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HomeMy WebLinkAbout8.1 Citywide Outdoor Seating Design Guidelines (PLPA-2023-00024)r DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 8.1 DATE: September 19, 2023 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT: Citywide Outdoor Seating Design Guidelines (PLPA-2023-00024) Prepared by: Gaspare Annibale, Associate Planner EXECUTIVE SUMMARY: The City Council will consider approving Citywide Outdoor Seating Design Guidelines. The proposed Design Guidelines will help to facilitate the design of permanent outdoor seating within parking lots for eating and drinking establishments. STAFF RECOMMENDATION: Adopt the Resolution Approving the Citywide Outdoor Seating Design Guidelines. FINANCIAL IMPACT: The cost associated with preparing the Citywide Outdoor Seating Design Guidelines includes staff time and is covered in the Fiscal Year 2023-24 Adopted Budget. DESCRIPTION: Background 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). This Ordinance provided the City Manager with authority to waive certain Zoning Ordinance requirements and/or standards to facilitate business operations impacted by public health orders of the federal, state, or county government designed to slow transmission of the 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. This included a TUP to allow temporary outdoor seating for eating and drinking establishments. Ordinance No. 08-20 remained in effect for one year from adoption and expired on June 16, 2021. Page 1 of 4 105 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 Zoning Ordinance Amendments to relax the development standards for permanent outdoor seating and to continue to allow temporary outdoor seating. This included amendments to the Permitted and Conditionally Permitted Land Uses (Section 8.12.050), Parking Requirements by Use Type (Section 8.76.080), Site Development Review (Section 8.104.030), and Uses Permitted with a Temporary Use Permit (Section 8.108.020). This amendment allowed temporary outdoor seating to continue until September 30, 2022. During the spring of 2022, Staff conducted outreach to restaurant owners. This effort included a business survey, walking tour, and another roundtable to understand the restaurants' evolving needs and how the City could assist them. Restaurant owners continued to express overwhelming support for the City to facilitate outdoor dining on a long-term temporary basis. On August 16, 2022, the City Council adopted Ordinance No. 09-22 approving amendments to the DMC to again extended the regulations and allow temporary outdoor seating to continue through September 2023. California's COVID-19 State of Emergency expired on February 28, 2023, and the federal Public Health Emergency (PHE) for COVID-19 expired on May 11, 2023. Similarly, the provisions of the DMC allowing outdoor seating on a long-term temporary basis will expire on September 30, 2023. Most of the temporary outdoor seating within parking lots have been removed. In the spring of 2023, Staff performed additional outreach to restaurant operators still conducting business with outdoor seating permitted under a TUP. Those surveyed with temporary outdoor seating in parking lots have expressed interest in continuing to have the ability to keep outdoor seating in their parking lots on a permanent basis. Historically, permanent outdoor seating in Dublin has occurred in areas outside of parking lots that are designed for such use. Permanent outdoor seating within parking lots is permitted subject to a Site Development Review Permit provided that it complies with development regulations (including parking requirements). To assist these restaurant operators and to ensure high quality design for outdoor seating within parking lots, Staff is proposing to establish Citywide Outdoor Seating Design Guidelines. Analysis The purpose of the Citywide Outdoor Seating Design Guidelines is to ensure that outdoor seating within parking lots is aesthetically pleasing, provides a high -quality environment for patrons and is appropriately designed for the location. The proposed Design Guidelines are intended to provide design direction that encourages creative design while enriching the community of Dublin. Page 2 of 4 106 The Citywide Outdoor Seating Design Guidelines include four criteria that will be considered upon a restaurant operator seeking to establish outdoor seating within a parking lot on a permanent basis. These include Location, Colors and Materials, Design, and Amenities. These Guidelines supplement existing development standards and regulations described in the DMC. If there is a conflict between these Guidelines and other regulations, the more restrictive standard shall apply. Outdoor seating within parking lots is subject to review and approval of a Site Development Review Permit. Deviation from these Design Guidelines is subject to discretionary review by the Community Development Director, unless determined to be minor and approved by way of an SDR Waiver. Allowing flexibility through a discretionary SDR shall not be construed as allowing inferior quality and character of the project design. On April 20, 2021, the City Council approved the American Rescue Plans Act (ARPA) Budget and established a fund to track related expenditures. The approved budget covers the Site Development Review Permit application fee for permanent outdoor seating. This fee is based on time and materials to ensure the City recovers the actual costs associated with reviewing SDR permits for permanent outdoor seating. Per the Master Fee Schedule, the fee is valid until the City's applicable ARPA budget allocation is exhausted or September 30, 2023, whichever occurs first. However, there is currently sufficient ARPA funding remaining to cover costs associated with outdoor seating beyond September 30, 2023. The City of Dublin User Fee Cost Recovery Policy provides authority to the City Manager to exempt or reduce fees where it is in the City' s best interest to do so, and in accordance with business need. Therefore, to continue meeting the business needs of restaurants and assist businesses in establishing permanent outdoor seating, the available ARPA funding can be managed under this policy. The draft resolution approving the Design Guidelines is included as Attachment 1 with the Design Guidelines included as Attachment 2 to this Staff Report. 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. The proposed Citywide Outdoor Seating Design Guidelines are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that they would not have a significant effect on the environment and are not subject to CEQA review. PLANNING COMMISSION REVIEW: On July 25, 2023, the Planning Commission unanimously adopted Resolution No. 23-05 (Attachment 3), recommending the City Council adopt the Citywide Outdoor Seating Design Guidelines. STRATEGIC PLAN INITIATIVE: None. Page 3 of 4 107 NOTICING REQUIREMENTS/PUBLIC OUTREACH: Staff performed outreach to restaurant owners in the spring and summer of 2023. The outreach included sending letters to restaurants and a roundtable meeting with the restaurant owners still conducting outdoor seating under a TUP to present the Citywide Outdoor Seating Design Guidelines. There were no major concerns raised with the proposed Design Guidelines and interest was expressed in continuing to provide outdoor seating within parking lots on a permanent basis. The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving the Citywide Outdoor Seating Design Guidelines 2) Exhibit A to Attachment 1- Citywide Outdoor Seating Design Guidelines 3) Planning Commission Resolution No. 23-05 Recommending City Council Approval Page 4 of 4 108 Attachment I RESOLUTION NO. XX-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE CITYWIDE OUTDOOR SEATING DESIGN GUIDELINES PLPA-2023-00024 WHEREAS, the provisions for temporary outdoor seating in parking lots expire on September 30, 2023; and WHEREAS, some restaurant operators have expressed interest in continuing to allow outdoor seating areas in parking lots on a permanent basis; and WHEREAS, Citywide Outdoor Seating Design Guidelines ("Design Guidelines") have been prepared to ensure that outdoor seating in parking lots provide a high -quality environment that appropriately addresses location, colors/materials, platform design, and amenities; and WHEREAS, the Design Guidelines are intended to provide design guidance that encourages creativity and enriches the community of Dublin; and WHEREAS, 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; and WHEREAS, the City Council find this project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that they would not have a significant effect on the environment; and WHEREAS, the Planning Commission considered the proposed Citywide Outdoor Seating Design Guidelines, on July 25, 2023; and WHEREAS, on July 25, 2023, the Planning Commission adopted Resolution No. 23-05 recommending City Council approval of the Citywide Outdoor Seating Design Guidelines; and WHEREAS, a Staff Report dated September 19, 2023, and incorporated herein by reference, described the Design Guidelines, for the City Council; and WHEREAS, the City Council did hear and consider all such reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby approve the Citywide Outdoor Seating Design Guidelines. {Signatures on the following page} Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 109 PASSED, APPROVED AND ADOPTED this 19th day of September 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 110 ATTACHMENT 2 Citywide Outdoor Seating Design Guidelines City of Dublin September 2023 111 CALIFORNIA Purpose The purpose of the Citywide Outdoor Seating Design Guidelines is to ensure that outdoor seating within parking lots is aesthetically pleasing, provides a high -quality environment for patrons and is appropriately designed for the location. The Design Guidelines provides a framework intended to provide design direction for restaurant operators and design professionals while encouraging innovation and creativity. Goals • Aesthetically pleasing design • Provide a high -quality environment for patrons • Appropriate design for the location • Encourage creative design while enriching the community of Dublin Applicability The Outdoor Seating Design Guidelines apply to outdoor seating located within parking lots. These Design Guidelines supplement existing development standards and regulations described in the Dublin Municipal Code (DMC). If there is a conflict between these Design Guidelines and other regulations, the more restrictive standard shall apply. Outdoor seating within parking lots is subject to Site Development Review (SDR) in accordance with the DMC Chapter 8.104. Deviation from these Design Guidelines is subject to discretionary review by the Community Development Director, unless determined to be minor and approved by way of a SDR Waiver. Allowing flexibility through a discretionary SDR shall not be construed as allowing inferior quality and character of the project design. VT DUBLIN CALIFORNIA 114 We are here to help! Applicants are encouraged to contact the Community Development Department prior to submitting a formal application to discuss the preliminary design of the project. This will help the applicant determine if the proposal is consistent with the Design Guidelines and Zoning Ordinance requirements, helping to save time and resources. I . Location • Parking spaces on private property immediately adjacent to restaurant. • Located in areas that are not adjacent to red zones/fire hydrants. • Keep utility access points accessible. • Maintain drive aisles, accessible parking spaces, and pedestrian paths of travel. 1/1 116 2. Colors & Materials • Colors and materials that showcase innovation and creativity are encouraged. • Use high -quality, durable materials that provide an attractive design. • Umbrellas and other shade materials should be limited to a maximum of two colors and not include product names or advertising. 111,11111"1,111'111,ti,� 3. Design • Provide a solid barrier to separate outdoor seating from parking spaces and drive aisles. Examples include, but are not limited to: — Solid walls — Planter boxes • The surface of outdoor seating areas shall be made flush with the adjacent walkway grade. 118 CALIFORNIA 4.Amenities • Lighting. Provide lighting to enhance the nighttime environment for patrons. — string lighting is encouraged (spotlights and illumination for advertising are prohibited). • Furniture. Furnishings shall be coordinated and be made of high - quality materials (heaters may require approval by the Fire Department). • Shade. Provide a solid roof, trellis, or fire-resistant sails or umbrellas. — Tents are not permitted. 119 CALIFORNIA Fore more information, contact the Planning Division planningpermits @dublin.ca.gov 925-833-6610 • 120 Attachment 3 RESOLUTION NO. 23-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF THE CITYWIDE OUTDOOR SEATING DESIGN GUIDELINES PLPA-2023-00024 WHEREAS, the provisions for temporary outdoor seating expire on September 30, 2023; and WHEREAS, some restaurant operators have expressed interest in continuing to allow outdoor seating in parking lots on a permanent basis; and WHEREAS, Citywide Outdoor Seating Design Guidelines ("Design Guidelines") have been prepared to ensure a high -quality environment is provided that appropriately addresses location, colors/materials, design, and amenities for outdoor seating within parking lots; and WHEREAS, the Design Guidelines are intended to provide design direction that encourages creativity and enriches the community of Dublin; and WHEREAS, 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; and WHEREAS, the Planning Commission recommends that the City Council find this project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that they would not have a significant effect on the environment; and WHEREAS, the Planning Commission held a public hearing on the proposed Design Guidelines on July 25, 2023; and WHEREAS, the Planning Commission agenda was posted; and WHEREAS, a Staff Report dated July 25, 2023, was submitted to the City of Dublin Planning Commission recommending City Council approval of the proposed Citywide Outdoor Seating Design Guidelines; 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. Reso. No. 23-05, Item 8.1, Adopted 07/25/2023 Page 1 of 2 121 BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend that the City Council adopt the Citywide Outdoor Seating Design Guidelines attached hereto as Exhibit A, and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 25th day of July 2023, by the following vote: AYES: Aini, Grier, Thalblum, Tyler, Wright NOES: ABSENT: ABSTAIN: ATTEST: DocuSigned by: rGFiy l.Jb� 4 l.4r t.. AssistantCorrimunity Development Director FDocuSigned by: t"' D.!lbjr Planning Commission Chair Reso. No. 23-05, Item 8.1, Adopted 07/25/2023 Page 2 of 2 122 Citywide Outdoor Seating Design Guidelines City Council Meeting September 19,2023 II DUBLIN CALIFORNIA 123 Bac <ground • COVID-I9 ReliefTemporary Use Permit — Temporary Outdoor Seating • Relaxed development standards for permanent outdoor seating • Roundtable meetings w/ restaurant owners • Temporary outdoor seating regulations expire on September 30, 2023 Bac <ground • Outdoor seating subject to Site Development Review — Typically incorporated in areas outside of parking lots • Continued interest in outdoor seating within parking lots • Outdoor Seating Design Guidelines for seating in parking lots — Help facilitate implementation — Ensure high quality design Design Guidelines Goals • Aesthetically pleasing • Provide a high -quality environment for patrons • Appropriate design for the location • Encourage creative design while enriching the community of Dublin Design Guidelines • Design criteria for outdoor seating in parking lots: I . Location 2. Colors & Materials 3. Design 4. Amenities Location • Immediately adjacent to restaurant • Not adjacent to red zones/fire hydrants • Ensure utility access points remain accessible • Maintain drive aisles, accessible parking spaces, and pedestrian paths of travel Colors & Materials • Innovation and creativity encouraged • High quality and durable materials • Umbrellas/shade materials: - two colors max. - product names or advertising not permitted Design • Provide a solid barrier: — Solid walls — Planter boxes • Surface of outdoor seating areas shall be made flush with the adjacent walkway grade Amenities • Lighting. Provide lighting to enhance the nighttime environment • Furniture. Furnishings shall be coordinated and be made of high -quality materials • Shade. Provide a solid roof, trellis, or fire-resistant sails or umbrellas — tents are not permitted App icabi ity • Subject to Site Development Review • Deviation from the Design Guidelines is subject to review • Approved through an SDRWaiver Recommendation • Adopt the Resolution Approving the Citywide Outdoor Seating Design Guidelines