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Home My WebLink AboutPC Reso 21-05 PLPA-2021-00024 Outdoor Seating Zoning Ordinance AmendmentsExhibit A ORDINANCE NO. XX-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE 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) EFFECTIVE CITY-WIDE PLPA-2021-00024 WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS, 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); and WHEREAS, 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; and WHEREAS, the waiver of certain Zoning Ordinance requirements remained in effect for one year from adoption and expired on June 16, 2021; and WHEREAS, 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 dining on both a long-term temporary and permanent basis through relaxed regulations; and WHEREAS, the City of Dublin initiated amendments to the Zoning Ordinance to facilitate outdoor seating for eating and drinking establishments on both a long-term temporary and permanent basis to aid in economic recovery post-COVID-19; and WHEREAS, the proposed Zoning Ordinance Amendments include modifications to DMC Section 8.12.050 (Permitted and Conditionally Permitted Land Uses), Section Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 5 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); and WHEREAS, the Planning Commission held a duly noticed public hearing on June 22, 2021, during which all interested persons were heard, and adopted Resolution No. 21-XX recommending City Council adoption of the proposed Zoning Ordinance Amendments; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance Amendments on ______, 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 project. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section 1. Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendments are consistent with the General Plan and all applicable Specific Plans in that the amendments are necessary to facilitate outdoor seating for eating and drinking establishments to aid in economic recovery post-COVID-19. Specifically, General Plan Goal 11.6.1 calls for the City to maintain small-business-friendly development services and Implementation Measure 11.6.1.B.3 to “implement permit/inspection process refinements: improve City procedures, as appropriate.” Section 2. 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 City Council hereby finds the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review. Section 3. Thirty days following the adoption of the Ordinance, the Dublin Municipal Code is amended as follows: Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin Municipal Code is amended as follows: Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 3 of 5 COMMERCIAL USE TYPES COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Outdoor Seating - Permanent - - - - P P P P P P - Outdoor Seating - Temporary - - - - TUP TUP TUP TUP TUP TUP - Section 8.76.080 (Parking Requirements by Use Type) of Title 8 of the Dublin Municipal Code is amended as follows: D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as follows: COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Outdoor Seating - Permanent 1 – 20 seats: no parking required; 21 or more seats: 1 per 4 seats or as established in a Planned Development (PD) Zoning District, whichever is less restrictive Outdoor Seating - Temporary None Section 8.104.030.A.2 (Site Development Review Waiver) of Title 8 of the Dublin Municipal Code is amended as follows: i. Outdoor Seating – Permanent. The establishment of Outdoor Seating – Permanent associated with an Eating and Drinking Establishment. This provision shall also apply to any Planned Development Zoning District where Eating and Drinking Establishments are allowed. Section 8.108.020 (Uses Permitted with a Temporary Use Permit) of Title 8 of the Dublin Municipal Code is amended by adding provisions for “Outdoor Seating – Temporary” and renumbering the subsequent sections as follows: N. Outdoor Seating - Temporary. Outdoor Seating - Temporary may be permitted, subject to the following conditions: 1. Temporary outdoor seating is permitted until September 30, 2022. 2. Temporary outdoor seating may occupy up to 20 percent of the required parking for that Eating and Drinking Establishment. 3. Temporary outdoor seating that is not located in a parking space(s) is limited to a maximum area equivalent to the area of 20 percent of the required parking for that Eating and Drinking Establishment. Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 4 of 5 4. No additional parking is required for the temporary outdoor seating. 5. Tents, canopies, and shade structures. a. Tents, canopies, and shade structures are subject to review and approval by the Planning Division, Building Division, and Fire Prevention. b. No advertising, logos, banners, or balloons are permitted on any tents, canopies, or shade structures, except with approval of a Temporary Sign. c. If a business utilizes more than one tent, canopy, or shade structure, they should be of uniform color and design. Section 4. On September 30, 2022, the Dublin Municipal Code is hereby amended as follows: Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin Municipal Code is amended as follows: COMMERCIAL USE TYPES COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Outdoor Seating - - - - P P P P P P - Section 8.76.080 (Parking Requirements by Use Type) of Title 8 of the Dublin Municipal Code is amended as follows: D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as follows: COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Outdoor Seating 1 – 20 seats: no parking required; 21 or more seats: 1 per 4 seats or as established in a Planned Development (PD) Zoning District, whichever is less restrictive Section 8.104.030.A.2 (Site Development Review Waiver) of Title 8 of the Dublin Municipal Code is amended as follows: ii. Outdoor Seating. The establishment of Outdoor Seating associated with an Eating and Drinking Establishment. This provision shall also apply to any Planned Development Zoning District where Eating and Drinking Establishments are allowed. Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 5 of 5 Section 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption. 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 __th day of _______ 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk