HomeMy WebLinkAboutCC RES 22-42DocuSign Envelope ID: EC9F8514-98D0-4126-AC06-9414AF8C37AC
RESOLUTION NO. 22-42
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
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
Resolution 22-42
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DocuSign Envelope ID: EC9F8514-98D0-4126-AC06-9414AF8C37AC
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.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on
this 16' day of August, 2022.
Resolution 22-42
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DocuSign Envelope ID: EC9F8514-98D0-4126-AC06-9414AF8C37AC
DocuSigned by:
119DEE3867C041A...
AUSTIN LUMBARD,
Mayor
ATTEST:
DocuSigned by:
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SC7F39A6D9D84E2
CARRIE WOODWARD,
Acting City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 22-42
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: Lumbard, Cooper, Clark, Gallagher (4)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: Gomez (1)
EDocuSigned by:
�,"4
5C7F39A6D9D84E2_.
CARRIE WOODWARD,
Acting City Clerk
Resolution 22-42
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