HomeMy WebLinkAbout4.4 Outdoor Seating Zoning Ordinance Amendments (PLPA-2021-00024)STAFF REPORT
CITY COUNCIL
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Agenda Item 4.4
DATE:August 17, 2021
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Outdoor Seating Zoning Ordinance Amendments (PLPA-2021-00024)Prepared by:Michael P. Cass, Principal Planner
EXECUTIVE SUMMARY:The City Council will consider City-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. Amendments are proposed 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). The first reading of the Ordinance approving the Zoning Ordinance Amendments was held at the July 20, 2021 Regular City Council Meeting. The City Council is now being asked to waive the second reading and adopt the Ordinance.
STAFF RECOMMENDATION:Waive the second reading and adopt the Ordinance 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.
FINANCIAL IMPACT:On April 20, 2021, the City Council approved the American Rescue Plan Act (ARPA) Budget for Fiscal Year 2021-22 and established a fund to track related expenditures. The approved budget will substantially cover development and implementation costs of the outdoor seating program, including the proposed Zoning Ordinance Amendments.
DESCRIPTION:The City has 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. Amendments are proposed to DMC Section 8.12.050
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(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), as outlined in the Ordinance provided as Attachment 1.On July 20, 2021, the City Council waived the first reading and introduced the Ordinance approving the amendments. Please refer to Attachment 2 for a complete discussion of the proposed amendments.The City Council is being asked to waive the second reading and adopt the Ordinance included as Attachment 1.
ENVIRONMENTAL DETERMINATION: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 proposed Zoning Ordinance Amendments 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.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Ordinance 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)2) City Council Staff Report, dated July 20, 2021, without Attachments
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Attachment 1
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
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Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 5
WHEREAS,the proposed Zoning Ordinance Amendments include modifications
to DMC 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);
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.
21-05 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 July 20, 2021, 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:
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Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 3 of 5
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 -
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.
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Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 4 of 5
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.
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:
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Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 5 of 5
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.
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 17th day of August 2021, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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