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HomeMy WebLinkAbout4.5 Dublin Municipal Code Amendments to Chapter 8.128 (Authority to Administer Title 8) to Facilitate Business Operations During COVID-19 Pandemic (PLPA-2021-00036)STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.5 DATE:October 19, 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. The first reading of the Ordinance approving the DMC Amendment was held at the October 5, 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 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. 79 Page 2 of 3 DESCRIPTION:To 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 bysocial 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 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 City Council is being asked to waive the second reading and adopt the Ordinance included as Attachment 1. 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. 80 Page 3 of 3 STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: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 Orders 81 Attachment 1 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 82 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. 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 83 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 19th day of October, 2021. AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk 84