Modified Planning Operations During COVID-19

Temporary Outdoor BUSINESS Expansion

Under normal (non-pandemic) conditions, the Zoning Code requires the provision of additional parking to support outdoor dining and/or outdoor retail business operations as well as discretionary permitting. Meeting these requirements takes time and expense to complete. In light of the need of many businesses to move their operations outdoors into adjacent open areas, parking lots, or the public right-of-way in order to continue to operate, the City has waived the normal approval requirements for outdoor operations on a temporary basis. 

Instead, the City will utilize the Temporary Use Permit (TUP) provisions in the Zoning Code to streamline approval of expanded outdoor business operations requests.  The TUP application process is a free, one-page application that requires a basic level of information explaining the time, place, and manner characteristics of the proposed outdoor business/outdoor dining use. TUP applications are administered through the City’s Community Preservation Division and typically can be turned around in 1 or 2 days. Although business owners will be encouraged to expand their outdoor operations footprint on private property, there will be allowance for consideration of the use of public rights-of-way when a private property solution is unavailable. Proposals to use public rights-of-way will require additional approval of a temporary encroachment permit from the City’s Engineering/Public Works Department

Submittal Requirements: 

  1. Fill out a TUP Application. 
  2. Detailed site plan(informal is okay – not necessary to have professionally prepared) – The site plan is intended to illustrate the area of proposed outdoor dining.  The plan should include, at minimum, the following items: 
    1. The overall boundaries of the property or site (please indicate property line locations). An aerial photograph can be used for this.
    2. The area where the proposed outdoor business operations/outdoor dining will occur. Please include any existing area and area(s) of where outdoor dining or outdoor business operations are occurring.
    3. Please detail the proposed layout for outdoor business operations. Include the tables and chairs within outdoor dining areas and indicate a minimum separation of 6-feet between individual dining tables/chairs and adjacent dining tables/chairs.
    4. Please dimension walking paths of travel on the site plan to ensure a 4-foot wide (minimum) clear passage for handicapped accessibility. 
    5. Detail the location and type of physical barrier that will be employed to cordon off/delineate the outdoor business/ outdoor dining area as separate from vehicular travel ways. Please verify with the California Department of Alcoholic Beverage Control (ABC) for information regarding required minimum barrier standards for alcoholic beverage service within the outdoor dining areas, and any licensure modifications that may be required. They may be reached at SantaAna@abc.ca.gov or at 657-205-3533.
    6.  If you intend to utilize any portion of the public right-of-way (e.g., public sidewalk or street/parking stalls) for the proposed outdoor business/outdoor dining area, please show the area in question on the site plan. If the location is within the public right-of-way, please contact the City’s Public Works/Engineering Department for additional permitting requirements.  They can be reached at 714-961-7170.

3) Other – The City will review each application to determine additional items that may be needed to process your application. 

4) Submit Application to Community Preservation Division – TUP applications may be submitted to the City through the Community Preservation Division, either electronically or in-person.  Please contact the Community Preservation Division Hotline at 714-961-7138 to obtain further information for electronic submittal or to schedule an appointment with a Community Preservation Officer for direct submittal.

QUESTIONS

If you have any questions regarding Modified Planning Operations during COVID-19, please call the City of Yorba Linda Planning Division at 714-961-7130.