HomeMy WebLinkAboutOrd 08-20 Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements for Businesses Affected by COVID-19Ord. No. 08-20, Item 4.5, Adopted 06/16/20 Page - 1 -
ORDINANCE NO. 08 - 20
AN ORDINANCE OF THE CITY OF DUBLIN
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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
Ord. No. 08-20, Item 4.5, Adopted 06/16/20 Page - 2 -
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:
Ord. No. 08-20, Item 4.5, Adopted 06/16/20 Page - 3 -
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 inapplicability 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, by the following
vote:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk