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Yes, use of public property for outdoor dining is subject to obtaining a License Agreement from the City, even for Outdoor Seating Areas which do not normally require City review. Obtaining a License Agreement involves submitting additional documents for review as described further in Question # below. You are encouraged to contact a city planner at 714-573-3140 or TustinPlanning@TustinCA.org to determine what type of City review, if any, is required for your proposed outdoor dining.
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The updated outdoor dining regulations (Ordinance No. 1526) go into effect on October 21, 2022.
Yes, but not beyond December 31, 2022, which is when the Temporary Outdoor Dining Program is currently set to expire. All businesses operating an outdoor area under a COVID-19 TUP will need to bring these spaces into compliance with the new outdoor dining regulations before the end of 2022.
Ordinance No. 1526 defines three separate pathways for providing outdoor dining:
Please contact a city planner at 714-573-3140 or TustinPlanning@TustinCA.org to discuss if your proposal requires a Design Review submittal. If so, at a minimum the submittal should include:
More information may be needed for submittal depending on what your proposal entails. Please contact a city planner to setup a consultation. Staff can also advise of applicable costs at that time.
Potentially. The use of public property is subject to obtaining a License Agreement from the City in addition to the required review, if any, for the proposed type of outdoor dining. Section 9277(f) of Ordinance No. 1526 (the updated outdoor dining regulations) describes additional requirements for Outdoor Seating Areas and Outdoor Dining Areas located within the public right-of-way. Costs for the License Agreement, if any, depend on the work proposed. Please contact a city planner at (714) 573-3140 or TustinPlanning@TustinCA.org to discuss if your proposal requires a License Agreement.
If you are applying for an Outdoor Dining Area, you will already be submitting for Design Review. The request for a License Agreement can be reviewed as part of the Design Review submittal. The plans submitted should identify the public area requested to be used and demonstrate compliance with the additional requirements identified in Section 9277(f) of Ordinance No. 1526. Additionally, you will need to provide general liability insurance and workers compensation insurance for review.
Outdoor Seating Areas, which do not normally require City review or approval, do require City review if proposed within public property. To request a License Agreement in this case, please submit:
Fees to process a License Agreement depend on the proposal. Please contact a city planner at 714-573-3140 or TustinPlanning@TustinCA.org to setup a personal consultation to discuss your proposal.
Businesses operating an outdoor dining area under a COVID-19 Temporary Use Permit are asked to transition any temporary outdoor dining areas per the newly adopted regulations before December 31, 2022. You are encouraged to call the Planning Division at (714) 573-3140 or email TustinPlanning@TustinCA.org to book a personal consultation with a city planner to help facilitate this process.
City staff will be conducting outreach from October to December to ensure businesses are aware of the new regulations and the expiration of the temporary outdoor dining program. Staff is available to discuss the permitting process and any questions you may have to ensure a timely transition. Please feel free to contact us at 714-573-3140 or TustinPlanning@TustinCA.org with any questions.
Outdoor dining can be operated between 6:00 a.m. and 11:00 p.m. except when it is near a residential area, in which case it can be operated between 7:00 a.m. and 10:00 p.m.
Potentially. No City review or approval (and therefore no fees) are required to have an Outdoor Seating Area on private property, which includes placing moveable chairs, tables, etc. outside of required pedestrian or vehicle pathways. However, if you are proposing an Outdoor Dining Area, which includes construction such as expanding patios, installing fencing, and more, you will likely need to submit for Design Review which has review costs associated with it.
You are encouraged to contact a city planner at 714-573-3140 or TustinPlanning@TustinCA.org to determine what type of City review, if any, is required for your proposed outdoor dining and applicable fees.