HomeMy WebLinkAboutItem 8.1 Citywide Outdoor Seating Design Guidelines PLPA-2023-00024STAFF REPORT
PLANNING COMMISSION
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Agenda Item 8.1
DATE:July 25, 2023
TO:Planning Commission
SUBJECT:Citywide Outdoor Seating Design Guidelines (PLPA-2023-00024)
Prepared by: Gaspare Annibale, Associate Planner
EXECUTIVE SUMMARY:
The Planning Commission will consider and make a recommendation to the City Council regarding
the approval of the Citywide Outdoor Seating Design Guidelines. The Guidelines would help to
facilitate the design of permanent outdoor seating within parking lots for eating and drinking
establishments.
STAFF RECOMMENDATION:
Deliberate and adopt the Resolution RecommendingCity Council Approval of the Citywide Outdoor
Seating Design Guidelines.
DESCRIPTION:
Background
On June 16, 2020, the City Council adopted Ordinance No. 08-20 approving an amendment to Dublin
Municipal Code (DMC) Chapter 8.128 (Authority to Administer Title 8) to provide the City Manager
with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate
business operations affected by public health orders of the federal, state, or county government
designed to slow transmission of the Novel Coronavirus (COVID-19). Subsequently, the City
established a COVID-19 Relief Temporary Use Permit (TUP) application for minor temporary land
uses that facilitate business operations, but deviate from certain development standards, provided
they are temporary in nature and do not increase the intensity of the use. This included a TUP to
allow temporary outdoor seating for eating and drinking establishments. Ordinance No. 08-20
remained in effect for one year from adoption and expired on June 16, 2021.
In April 2021, Staff held a roundtable meeting with restaurant owners to understand ways the City
could assist with their recovery in a post COVID-19 environment. Based upon the success of the
COVID-19 Relief TUP program and concerns about business operations and consumer preferences
post COVID-19, the restaurant owners expressed an overwhelming desire for the City to continue
to facilitate outdoor seating on both a long-term temporary and permanent basis through relaxed
regulations.
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On August 17, 2021, the City Council adopted Ordinance No. 07-21 approving amendments to DMC
Section 8.12.050 (Permitted and Conditionally Permitted Land Uses), Section 8.76.080 (Parking
Requirements by Use Type), Section 8.104.030 (Site Development Review Waiver), and Section
8.108.020 (Uses Permitted with a Temporary Use Permit) to relax the development standards and
permit outdoor seating on a long-term temporary and permanent basis.
During the spring of 2022, Staff conducted outreach to restaurant owners. This effort included a
business survey, walking tour and another roundtable meeting with the restaurant owners to
understand their evolving needs and how the City could assist them. The restaurant owners
continued to express overwhelming support for the City to facilitate outdoor dining on a long-term
temporary basis. On August 16, 2022, the City Council adopted Ordinance No. 09-22 approving
amendments to the of the DMC. The amendments established a minimum size for temporary
outdoor seating and extended regulations for existing and new temporary outdoor seating until
September 30, 2023.
California’s COVID-19 State of Emergency expired on February 28, 2023, and the federal Public
Health Emergency (PHE) for COVID-19 expired on May 11, 2023. Similarly, the provisions of the
DMC allowing outdoor seating on a long-term temporary basis will expire on September 30, 2023.
The majority of the temporary outdoor seating within parking lots have been removed. During the
spring of 2023, Staff performed additional outreach to restaurant operators still conducting
business with outdoor seating permitted under a TUP. The restaurant operators that continue to
have temporary outdoor seating in parking lots have expressed interest in continuing to have the
ability to keep outdoor seating in their parking lots.
Historically, permanent outdoor seating in Dublin has occurred in areas outside of parking lots that
are designed for such use. Permanent outdoor seating within parking lots is permitted subject to
Site Development Review and provided it complies with development regulations (including
parking requirements). To assist these restaurant operators and to ensure high quality design for
outdoor seating within parking lots, Staff is proposing to establish Citywide Outdoor Seating Design
Guidelines.
Analysis
The purpose of the Citywide Outdoor Seating Design Guidelines is to ensure that outdoor seating
within parking lotsis aesthetically pleasing, provides a high-quality environment for patrons and is
appropriately designed for the location. The proposed Design Guidelines are intended to provide
design direction that encourages creative design while enriching the community of Dublin.
Citywide Outdoor Seating Design Guidelines
The Citywide Outdoor Seating Design Guidelines include four criteria that will be considered upon
a restaurant operator seeking to establish outdoor seating within a parking lot on a permanent
basis. These includeLocation, Colors and Materials, Design, and Amenities.These Design Guidelines
supplement existing development standards and regulations described in the Dublin Municipal
Code (DMC). If there is a conflict between these Design Guidelines and other regulations, the more
restrictive standard shall apply.
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Outdoor seating within parking lots is subject to Site Development Review (SDR) in accordance with
the DMC Chapter 8.104. Deviation from these Design Guidelines is subject to discretionary review
by the Community Development Director, unless determined to be minor and approved by way of
a SDR Waiver (DMC Section 8.104.030.A.2.i). Allowing flexibility through a discretionary SDR shall
not be construed as allowing inferior quality and character of the project design.
A resolution recommending that the City Council approve the Citywide Outdoor Seating Design
Guidelines is included as Attachment 1 with the Design Guidelines included as Attachment 2 to this
Staff Report.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin
CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental
impacts and that environmental documents be prepared. The proposed Citywide Outdoor Seating
Design Guidelines areexempt from the requirements of CEQA pursuant to CEQA Guidelines Section
15061(b)(3) because it can be seen with certainty that they would not have a significant effect on
the environment and are not subject to CEQA review.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The Planning Commission Agenda was posted.
ATTACHMENTS:
1) Resolution Recommending City Council Approval of the Citywide Outdoor Seating Design
Guidelines
2) Exhibit A to Attachment 2 – Citywide Outdoor Seating Design Guidelines
5409544.2
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Attachment 1
Reso. No. 23-XX, Item X.X,Page 1 of 2
RESOLUTION NO. 23-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF THE CITYWIDE OUTDOOR SEATING
DESIGN GUIDELINES
PLPA-2023-00024
WHEREAS, the provisions for temporary outdoor seating expire on September 30, 2023;
and
WHEREAS, some restaurant operators have expressed interest in continuing to allow
outdoor seating in parking lots on a permanent basis; and
WHEREAS, Citywide Outdoor Seating Design Guidelines (“Design Guidelines”) have been
prepared to ensure a high-quality environment is provided that appropriately addresses location,
colors/materials, design, and amenities for outdoor seating within parking lots; and
WHEREAS, the Design Guidelines are intended to provide design direction that
encourages creativity and enriches the community of Dublin; and
WHEREAS,the California Environmental Quality Act (CEQA), together with State
Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be
reviewed for environmental impacts and that environmental documents be prepared; and
WHEREAS,the Planning Commission recommends that the City Council find this project
exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3)
because it can be seen with certainty that they would not have a significant effect on the
environment; and
WHEREAS,the Planning Commission held a public hearing on the proposed Design
Guidelines on July 25, 2023; and
WHEREAS,the Planning Commission agenda was posted; and
WHEREAS,a Staff Report dated July 25, 2023, was submitted to the City of Dublin
Planning Commission recommending City Council approval of the proposed Citywide Outdoor
Seating Design Guidelines; and
WHEREAS,the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
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Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2
BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby
recommend that the City Council adopt the Citywide Outdoor Seating Design Guidelines attached
hereto as Exhibit A,and incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 25th day of July 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Planning Commission Chair
ATTEST:
___________________________________
Assistant Community Development Director
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Citywide
Outdoor Seating
Design
Guidelines
City of Dublin
July 2023
ATTACHMENT 2
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Purpose
The purpose of the Citywide Outdoor Seating Design Guidelines is to ensure
that outdoor seating within parking lots is aesthetically pleasing, provides a
high-quality environment for patrons and is appropriately designed for the
location. The Design Guidelines provides a framework intended to provide
design direction for restaurant operators and design professionals while
encouraging innovation and creativity.
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Goals
•Aesthetically pleasing design
•Provide a high-quality environment for patrons
•Appropriate design for the location
•Encourage creative design while enriching the
community of Dublin
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Applicability
The Outdoor Seating Design Guidelines apply to outdoor seating located within
parking lots.
These Design Guidelines supplement existing development standards and regulations
described in the Dublin Municipal Code (DMC). If there is a conflict between these
Design Guidelines and other regulations, the more restrictive standard shall apply.
Outdoor seating within parking lots is subject to Site Development Review (SDR) in
accordance with the DMC Chapter 8.104. Deviation from these Design Guidelines is
subject to discretionary review by the Community Development Director, unless
determined to be minor and approved by way of a SDR Waiver. Allowing flexibility
through a discretionary SDR shall not be construed as allowing inferior quality and
character of the project design.
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We are here to help!
Applicants are encouraged to contact the Community Development Department
prior to submitting a formal application to discuss the preliminary design of the
project. This will help the applicant determine if the proposal is consistent with the
Design Guidelines and Zoning Ordinance requirements, helping to save time and
resources.
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1. Location
•Parking spaces on private property
immediately adjacent to restaurant
•Located in areas that are not
adjacent to red zones/fire hydrants
•Keep utility access points accessible
•Maintain drive aisles, accessible
parking spaces, and pedestrian paths
of travel
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2. Colors & Materials
•Colors and materials that showcases
innovation and creativity is encouraged
•Use high quality, durable materials that
provides an attractive design
•Umbrellas and other shade materials
should be limited to a maximum of two
colors and not include product names or
advertising.
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3. Design
•Provide a solid barrier to separate outdoor
seating from parking spaces and drive aisles.
Examples include, but are not limited to:
–Solid walls
–Planter boxes
•The surface of outdoor seating areas shall be
made flush with the adjacent walkway grade
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4. Amenities
•Lighting. Provide lighting to enhance
the nighttime environment for patrons
– string lighting is encouraged
(spotlights and illumination for
advertising shall be avoided)
•Furniture. Furnishings shall be
coordinated and be made of high-
quality materials (heaters may require
approval by the Fire Department)
•Shade . Provide a solid roof, trellis, or
fire -resistant sails or umbrellas
–Tents are not permitted
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Outdoor Seating
Design Guidelines
Fore more
information,
contact the
Planning
Division
planningpermits
@dublin.ca.gov
925-833-6610
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