HomeMy WebLinkAboutItem 6.1 Zoning Ordinance Amendments for Outdoor Seating (PLPA-2022-00020)STAFF REPORT
PLANNING COMMISSION
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Agenda Item 6.1
DATE:June 28, 2022
TO:Planning Commission
SUBJECT:Zoning Ordinance Amendments for Outdoor Seating (PLPA-2022-00020)Prepared by:Gaspare Annibale,Associate Planner
EXECUTIVE SUMMARY:The Planning Commission will consider and make a recommendation to the City Council regarding City-initiated amendments to the Zoning Ordinance to continue to facilitate outdoor seating for eating and drinking establishments on a long-term temporary basis to aid in the economic recovery post-COVID-19. Amendments are proposed 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).The Planning Commission will also consider and make a recommendation to the City Council regarding an exemption from the requirements of the California Environmental Quality Act.
STAFF RECOMMENDATION:Conduct a public hearing, deliberate, and adopt the Resolution Recommending City CouncilApproval of 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 Section8.108.020 (Uses Permitted with a Temporary Use Permit).
DESCRIPTION:BackgroundOn 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). 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.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.
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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 seating on both a long-term temporary and permanent basis through relaxed regulations. 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. The regulations for permitting outdoor seating on a long-term temporary basis are set to expire on September 30, 2022. Since the establishment of the COVID-19 Relief TUP program, the City has approved 47 TUP applications for eating and drinking establishments on a long-term temporary basis. During the spring of 2022, Staff performed additional outreach to restaurant owners. This outreach included a business survey, walking tour and another roundtable meeting with the restaurant owners 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. Some smaller users also expressed concern about the limited size of the outdoor seating area allowed by the current regulations and requested that the City allow a certain minimum size for outdoor seating areas.Proposed ProjectIn order to facilitate the needs of the business community, the City has initiated amendments to the Zoning Ordinance to continue to facilitate outdoor seating for eating and drinking establishments on a long-term temporary basis to aid in the economic recovery post-COVID-19. The proposed amendments would extend the existing regulations until September 30, 2023 and add a minimum size for the outdoor seating area. Amendments are proposed 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).AnalysisThe Zoning Ordinance (Section 8.108.020.N) includes regulations that allow temporary outdoor seating that meets established development standards with approval of a Temporary Use Permit (TUP). The current regulations for temporary outdoor seating expire on September 30, 2022. The proposed Zoning Ordinance Amendment would extend those existing regulations for temporary outdoor seating until September 30, 2023. This would also extend the expiration date for all existing approved Temporary Use Permits that were issued for temporary outdoor seating for one year until September 30, 2023.The current regulations allow temporary outdoor seating to occupy up to 20 percent of the required parking for an eating and drinking establishment or an equivalent area without having to
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provide parking for the temporary outdoor seating. To provide greater flexibility to eating and drinking establishments, the proposed Zoning Ordinance Amendment includes a minor modification to establish a minimum size for the temporary outdoor seating area. The proposed amendment would allow temporary outdoor seating to occupy 20 percent of the required parking or a minimum two parking spaces, whichever is greater. Any associated tents, canopies, and shade structures would continue to be subject to review and approval by the Planning Division, Building Division, and Fire Prevention.A Planning Commission Resolution recommending the City Council adopt the proposed amendments is included as Attachment 1, with the draft Ordinance included as Attachment 2.Consistency with the General Plan, Specific Plans, and Zoning OrdinanceThe proposed Zoning Ordinance Amendments are consistent with the General Plan and anyapplicable specific plan in that the amendments are necessary to facilitate outdoor seating for eating and drinking establishments to facilitate business operations and aid in economic recovery post-COVID-19. Specifically, General Plan Goal 11.6.1 call 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.”
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. The proposed Zoning Ordinance Amendments 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.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:Staff performed outreach to restaurant owners in the spring of 2021 and 2022. This outreachincluded a business survey, walking tour and roundtable meetings with the restaurant owners to understand their evolving needs and how the City could assist them.In accordance with State law, a public notice was published in the East Bay Times and posted at several locations throughout the City. Additionally, the Planning Commission Agenda was posted.
ATTACHMENTS:
1) Resolution Recommending City Council Approval of 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)
2)Exhibit A to Attachment 1 – Ordinance 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)
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 3
RESOLUTION NO. 22-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF 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-2021-00024
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,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 seating on both a long-term temporary and
permanent basis through relaxed regulations; and
WHEREAS,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; and
WHEREAS,the provision of Ordinance No. 07-21 permitting outdoor seating on a long-
term temporary basis will expire on September 30, 2022; and
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Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 3
WHEREAS, 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; and
WHEREAS,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;
and
WHEREAS, the City has initiated amendments to the Zoning Ordinance to continue to
facilitate outdoor seating on a long-term temporary basis; and
WHEREAS, 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); and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 28, 2022,
during which all interested persons were heard; and
WHEREAS, a Staff Report was submitted to the Dublin Planning Commission
recommending approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and
incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 28th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
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Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 3
ATTEST:
Assistant Community Development Director
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Attachment 2
Exhibit A to Attachment 1
ORDINANCE NO. XX-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-2021-00024
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
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 5
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.
G. The provisions of Ordinance No. 07-21 permitting outdoor seating on a long-term
temporary basis will expire on September 30, 2022.
H. 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.
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-XX
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 ______, 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.”
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 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.
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.
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 4 of 5
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.
PASSED, APPROVED AND ADOPTED this __th day of _______ 2022, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 5 of 5
Mayor
ATTEST:
_________________________________
City Clerk
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