HomeMy WebLinkAboutOrd 07-21 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 (Sit
Ord. No. 07-21, Item 4.4, Adopted 08/17/2021 Page 1 of 5
ORDINANCE NO. 07 - 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 d eviate
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 Ju ne 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 regulation s; 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 8.76.080 (Parking
Requirements by Use Type), Section 8.104.030 (Site Development Review Waiver), and Secti on
8.108.020 (Uses Permitted with a Temporary Use Permit); and
Ord. No. 07-21, Item 4.4, Adopted 08/17/2021 Page 2 of 5
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 proje ct.
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 Amendment s 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:
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 -
Ord. No. 07-21, Item 4.4, Adopted 08/17/2021 Page 3 of 5
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.
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.
Ord. No. 07-21, Item 4.4, Adopted 08/17/2021 Page 4 of 5
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.
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: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
Ord. No. 07-21, Item 4.4, Adopted 08/17/2021 Page 5 of 5
ABSENT:
ABSTAIN:
____________________________
Mayor
ATTEST:
_____________________________
City Clerk