the TCC, subject to enforcement in any manner
authorized by the TCC. In addition, the Community Development Director is
hereby authorized to suspend or revoke any prior approval of an Outdoor
Dining Area upon continuous or repetitive violation of such requirements or
conditions.
f) Additional Requirements for Outdoor Seating Areas and Outdoor Dining
Areas Located Within City Property, a Public Sidewalk, or the Public Right -of -
Way
Notwithstanding any other provision of this Code, all or a portion of an Outdoor
Seating Area or Outdoor Dining Area that satisfies the requirements of this Section, may
be located within City property, a public sidewalk or public right-of-way where the Director
of Public Works determines, in his or her discretion, that the use is compatible with the
intended use of the City property, public sidewalk or other public right-of-way, subject to
the following conditions:
(1) A revocable License Agreement shall be obtained from the City of Tustin for any
portion of an Outdoor Dining Area or Outdoor Seating Area located on City
property, public sidewalk or other public right-of-way. The License Agreement shall
be subject to termination by the City at any time upon a ten (10) day prior written
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No. 1526
Page 8
notice upon determination of the Community Development Director and/or Director
of Public Works that one (1) or more of the conditions or provisions of this Section
have been violated, or that one (1) or more factors listed in this Section have
changed, or the permitted use is no longer compatible with the intended use of the
City property, public sidewalk or other public right-of-way. No prior written notice
shall be required to terminate the License Agreement where the Community
Development Director and/or Director of Public Works determines, in his or her
discretion, that the continued use of the City property, public sidewalk or other
public right-of-way for the Outdoor Seating Area or Outdoor Dining Area poses an
imminent threat to health or safety.
(2) The use of public sidewalks or right-of-way for an Outdoor Seating Area or Outdoor
Dining Area may be permitted only when associated with the operation of a
licensed establishment such as a caf6, bakery, restaurant or take-out restaurant
operating on property located adjacent to or in close proximity of said right-of-way.
(3) The restaurant operator or property owner shall provide to the City of Tustin, in a
form acceptable to the City Attorney, the following:
(a) An agreement to indemnify, defend, and hold harmless the City of Tustin, as
applicable, for any and all claims for liability or damages arising from the
operation of the Outdoor Seating Area and/or Outdoor Dining Area; and,
(b) Insurance certificates and endorsements evidencing general liability insurance,
workers compensation insurance, and such other insurance, in such amounts
and forms as may be required by the City of Tustin Risk Manager.
(4) In no event shall the placement of furnishings for or the operation of the Outdoor
Seating Area or Outdoor Dining Area interfere with the passage of pedestrian or
vehicular traffic, or reduce access to the public sidewalk to less than four (4) feet
clear of all obstructions, measured from the edge of the sidewalk closest to the
curb (or lampposts, utility boxes, etc., where such exist).
(5) In no event shall the placement of furnishings for or the operation of the Outdoor
Seating Area or Outdoor Dining Area obstruct access to any bus stop, crosswalk,
mailbox, curb cut, parking space or any other public property, or obstruct access
to any fire hydrant, fire escape or fire door, or obstruct the clear view of any traffic
signal, regulatory sign or street sign.
(6) The restaurant owner and/or operator shall be responsible for the maintenance
and upkeep of the City property, public sidewalk or other public right-of-way used
for the Outdoor Seating Area or Outdoor Dining Area and the replacement of
damaged public property, including brick pavers.
(7) Furniture and furnishings used for Outdoor Seating Areas_may not be attached by
any means to the City property, public sidewalk or other public right-of-way. When
notified by the City of Tustin to do so, the restaurant shall remove all furnishings
and obstructions from the public sidewalk or right-of-way to accommodate special
events or to accommodate the repair or maintenance of City property, sidewalk, or
public right-of-way.
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
Ordinance No.1526
Page 9
(8) The Outdoor Dining Area shall be confined by portable/removable improvements
such as landscape planters, removable fencing and/or other decorative barriers
that physically separate and/or define the dining area from other open or public
spaces. The enclosure shall be a minimum of three (3) feet tall, or as required by
California State Department of Alcoholic Beverage Control as applicable.
(9) Granting of a License by the City pursuant to this section f shall be subject to
payment of such fees or compliance with such additional conditions as may be
required by the City Council.
g) Appeals
The appeal of any action or decision of the Community Development Director to
grant, deny, revoke, or suspend approval for an Outdoor Dining Area pursuant to this
Section may be made by any interested party in the same manner and subject to the
same procedures as an appeal of action of the Community Development Director or
Zoning Administrator pursuant to Section 9294.
SECTION 3. Section 9263, Table 1: Parking Requirements by Land Use, of Part 6 of
Chapter 2 of Article 9 of the TCC is hereby amended to
read as follows (new text underlined; deleted text in strikeout):
Table 1: Parking Requirements by Land Use
Land Use Type
Parking Spaces Required
Restaurants, cafes,
One (1) space for each 100 sq. ft. of gross floor area, plus a
cafeterias, lounges, or
minimum seven (7) -car stacking space for drive-through, except
similar establishments at
no additional parking spaces shall be required when a
which the consumption of
restaurant use replaces a retail, service, or office use on a
food and beverages occurs
property located within the Downtown Commercial Core
primarily on the premises
Specific Plan
No additional parking shall be required for an
seating aroma Outdoor Dining Area when the area either contains
no more than 4-2 fifteen (�LQ seats, or is no larger than fifty (50)
percent of the restaurant's interior seating area; one (1)
additional parking space shall be required for each additional
100 sq. ft. by which the outdoor restaurant seating area exceeds
the fifty (50) percent threshold; restaurants located within
commercial centers designated as "Large Retail Centers"
(30,000 square feet or more) may use up to three (3) legal
parking spaces adjacent to the restaurant as part of an Outdoor
Dining Area without needing to be replaced to comply with
parking requirements
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
Ordinance No. 1526
Page 10
SECTION 4. Section 9263, Table 1: Parking Requirements by Land Use, of Part 6 of
Chapter 2 of Article 9 of the TCC is hereby amended to read as follows (new text
underlined; deleted text in strikeout):
Table 1: Parking Requirements by Land Use
Land Use Type
Parking Spaces Required
Restaurants, take out;
One (1) space for each 250 sq. ft. of gross floor area, plus a
including delicatessens,
minimum seven (7) car stacking space for drive-through, except
donut shops, coffee shops, or
no additional parking spaces shall be required when a
similar establishments at
restaurant use replaces a retail, service, or office use on a
which the consumption of
property located within the Downtown Commercial Core
food and beverages occurs
Specific Plan
primarily away from the
premises
No additional parking shall be required for an
coating aroma Outdoor Dining Area when the area either contains
no more than 42 fifteen (15) seats, or is no larger than fifty (50)
percent of the restaurant's interior seating area; one
(1)additional parking space shall be required for each additional
250 sq. ft. by which the outdoor restaurant seating area exceeds
the fifty (50) percent threshold; restaurants located within
commercial centers designated as "Large Retail Centers"
(30,000 square feet or more) may use up to three (3) legal
parking spaces adjacent to the restaurant as part of an Outdoor
Dining Area without needing to be replaced to comply with
parking requirements
SECTION 5. Effective Date. This Ordinance shall take effect on the 31St day after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption
of the Ordinance and cause this Ordinance to be published as required by law.
SECTION 6. CEQA Exemption. The City Council finds that the proposed Ordinance is
not subject to the California Environmental Quality Act ("CEQA"; Cal. Pub. Resources
Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State CEQA
Guidelines (Cal. Code of Regs., title 14, Section 15000 et seq.) because it can be seen
with certainty that there is no possibility that the activity in question may have a significant
effect on the environment.
SECTION 7. Severability. If any section, sub -section, clause or phrase in this Ordinance
is for any reason held out to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Tustin hereby declares that it would
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
Ordinance No.1526
Page 11
have adopted this Ordinance and each section, subsection, clause, phrase or portion
thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Tustin on this 16th day of August, 2022.
AUSTIN LUMBARD, Mayor
ATTEST:
CARRIE WOODWARD, Acting City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1526
I, Carrie Woodward, Acting 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 Ordinance No. 1526 was
duly and regularly introduced at a regular meeting of the Tustin City Council, held on the
16th day of August, 2022, and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the day of , 2022, by the following
vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Carrie Woodward, Acting City Clerk
Published:
Ordinance No. 1526
DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C
ATTACHMENT E
CITY COUNCIL RESOLUTION NO. 22-42
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
IV*to] to] 9 101010[0x�•aya
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 August 2, 2022, a novel coronavirus (COVID-19) had spread
globally, infecting more than 578 million persons and killing more than 6.4 million
individuals worldwide. As of August 2, 2022, 16,332 Tustin residents, 637,013 Orange
County residents, over 10.7 million Californians, and over 91.3 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 hit hard 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: E82E5848-CC4F-48C5-8636-73A2C882ED6C
Resolution No. 22-42
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 fourteen (14) days after the expiration of the local emergency
declaration, and adopted Resolution No. 21-39 on May 18, 2021, granting the first
extension of the Temporary Outdoor Dining, Retail, and Assembly Uses Program (the
Program) to December 31, 2021; and
WHEREAS, the City Council of the City of Tustin adopted Resolution No. 21-99 on
November 16, 2021, granting the second extension of the Program to September 30,
2022; and
WHEREAS, the City is in the process of amending the Tustin City Code to increase
restaurants' ability to provide outdoor dining and seating areas, and businesses require
a transition period to comply with the amended regulations;
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. 21-99 and shall go into effect
immediately upon its adoption and shall continue in effect until 11:59 p.m. on December
31, 2022.
DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C
Resolution No. 22-42
Page 3
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on
this 16th day of August, 2022.
AUSTIN LUMBARD, Mayor
CARRIE WOODWARD, Acting City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN 1
I, Carrie Woodward, Acting 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. 22-42 was
duly passed and adopted at a regular meeting of the Tustin City Council, held on the 16th
day of August, 2022, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
CARRIE WOODWARD, Acting City Clerk