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HomeMy WebLinkAbout6.1 Dublin Municipal Code Amendments to Chapter 8.128 Authority to Administer Title 8 to Facilitate Business Operations During COVID-19 PandemicSTAFF REPORT CITY COUNCIL Page 1 of 4 Agenda Item 6.1 DATE:October 5, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Dublin Municipal Code Amendments 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 Director EXECUTIVE SUMMARY:The City Council will consider 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 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 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. STAFF RECOMMENDATION:Conduct the public hearing, deliberate, waive the reading and INTRODUCE the Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements and/or Standards to Facilitate Business Operations Affected by COVID-19 and Public Health Orders. FINANCIAL IMPACT:The cost to administer the program would be absorbed by existing departmental budgets and permit applications fees. 94 Page 2 of 4 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 Pert (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 TUP permits 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 3 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 the 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 tothe 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 that such 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- 95 Page 3 of 4 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 bysocial distancing, mask mandates, 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 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 Ordinance adopting the proposed amendment is included as Attachment 1. PLANNING COMMISSION REVIEW:On September 14, 2021, the Planning Commission held a public hearing to consider the proposed DMC Amendment and voted unanimously to recommend approval to the City Council (Attachment 2). ENVIRONMENTAL REVIEW: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 City Council find the proposed DMC 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. 96 Page 4 of 4 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, and the City Council Agenda was posted. ATTACHMENTS:1) Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirementsand/or Standards to Facilitate Business Operations Affected by COVID-19 and Public Health Orders2) Planning Commission Resolution No. 21-073) COVID-19 Temporary Use Permits 97 Attachment 1 ORDINANCE NO. __ - 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO WAIVE CERTAIN ZONING ORDINANCE REQUIREMENTS AND/OR STANDARDS TO FACILITATE BUSINESS OPERATIONS AFFECTED BY COVID-19 AND PUBLIC HEALTH ORDERS EFFECTIVE CITY-WIDE PLPA-2021-00036 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,on August 17, 2021, the City Council adopted Ordinance No. 07-21 approving 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, businesses and service organizations 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 restrictions are beginning to ease, staff expects that certain businesses, such as retail businesses and service organizations, will continue to be affected by social distancing, mask mandates, and changing consumer preferences; and WHEREAS, during this time of uncertainty and changing public-health orders of the federal, state, or county government designed to slow the transmission of COVID-19, the City is seeking methods to remain nimble to address and support the needs of the business and service community; and WHEREAS, the Zoning Ordinance allows outdoor display of merchandise for retail businesses and other similar outdoor activities by community organizations subject to approval of a Temporary Use Permit, and both are subject to certain maximum time limits; and 98 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 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 September 14, 2021, during which all interested persons were heard, and adopted Resolution No. 21-07 recommending 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 October 5, 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 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: 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 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 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. 99 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 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. 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 __ day of __________, 2021. AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk 100 Attachment 2101 102 Exhibit A ORDINANCE NO. __ - 21 AN ORDINANCE OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO WAIVE CERTAIN ZONING ORDINANCE REQUIREMENTS AND/OR STANDARDS TO FACILITATE BUSINESS OPERATIONS AFFECTED BY COVID-19 AND PUBLIC HEALTH ORDERS EFFECTIVE CITY-WIDE PLPA-2021-00036 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, on August 17, 2021, the City Council adopted Ordinance No. 07-21 approving 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, businesses and service organizations 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 restrictions are beginning to ease, staff expects that certain businesses, such as retail businesses and service organizations, will continue to be affected by social distancing requirements, mask mandates, and changing consumer preferences; and WHEREAS, during this time of uncertainty and changing public-health orders of the federal, state, or county government designed to slow the transmission of COVID-19, the City is seeking methods to remain nimble to address and support the needs of the business and service community; and WHEREAS, the Zoning Ordinance allows outdoor display of merchandise for retail businesses and other similar outdoor activities by community organizations 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 103 Exhibit A Council adopt an 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 September 14, 2021, during which all interested persons were heard, and adopted Resolution No. 21-xx recommending 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 ________________, 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 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: 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 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 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 104 Exhibit A 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 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. 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 __ day of ________, 2021. AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk 105 Attachment 3 COVID-19 Relief Temporary Use Permits#Business Name1.Sahara Market2.The Fit Potato3.Shapes Fitness for Women4.Aloft Hotel5.Sky Martial Arts6.Pallen's Martial Arts7.Monaco Hair & Nails8.F45 Training9.4ever Dance Studio10.Kaiser Permanente11.Hair Culture12.Anu's Boutique13.Teague's Barbershop14.Everbright Harvest Group15.Pampered Nails and Spa16.Remote Learning Group17.Kaiser Permanente18.Seoul Jung Korean19.Combat Sports20.Bintang Badminton21.Casa Orozco22.Lucille’s Smokehouse Bar-B-Que23.BJ’s Restaurant24.Gallagher’s Pub25.INC 82 Brewing26.The Back Lounge27.Urban Plates28.Country Waffles29.Frankie, Johnnie, and Luigi Too30.IHOP31.Burma Burma32.Applebee’s Neighborhood Grill and Bar33.Café Tazza34.Pacific Catch35.Copper Skillet36.Zacs Café37.Pho Saigon38.Amazing Basil39.Sake Sushi40.Hawaiian Grill Express41.Rigatoni’s42.Rahma Mediterranean Grill43.Tasty Pot44.Amakara45.World of Beer46.Coaches Grill47.Chaat Bhavan48.Fuddruckers 106 COVID-19 Relief Temporary Use Permits#Business Name49.BIT Holdings50.Erik’s Delicafe51.The Banana Garden52.Hana Japan53.Denica’s Real Food Kitchen54.Caps and Taps55.Buffalo Wild Wings56.Fujiwara Ramen57.Koi Place58.Pamir Restaurant59.Lazy Dog60.Pho Tai Dublin LLC61.Dublin Ranch Golf Course62.Yanagi Sushi & Grill 107 Item 6.1: DMC Amendment to Chapter 8.128 to Facilitate Business Operations During COVID-19 Pandemic (PLPA-2021-00036) City Council Meeting October 5, 2021 Background •On June 16, 2020, City Council adopted an Ordinance approving amendments to DMC Chapter 8.128 providing City Manager with authority to waive certain Zoning Ordinance requirements to facilitate business operations affected by COVID -19 pandemic •Subsequently, City established COVID-19 Relief Temporary Use Permits (TUPs) for minor temporary land uses that facilitate business operations, but deviate from certain development standards •City issued 62 COVID-19 TUPs, including 20 permits for commercial and service-oriented businesses and 42 permits to allow temporary outdoor seating for eating and drinking establishments Background •Ordinance No. 08-20 and waiver of certain Zoning Ordinance requirements remained in effect for one year from adoption and expired on June 16, 2021 •On August 17, 2020, City Council adopted Zoning Ordinance Amendment to facilitate outdoor seating for eating and drinking establishments on both long-term temporary and permanent basis to aid in economic recover post-COVID -19 Proposed DMC Amendment •Efforts to reduce spread of COVID-19, including vaccinations, have been effective, but risk to public health remains •Based on success of COVID-19 TUP program and ongoing concerns, relaxed standards to facilitate outdoor business operations on long- term temporary basis may be needed •Staff has initiated proposed amendment to DMC Chapter 8.128 to again provide City Manager with authority to waive certain requirements to facilitate business operations affected by COVID-19 •Amendment would remain in effect through September 30, 2022, or until expiration of any health order to slow transmission of COVID- 19, whichever occurs later Recommendation •Conduct public hearing, deliberate and waive reading and INTRODUCE an Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements and/or Standards to Facilitate Business Operations Affected by COVID-19 and Public Health Orders