HomeMy WebLinkAboutOrd 09-22 Approving Amendments to Dublin Municipal Code Section 8.12.050, Section 8.76.080, and Section 8.108.020 for PLPA-2022-00020Ord. No. 09-22, Item 4.4, Adopted 08/16/2022 Page 1 of 5
ORDINANCE NO. 09-22
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), AND SECTION 8.108.020 (USES
PERMITTED WITH A TEMPORARY USE PERMIT)
EFFECTIVE CITY-WIDE
PLPA-2022-00020
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. 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.
B. 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).
C. 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.
D. The waiver of certain Zoning Ordinance requirements remained in effect for one year from
adoption and expired on June 16, 2021.
E. 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 regulations.
F. On August 17, 2021, the City Council adopted Ordinance No. 07-21 approving
amendments 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 Section 8.108.020 (Uses Permitted with a Temporary
Use Permit) to permit outdoor seating on a long-term temporary and permanent basis.
Ord. No. 09-22, Item 4.4, Adopted 08/16/2022 Page 2 of 5
G. During the spring of 2022, Staff performed additional outreach to restaurant owners,
including a business survey, walking tour and another roundtable meeting to understand
their evolving needs and how the City could assist them. The restaurant owners continue
to express overwhelming support for the City to facilitate the ability to provide outdoor
dining on a long-term temporary basis.
H. The provision of Ordinance No. 07-21 permitting outdoor seating on a long-term temporary
basis will expire on September 30, 2022.
I. The COVID-19 pandemic continues to evolve along with efforts to slow the spread of the
virus, and concerns about business operations and consumer preferences persist.
J. The City has initiated amendments to the Zoning Ordinance to continue to facilitate
outdoor seating on a long-term temporary basis.
K. 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), and Section 8.108.020 (Uses Permitted with a Temporary
Use Permit).
L. The Planning Commission held a duly noticed public hearing on June 28, 2022, during
which all interested persons were heard, and adopted Resolution No. 22-10
recommending City Council adoption of the proposed Zoning Ordinance Amendments.
M. A Staff Report was submitted to the Dublin City Council recommending approval of the
proposed Zoning Ordinance Amendments.
N. The City Council held a public hearing on the proposed Zoning Ordinance Amendments
on July 19, 2022, at which time all interested parties had the opportunity to be heard.
O. Proper notice of said hearing was given in all respects as required by law.
P. 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 project.
SECTION 2. FINDINGS
A. Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby
finds that the Zoning Ordinance Amendments are consistent with the General Plan and
any applicable Specific Plan in that the amendments are necessary to facilitate temporary
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.”
Ord. No. 09-22, Item 4.4, Adopted 08/16/2022 Page 3 of 5
SECTION 3.
A. 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 4.
A. 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 to add the following row to the table of
Commercial Use Types:
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 –
Temporary
- - - - TUP TUP TUP TUP TUP TUP -
Subsection D of Section 8.76.080 (Parking Requirements by Use Type) of Title 8
of the Dublin Municipal Code is amended to add the following in alphabetical order
COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Outdoor Seating – Temporary
None
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 the remainder of this subsection shall be re-lettered:
N. Outdoor Seating - Temporary. Outdoor Seating - Temporary may be permitted,
subject to the following conditions:
1. Temporary outdoor seating is permitted until September 30, 2023. The
expiration date of all existing approved Temporary Use Permits for temporary outdoor
seating are extended to September 30, 2023.
Ord. No. 09-22, Item 4.4, Adopted 08/16/2022 Page 4 of 5
2. Temporary outdoor seating may occupy up to 20 percent of the required
parking for that Eating and Drinking Establishment or two parking spaces, whichever is
greater.
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 or the area of two parking spaces, whichever is
greater.
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.
c. If a business utilizes more than one tent, canopy, or shade structure,
they should be of uniform color and design.
SECTION 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30)
days following its final adoption and shall remain in effect until September 30, 2023.
SECTION 6. Severability. The provision 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 circumstance, 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 7. 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.
{Signatures on the following page}
Ord. No. 09-22, Item 4.4, Adopted 08/16/2022 Page 5 of 5
PASSED, APPROVED AND ADOPTED this 16th day of August 2022, by the
following vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk