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HomeMy WebLinkAboutItem 4.5 - 3278 DMC Amendment (2) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: June 16, 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 The Ordinance would remain in effect for one year from adoption or until repealed by the City Council, whichever occurs first. STAFF RECOMMENDATION: Waive the reading and adopt 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. 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. DESCRIPTION: 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 w aive 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. Page 2 of 2 On June 2, 2020, the City Council adopted an Urgency Ordinance which mirrors the regular Ordinance that is currently before the City Council. The Urgency Ordinance took effect immediately and will remain in effect until the proposed Ordinance is adopted and becomes effective. Also, on June 2, 2020, the City Council waived the first reading and introduced the regular Ordinance approving the proposed amendment to DMC Chapter 8.128. The City Council is being asked to waive the second reading and adopt the Ordinance provided as Attachment 1. 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 City Council find that the proposed amendment is Categorically Exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15301 (Existing Facilities) because it would involve negligible or no expansion of use. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements ORDINANCE NO. xx - 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 April 13, 2020, 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