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HomeMy WebLinkAboutItem 6.5 - 3251 DMC Amendment to Chapter 8.128 Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: June 2, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Dublin Municipal Code Amendment to Chapter 8.128 (Authority to Administer Title 8) to Facilitate Business Operations During COVID-19 Pandemic (PLPA-2020-00021) Prepared by: Kristie Wheeler, Assistant Community Development Director EXECUTIVE SUMMARY: The City Council will consider 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 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. The Ordinance would remain in effect for one year from adoption or until orders are lifted. The City Council will also consider a finding that the proposed amendment is Categorically Exempt from the requirements of the California Environmental Quality Act. STAFF RECOMMENDATION: Conduct the public hearing, deliberate and waive the reading and INTRODUCE an Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements and/or Standards to Facilitate Business Operations Affected by COVID- 19 Public Health Orders, and adopt an Urgency Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements and/or Standards to Facilitate Business Operations Affected by COVID-19 Public Health Orders, as an urgency matter necessary for the immediate preservation of the public peace, health, and safety for the period until the proposed regular Ordinance becomes effective. FINANCIAL IMPACT: The proposed DMC Amendment and streamlined process for reviewing waivers would initially require staff time to prepare. This cost would be absorbed by existing departmental budgets. Page 2 of 4 DESCRIPTION: Background 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 have said that 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 state, that some businesses and employers, including retail establishments 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. On May 18, 2020, Governor Newsom laid out new criteria to accelerate the reopening of local businesses. Proposal In anticipation of the easing of Shelter-in-Place restrictions and opening of businesses in Dublin, Staff has initiated a proposed 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: To facilitate a return to business operations during the COVID-19 pandemic, staff proposes the following amendment to DMC Chapter 8.128 (Authority to Administer Title 8): 8.128.070 CITY MANAGER. Waiver Authority During COVID-19 Pandemic. The City Manager shall have the authority to waive certain Zoning Ordinance requirements and/or standards under Title 8 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), to the extent that such waivers would not result in an increase in general intensity of use beyond what is otherwise allowed under this Title, as applicable. An applicant must file a request for a waiver with the City’s Planning Division. 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 Page 3 of 4 subject to approval of a Temporary Use Permit with certain time limits. Temporary promotional signs are also allowed with certain time limits. To facilitate a return to business operations, waivers from the strict application of the Zoning Ordinance to streamline the approval process for these and potentially other types of business 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 promotional 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. 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 life safety requirements are met. An Urgency Ordinance is included as Attachment 1, and a companion, regular non- urgency Ordinance that mirrors the urgency version is included as Attachment 2. The Urgency Ordinance requires a four-fifths affirmative vote and would be effective immediately upon adoption by the City Council. The regular Ordinance mirrors the Urgency Ordinance but requires the standard first and second reading typical for regular ordinances. If adopted, the regular Ordinance would become effective 30 days after adoption. Both Ordinances contain the same DMC Amendment and the same expiration term. Staff is recommending that the City Council adopt both ordinances; the Urgency Ordinance as an urgency matter necessary for the immediate preservation of the public peace, health, and safety for the period until the proposed regular Ordinance becomes effective in July 2020; and the regular Ordinance pursuant to standard ordinance adoption procedures and timelines in the event that the City receives a challenge to the adoption of an urgency ordinance. PLANNING COMMISSION REVIEW: On May 26, 2020, the Planning Commission held a public hearing to consider the proposed DMC Amendment and voted unanimously to recommend approval to the City Council. In their comments, the Planning Commission recommended reviewing the proposed Effective Date of the Ordinance to ensure that waivers do not extend beyond the Health Orders and social distancing requirements to slow the transmission of COVID-19. The Effective Date of the Ordinance specifies how long the City Manager is granted the authority to waive certain Zoning Ordinance requirements, but the Ordinance itself does not otherwise govern the length of any approved waivers. Staff considered the Planning Commission’s comment and made an amendment to the Effective Date of the Ordinance. Staff is developing streamlined standards for processing such waiver applications and will consider attaching expiration dates to approved waivers to address the Planning Commission’s comments. 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. Staff recommends that the Planning Commission find that the proposed amendment Categorically Exempt from the requirements of CEQA pursuant to CEQA Guidelines Page 4 of 4 Section 15301 (Existing Facilities) because it would involve negligible or no expansion of use. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a notice regarding this Public Hearing was published in the East Bay Times and posted at several locations throughout the City. The Staff Report for this public hearing was also available on the City’s website. ATTACHMENTS: 1. Urgency Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements 2. Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements URGENCY ORDINANCE NO. __ - 20 AN URGENCY ORDINANCE OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO WAIVE CERTAIN ZONING ORDINANCE REQUIREMENTS AND/OR STANDARDS TO FACILITATE BUSINESS OPERATIONS AFFECTED BY COVID-19 PUBLIC HEALTH ORDERS WHEREAS, on March 1, 2020, the Alameda County Health Officer declared a public health emergency; and WHEREAS, on March 4, 2020, California Governor Gavin Newsom issued a State of Emergency Proclamation for the State of California; and WHEREAS, on March 16, 2020, the Alameda County Health Officer issued an order directing all individuals living in the County to shelter at their place of residence, subject to certain exceptions; and WHEREAS, on March 16, 2020, the Dublin City Manager, acting as the Director of Emergency Services, proclaimed the existence of a local emergency within the City of Dublin pursuant to Dublin Municipal Code Chapter 2.44.060(A); and WHEREAS, on March 18, 2020, the City Council at a special City Council meeting, ratified and extended the proclamation of existence of a local emergency; and WHEREAS, on March 19, 2020, the Governor of California issued a stay-at-home order to protection the health and well-being of all Californians and slow the spread of COVID-19; and WHEREAS, on March 31, 2020, the Alameda County Health Officer issued an order extending the shelter in place to May 3, 2020; and WHEREAS, on the Director of Emergency Services fully activated the Emergency Operations Center virtually at Level 3 (Response Level) to coordinate the City’s response to the COVID-19 pandemic; and WHEREAS, on April 29, 2020, the Alameda County Health Officer issued an order extending the shelter in place to May 31, 2020; and WHEREAS, on May 5, 2020, the City Council reaffirmed and revised the proclamation of existence of a local emergency; and WHEREAS, during this time of shelter in place, self-isolation, and other social distancing, many business owners are experiencing substantial losses of business income as a result of business closures or the loss of hours, hindering their economic ability to sustain their business including, payment of rent or maintenance of employees on payroll; and WHEREAS, many business owners in these circumstances may face possible evictions, layoffs, or be forced to permanently close as a result of the pandemic; and WHEREAS, businesses are an integral part of the Dublin community from the jobs they provide for residents to the essential services and amenities supported by the revenues they generate; and WHEREAS, although certain shelter in place order restrictions are beginning to ease, staff expects that certain businesses, such as restaurants and retail businesses, will continue to be affected by social distancing requirements; and WHEREAS, 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, and both are subject to certain maximum time limits; and WHEREAS, to assist businesses that are experiencing, and will continue to experience, severe negative economic impacts due to the COVID-19 pandemic, Staff is proposing the City Council adopt an urgency ordinance authorizing the City Manager to approve certain waivers from the strict application of the Zoning Ordinance to facilitate a return to business operations, to the extent that such waivers would not result in an increase in general intensity of use beyond what is otherwise allowed; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities with the authority to enact ordinances to protect the health, safety, and general welfare of their citizens, and zoning regulations are a permissible exercise of this authority; and WHEREAS, California Government Code Section 36937 authorizes the City Council to introduce and adopt an ordinance it declares to be necessary as an emergency measure to preserve the public peace, health and safety at one and the same meeting if passed by at least a four-fifths affirmative vote; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 26, 2020, during which all interested persons were heard, and adopted Resolution No. 20-11 recommending City Council adoption of the proposed Dublin Municipal Code Amendment; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Dublin Municipal Code Amendment; and WHEREAS, the City Council held a public hearing on the proposed Dublin Municipal Code Amendment on June 2, 2020, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the proposed Dublin Municipal Code Amendment. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Recitals. The recitals above are true and correct and incorporated herein by reference. Section 2. Municipal Code Amendment. Section 8.128.070 is hereby added to the Dublin Municipal Code to read as follows: 8.128.070 CITY MANAGER. Waiver Authority During COVID-19 Pandemic. The City Manager shall have the authority to waive certain Zoning Ordinance requirements and/or standards under Title 8 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), to the extent that such waivers would not result in an increase in general intensity of use beyond what is otherwise allowed under this Title, as applicable. An applicant must file a request for a waiver with the City’s Planning Division. Section 3. Urgency Findings and Declaration. The City Council finds and declares that there is a current and immediate threat to public health, safety and/or welfare, and this Urgency Ordinance must be adopted as an urgency matter necessary for the immediate preservation of the public peace, health, and safety. This finding is based upon the facts set forth and referenced herein, including the Recitals above, the staff report, any oral and written testimony at the June 2, 2020 City Council meeting, and the entirety of the record before the City Council. In addition, the following facts and circumstances support such necessity: The pandemic and public health orders designed to reduce the virus’s spread have had a significant impact on the economy of the City, requiring the closure of numerous business. This Urgency Ordinance will facilitate the prompt reopening of businesses impacted consistent with anticipated public health orders thereby ameliorating economic impacts on the economy. It is designed to reduce and slow the transmission of COVID-19 by facilitating required social distancing between and among patrons and employees; and to promote economic business stability and prevent business closures during the COVID-19 pandemic by streamlining the process for certain Zoning Ordinances waivers to enable business operations in a manner that complies with social distancing orders and protocols. Based on said findings, facts and circumstances, the City Council finds that this Urgency Ordinance should be adopted as an urgency measure for the immediate preservation of the public peace, health and safety, and that it is necessary that this Urgency Ordinance should go into effect as described below. Section 4. CEQA. The City Council finds that the adoption and implementation of this ordinance are exempt from the provisions 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. Section 5. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or i napplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 6. Effective Date. Following adoption by at least a four-fifths vote of the City Council, this Ordinance shall take effect and be enforced immediately, and shall remain in effect for one (1) year from the date of adoption or until repealed by City Council, whichever occurs first. Section 7. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be published or posted in the manner required by law. PASSED, APPROVED AND ADOPTED this 2nd day of June, 2020. AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk ORDINANCE NO. __ - 20 AN ORDINANCE OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO WAIVE CERTAIN ZONING ORDINANCE REQUIREMENTS AND/OR STANDARDS TO FACILITATE BUSINESS OPERATIONS AFFECTED BY COVID-19 PUBLIC HEALTH ORDERS WHEREAS, on March 1, 2020, the Alameda County Health Officer declared a public health emergency; and WHEREAS, on March 4, 2020, California Governor Gavin Newsom issued a State of Emergency Proclamation for the State of California; and WHEREAS, on March 16, 2020, the Alameda County Health Officer issued an order directing all individuals living in the County to shelter at their place of residence, subject to certain exceptions; and WHEREAS, on March 16, 2020, the Dublin City Manager, acting as the Director of Emergency Services, proclaimed the existence of a local emergency within the City of Dublin pursuant to Dublin Municipal Code Chapter 2.44.060(A); and WHEREAS, on March 18, 2020, the City Council at a special City Council meeting, ratified and extended the proclamation of existence of a local emergency; and WHEREAS, on March 19, 2020, the Governor of California issued a stay-at-home order to protection the health and well-being of all Californians and slow the spread of COVID-19; and WHEREAS, on March 31, 2020, the Alameda County Health Officer issued an order extending the shelter in place to May 3, 2020; and WHEREAS, on the Director of Emergency Services fully activated the Emergency Operations Center virtually at Level 3 (Response Level) to coordinate the City’s response to the COVID-19 pandemic; and WHEREAS, on April 29, 2020, the Alameda County Health Officer issued an order extending the shelter in place to May 31, 2020; and WHEREAS, on May 5, 2020, the City Council reaffirmed and revised the proclamation of existence of a local emergency; and WHEREAS, during this time of shelter in place, self-isolation, and other social distancing, many business owners are experiencing substantial losses of business income as a result of business closures or the loss of hours, hindering their economic ability to sustain their business including, payment of rent or maintenance of employees on payroll; and WHEREAS, many business owners in these circumstances may face possible evictions, layoffs, or be forced to permanently close as a result of the pandemic; and WHEREAS, businesses are an integral part of the Dublin community from the jobs they provide for residents to the essential services and amenities supported by the revenues they generate; and WHEREAS, although certain shelter in place order restrictions are beginning to ease, staff expects that certain businesses, such as restaurants and retail businesses, will continue to be affected by social distancing requirements; and WHEREAS, 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, and both are subject to certain maximum time limits; and WHEREAS, to assist businesses that are experiencing, and will continue to experience, severe negative economic impacts due to the COVID-19 pandemic, Staff is proposing the City Council adopt an urgency ordinance authorizing the City Manager to approve certain waivers from the strict application of the Zoning Ordinance to facilitate a return to business operations, to the extent that such waivers would not result in an increase in general intensity of use beyond what is otherwise allowed; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities with the authority to enact ordinances to protect the health, safety, and general welfare of their citizens, and zoning regulations are a permissible exercise of this authority ; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 26, 2020, during which all interested persons were heard, and adopted Resolution No. 20-11recommending City Council adoption of the proposed Dublin Municipal Code Amendment; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Dublin Municipal Code Amendment; and WHEREAS, the City Council held a public hearing on the proposed Dublin Municipal Code Amendment on June 2, 2020, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the proposed Dublin Municipal Code Amendment. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Recitals. The recitals above are true and correct and incorporated herein by reference. Section 2. Municipal Code Amendment. Section 8.128.070 is hereby added to the Dublin Municipal Code to read as follows: 8.128.070 CITY MANAGER. Waiver Authority During COVID-19 Pandemic. The City Manager shall have the authority to waive certain Zoning Ordinance requirements and/or standards under Title 8 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), to the extent that such waivers would not result in an increase in general intensity of use beyond what is otherwise allowed under this Title, as applicable. An applicant must file a request for a waiver with the City’s Planning Division. Section 3. CEQA. The City Council finds that the adoption and implementation of this ordinance are exempt from the provisions 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. Section 4. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or i napplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption, and shall remain in effect for one (1) year from the date of adoption or until repealed by City Council, whichever occurs first. Section 6. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 16th day of June, 2020. AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk