HomeMy WebLinkAboutOrd 07-20 Urgency Ordinance Authorizing the City Manager to Waive Certain Zoning Ordinance Requirements for Businesses Affected by COVID-19Ord No. 07-20, Item 6.5, Adopted 06/02/20 Page 1 of 4
URGENCY ORDINANCE NO. 07 - 20
AN URGENCY 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 PUBLIC HEALTH ORDERS
WHEREAS, on March 1, 2020, the Alameda County Health Officer declared a public health
emergency; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom issued a State of
Emergency Proclamation for the State of California; and
WHEREAS, on March 16, 2020, the Alameda County Health Officer issued an order
directing all individuals living in the County to shelter at their place of residence, subject to certain
exceptions; and
WHEREAS, on March 16, 2020, the Dublin City Manager, acting as the Director of
Emergency Services, proclaimed the existence of a local emergency within the City of Dublin
pursuant to Dublin Municipal Code Chapter 2.44.060(A); and
WHEREAS, on March 18, 2020, the City Council at a special City Council meeting, ratified
and extended the proclamation of existence of a local emergency; and
WHEREAS, on March 19, 2020, the Governor of California issued a stay-at-home order to
protection the health and well-being of all Californians and slow the spread of COVID-19; and
WHEREAS, on March 31, 2020, the Alameda County Health Officer issued an order
extending the shelter in place to May 3, 2020; and
WHEREAS, on April 13, 2020, the Director of Emergency Services fully activated the
Emergency Operations Center virtually at Level 3 (Response Level) to coordinate the City’s
response to the COVID-19 pandemic; and
WHEREAS, on April 29, 2020, the Alameda County Health Officer issued an order
extending the shelter in place to May 31, 2020; and
WHEREAS, on May 5, 2020, the City Council reaffirmed and revised the proclamation of
existence of a local emergency; and
WHEREAS, during this time of shelter in place, self-isolation, and other social distancing,
many business owners are experiencing substantial losses of business income as a result of
business closures or the loss of hours, hindering their economic ability to sustain their business
including, payment of rent or maintenance of employees on payroll; and
WHEREAS, many business owners in these circumstances may face possible evictions,
layoffs, or be forced to permanently close as a result of the pandemic; and
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Ord No. 07-20, Item 6.5, Adopted 06/02/20 Page 2 of 4
WHEREAS, businesses 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 shelter in place order restrictions are beg inning to ease, staff
expects that certain businesses, such as restaurants and retail businesses, will continue to be
affected by social distancing requirements; and
WHEREAS, the Zoning Ordinance allows outdoor seating for restaurants subject to
approval of a Site Development Review Waiver and outdoor display of merchandise for retail
businesses 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
Council adopt an urgency 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, California Government Code Section 36937 authorizes the City Council to
introduce and adopt an ordinance it declares to be necessary as an emergency measure to
preserve the public peace, health and safety at one and the same meeting if passed by at least a
four-fifths affirmative vote; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 26, 2020,
during which all interested persons were heard, and adopted Resolution No. 20-11 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 June 2, 2020, 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.
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Ord No. 07-20, Item 6.5, Adopted 06/02/20 Page 3 of 4
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 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: Urgency Findings and Declaration. The City Council finds and declares that there
is a current and immediate threat to public health, safety and/or welfare, and this Urgency
Ordinance must be adopted as an urgency matter necessary for the immediate preservation of
the public peace, health, and safety. This finding is based upon the facts set forth and referenced
herein, including the Recitals above, the staff report, any oral and written testimony at the June 2,
2020 City Council meeting, and the entirety of the record before the City Council. In addition, the
following facts and circumstances support such necessity:
The pandemic and public health orders designed to reduce the virus’s spread have had a
significant impact on the economy of the City, requiring the closure of numerous busi ness.
This Urgency Ordinance will facilitate the prompt reopening of businesses impacted
consistent with anticipated public health orders thereby ameliorating economic impacts on
the economy. It is designed to reduce and slow the transmission of COVID-19 by facilitating
required social distancing between and among patrons and employees; and to promote
economic business stability and prevent business closures during the COVID-19 pandemic
by streamlining the process for certain Zoning Ordinances waivers to enable business
operations in a manner that complies with social distancing orders and protocols.
Based on said findings, facts and circumstances, the City Council finds that this Urgency
Ordinance should be adopted as an urgency measure for the immediate preservation of the public
peace, health and safety, and that it is necessary that this Urgency Ordinance should go into
effect as described below.
SECTION 4: 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 5: 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.
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Ord No. 07-20, Item 6.5, Adopted 06/02/20 Page 4 of 4
SECTION 6: Effective Date. Following adoption by at least a four-fifths vote of the City Council,
this Ordinance shall take effect and be enforced immediately, and shall remain in effect for one
(1) year from the date of adoption or until repealed by City Council, whichever occurs first.
SECTION 7: Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
published or posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
2nd day of June 2020, by the following votes:
AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
_______________________________
City Clerk
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