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HomeMy WebLinkAboutItem 8.3 - 3228 DMC Amendment to Facilitate Business Operat (2) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: May 19, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Dublin Municipal Code Amendment to Facilitate Business Operations During COVID-19 Pandemic Prepared by: Kristie Wheeler, Assistant Community Development Director EXECUTIVE SUMMARY: The City Council will receive a report on a proposed amendment to Dublin Municipal Code (DMC) Chapter 8.128 (Authority to Administer Title 8) that would give the City Manager 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 the transmission of the Novel Coronavirus (COVID-19). The waiver authority would be limited to those that would not result in an increase in intensity of use beyond what is otherwise allowed, as applicable. STAFF RECOMMENDATION: Receive report and provide appropriate direction. FINANCIAL IMPACT: The proposed DMC Amendment and streamlined process for reviewing waivers would initially require Staff time to prepare but this cost is seemingly necessary to ensure that businesses can get back to work and, for many of those businesses, to generate revenue for the City. DESCRIPTION: On March 16, 2020, Alameda County, along with five other Bay Area counties, issued Shelter in Place Orders to stop the transmission of the coronavirus (COVID -19). Due to an increased number of COVID-19 cases in the Bay Area and the strain on healthcare resources, a new Shelter in Place Order was issued on March 31, 2020. The new order included additional restrictions to businesses and recreation. While efforts taken to reduce the spread of COVID-19 have been effective, local health officials determined the risk to public health remains and, on April 29, 2020, extended the Shelter in Place Order to May 31, 2020, with the easing of some restrictions. On May 4, 2020, Governor Newsom announced, as part of the planned Stage 2 reopening of the s tate, that some Page 2 of 3 businesses and employers, including retail businesses such as bookstores, clothing stores, florists, and sporting goods stores, may be able to open with modifications as early as May 8, 2020. Other businesses, such as offices and dine -in restaurants will be part of a later Stage 2 reopening. In anticipation of the easing of Shelter in Place restrictions and opening of businesses in Dublin, Staff is proposing an amendment to 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 the Shelter in Place Order provided that such waivers would not result in an increase in intensity of use beyond what is otherwise allowed. ANALYSIS: Although restrictions associated with the Shelter in Place Order are beginning to ease, it is expected that certain businesses, such as restaurants and retail businesses, will continue to be affected by social distancing requirements. Currently, the Zoning Ordinance allows outdoor seating for restaurants subject to approval of a Site Development Review Waiver and outdoor display of merchandise for retail businesses subject to approval of a Temporary Use Permit with certa in time limits, and temporary promotional signs with certain time limits. To facilitate a return to normal business operations, waivers from the strict application of the Zoning Ordinance provisions and streamlining the approval process for these and potentially other types of business and promotional activities may be necessary until the COVID-19 pandemic is over. For example, the City could allow outdoor seating for restaurants within parking lots with a waiver of certain parking requirements or allow outdoor display of merchandise or temporary signs for a period of time longer than allowed under the Zoning Ordinance. If adopted, Staff would work to create a streamline process with a set of standards that , if met, would allow a business owner to receive an over-the-counter approval with little or no review time and no application fee. Such standards might include provisions to ensure that restaurants would generally have the same or similar capacity in terms of seats, and Americans with Disability Act (ADA) and other safety requirements are met. The proposed DMC Amendment is tentatively scheduled for consideration on the May 26, 2020, Planning Commission agenda and June 2, 2020, City Council agenda. ENVIRONMENTAL REVIEW: The proposed Zoning Ordinance Amendment is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities) because it would involve negligible or no expansion of use. STRATEGIC PLAN INITIATIVE: None. Page 3 of 3 NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. A public hearing notice will be provided when the draft Ordinance is considered by the Planning Commission and City Council. ATTACHMENTS: None.