HomeMy WebLinkAboutOrd 08-21 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
Ord. No. 08-21, Item 4.5, Adopted 10/19/2021 Page 1 of 3
ORDINANCE NO. 08 - 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
Ord. No. 08-21, Item 4.5, Adopted 10/19/2021 Page 2 of 3
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.
Ord. No. 08-21, Item 4.5, Adopted 10/19/2021 Page 3 of 3
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 19th day of October 2021, by the following
vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
__________________________
Mayor
ATTEST:
___________________________
City Clerk