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Resolution No. 2021-58 <br />Page 2 of 4 <br />WHEREAS, on July 29, 2020, the California Department of Public Health issued <br />COVID-19 Industry Guidance for dine -in restaurants consisting of restaurants, brewpubs, <br />craft distilleries, breweries, bars, pubs, and wineries to support a safe, clean environment <br />for workers and customers including organization, sanitation, and social distancing <br />guidelines; <br />WHEREAS, on June 15, 2021, Governor Newsom intends to end the Blueprint for <br />a Safer Economy and reopen the economy as vaccination rates increase, vaccine supply <br />is available to Californians 12 years or older, and infection and hospitalizations rates <br />decline; <br />WHEREAS, at that time, businesses may return to usual operations subject to <br />compliance with the Division of Occupational Safety and Health ("Cal OSHA") Emergency <br />Temporary Standards on COVID-19 which continue to require physical distancing and <br />use of outdoor air to reduce the transmission of COVID-19; <br />WHEREAS, it is essential that the City facilitate the steady reduction of COVID-19 <br />while allowing the local economy to reopen to the fullest extent possible; and <br />WHEREAS, to help existing commercial businesses and private institutions <br />operate in a safe manner where social distancing is maintained in accordance with <br />guidance from the federal, state, and local health officials, it is necessary to temporarily <br />allow business and institutional uses to continue to operate on private property, parking <br />lots, sidewalks, and public property. <br />NOW, THEREFORE, the City Council of the City of Newport Beach resolves as <br />follows: <br />Section 1: If Emergency Ordinance No. 2020-005 is terminated or repealed <br />prior to September 6, 2021, all existing and valid Emergency Temporary Use Permits <br />("ETUP") shall remain valid through September 6, 2021, subject to compliance with the <br />conditions of approval and procedures established by Emergency Ordinance No. 2020- <br />005. <br />Section 2: Upon expiration of the extension set forth in Section 1, ETUP permit <br />holders may apply for a new limited term permit to continue to use spaces authorized <br />through an ETUP. Applications will be reviewed on an individual basis based on the <br />merits of the location, availability of parking, and land use compatibility. Outdoor dining <br />design and processing guidelines will be developed to ensure permanent outdoor facilities <br />are aesthetically integrated and do not negatively impact surrounding uses. Limited term <br />permit application fees shall be waived with the exception of public noticing fees for any <br />application that proposes a term of 90 days or longer. <br />