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HomeMy WebLinkAbout6.1 Dublin Municipal Code Amendment to Chapter 8.128 (PLPA-2021-00036STAFF REPORT PLANNING COMMISSION Page 1 of 3 Agenda Item 6.1 DATE:September 14, 2021TO:Planning CommissionSUBJECT:Dublin Municipal Code Amendment to Chapter 8.128 (Authority to Administer Title 8) to Facilitate Business Operations During COVID-19 Pandemic (PLPA-2021-00036)Prepared by: Jeff Baker, Community Development Director and KristieWheeler, Assistant Community Development DirectorEXECUTIVE SUMMARY:The Planning Commission will consider an amendment to Dublin Municipal Code (DMC) Chapter8.128 (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 the Novel Coronavirus (COVID-19) and public health orders of the federal, state or county government designed to slow the transmission of COVID-19. The waiver of authority would be limited to those requirements and/or standards that would not result in an increase in intensity of use beyond what is otherwise allowed, as applicable. The Ordinance would remain in effect until September 30, 2022, or until orders are lifted, whichever occurs later. The Planning Commission will consider the proposed DMC Amendment and make a recommendation to the City Council. The Planning Commission will also consider a finding that the proposed amendment is Categorically Exempt from the requirements 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.STAFF RECOMMENDATION:Conduct a public hearing, deliberate, and adopt the Resolution recommending City Council approval of an amendment to Dublin Municipal Code Chapter 8.128 (Authority to Administer Title 8).DESCRIPTION:BackgroundOn June 16, 2020, the City Council adopted Ordinance No. 08-20 approving an amendment to 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 COVID-19. Subsequently, the City established a COVID-19 Relief Temporary Use 9 Page 2 of 3 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. Ordinance No. 08-20 and the waiver of certain Zoning Ordinance requirements remained in effect for one year from adoption and expired on June 16, 2021. The City issued 62 COVID-19 Relief TUPs to local businesses. This included 20 permits for commercial and service-oriented businesses and 42 permits to allow temporary outdoor seating for eating and drinking establishments. Refer to Attachment 1 for a table summarizing the businesses that obtained a COVID-19 Relief TUP.While efforts taken to reduce the spread of COVID-19, including vaccinations, have been effective, local health officials have said the risk to public health remains. Staff has been monitoring the situation and looking for ways to aid local businesses in economic recovery and mitigate the ongoing effects of the pandemic. Based upon the success of the COVID-19 Relief TUP program and ongoing concerns about business operations and consumer preferences, there may be a need for the City to continue to relax certain standards to facilitate outdoor operations on a long-term temporary basis.On August 17, 2020, the City Council adopted Ordinance No. 07-21 approving an amendment 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.To be prepared to assist the broader business and service community, Staff has initiated a proposed amendment to DMC Chapter 8.128 (Authority to Administer Title 8) to again provide the City Manager with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate business operations affected by COVID-19 and health orders, provided thatsuch waivers would not result in an increase in intensity of use beyond what is otherwise allowed.AnalysisTo facilitate a return to business operations during the COVID-19 pandemic, staff proposes the following amendment to DMC Chapter 8.128:8.128.070CITYMANAGER.Waiver AuthorityDuringCOVID-19 Pandemic.The City Manager shall have the authority towaive certain Zoning Ordinance requirements and/or standards under Title 8 to facilitatebusiness operations affected by COVID-19 and/or 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 usebeyond what is otherwise allowed under this Title, as applicable. An applicant must file arequest for a waiver with the City’s Planning Division.It is expected that certain businesses and community organizations will continue to be affected by social distancing requirements, vaccine requirements and/or consumer preferences. Currently, the Zoning Ordinance allows certain outdoor activities to occur with approval of a Temporary Use Permit with certain time limits. Similarly, temporary promotional signs are also allowed with 10 Page 3 of 3 certain time limits. To facilitate a return to business operations and address current consumer preferences, waivers from the strict application of the Zoning Ordinance to streamline the approval process may be necessary until the pandemic is over. For example, the City could allow outdoor display of merchandise or a gym to operate outdoors for a period of time longer than currently allowed under the Zoning Ordinance. If approved, Staff would utilize the streamline process that was created under the previous authority granted to the City Manager. The amendment is proposed to remain in effect through September 30, 2022, or until the expiration of any order of the federal, state or county government to slow the transmission of COVID-19, whichever occurs later.The draft Planning Commission Resolution recommending City Council approval is included as Attachment 2 and the draft Ordinance adopting the proposed amendment is included as Attachment 3.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. Staff recommends that the Planning Commission find the proposed Zoning Ordinance amendment 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.NOTICING REQUIREMENTS/PUBLIC OUTREACH:In accordance with State law, a notice regarding this Public Hearing was published in the East BayTimesand posted at several locations throughout the City. The Staff Report for this public hearing was also available on the City’s website.ATTACHMENTS:1) COVID-19 Temporary Use Permits2) Resolution Recommending Approval of Ordinance Authorizing the City Manager to Temporarily Waive Zoning Regulations3) Exhibit A of Attachment 1 - Ordinance Authorizing the City Manager to Temporarily Waive Zoning Regulations 11