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1. When do the new outdoor dining regulations go into effect?

The updated outdoor dining regulations (Ordinance No. 1526) go into effect on October 21, 2022.

2. Can I continue using my COVID-19 TUP that was approved by the City?

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.

3. What options do I have to provide outdoor dining? When is City review required?

Ordinance No. 1526 defines three separate pathways for providing outdoor dining:

1. Outdoor Dining Areas-Include permanent improvements like the installation of fencing, expansion of patios into landscaping or parking spaces, serving of alcohol, and more.
   1. Plans must be submitted for Design Review prior to applying for building permits.
   2. If the Outdoor Dining Area is proposed within public property (public sidewalk, street, parking, etc.), City review and approval is required to obtain a License Agreement. See below for more information on requesting a License Agreement.
2. Outdoor Seating Areas -Include the placement of portable furniture like chairs, tables, etc. outside of required pedestrian or vehicle paths, and;
   1. You can setup an Outdoor Seating Area without obtaining approval from or submitting to the City, so long as the Outdoor Seating Area is fully contained within private property and complies with the corresponding operational requirements described in Section 9277(d) of Ordinance No. 1526.
   2. If the Outdoor Seating Area is proposed within public property (public sidewalk, street, parking, etc.), City review and approval is required to obtain a License Agreement. See below for more information on requesting a License Agreement.
3. Either of the above outdoor dining types that include the use of public property - (sidewalks, streets, etc.)
   1. In addition to submitting for Design Review (if required), a License Agreement must be obtained from the City. See below for more information on requesting a License Agreement.You are encouraged to contact a city planner at 714-573-3140 or TustinPlanning@TustinCA.org to determine if City review is required for your proposed outdoor dining.

4. I need to submit for Design Review because I am proposing an Outdoor Dining Area. What and how do I submit?

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:

• Development Application: Must be completely filled out and notarized by the property owner and, if different, the applicant.
• Site Plan: Aerial view of the property showing the dimensions and layout of the Outdoor Dining Area, including any proposed improvements like new fencing, landscape planters, etc.
• Floor Plan: Showing the interior layout of the business including the size (in square feet) of the interior dining space.
• Title Report: A document summarizing the legal easements associated with a property. Must be dated within the past three months. Businesses can oftentimes work with property owners on obtaining this document. If a recent copy is not on-hand, a new one will need to be requested from a Title Company.

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.

5. Can public streets, sidewalks, and other public areas be used for outdoor dining? Is there a fee?

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. 

6. I am proposing an Outdoor Dining Area or Outdoor Seating Area on public property (public sidewalk, street, curb, etc.). Does this affect the review process?

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.

7. I need to apply for a License Agreement because I am proposing to have outdoor dining on public property. What and how do I submit?

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:

1. A request letter describing the Outdoor Seating Area proposed including number of seats, tables, and hours of operation.
2. A site plan (aerial view) showing the location and layout of the proposed seating area, and demonstrating compliance with the requirements identified in Section 9277(f) of Ordinance No. 1526.
3. General liability insurance and workers compensation insurance.

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.

8. What is the deadline to comply with the new outdoor dining regulations?

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.

9. What happens if I don’t comply with the deadline to transition to the new regulations?

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.  

10. How late can outdoor dining services be provided?

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.

11. Are there any application fees for having outdoor dining?

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.