HomeMy WebLinkAbout6.1 - Outdoor Seating Zoning Ordinance Amendments (PLPA-2021-00024)STAFF REPORT
PLANNING COMMISSION
Page 1 of 3
Agenda Item 6.1
DATE:June 22, 2021
TO:Planning Commission
SUBJECT:Outdoor Seating Zoning Ordinance Amendments (PLPA-2021-00024)Prepared by:Michael P. Cass, Principal 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 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. 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), Section 8.104.030 (Site Development Review Waiver), 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), Section 8.104.030 (Site Development Review Waiver), and Section 8.108.020 (Uses Permitted with a Temporary Use Permit).
DESCRIPTION:BackgroundPursuant to the Dublin Municipal Code (DMC), “the term Outdoor Seating shall mean outdoor seating for the purposes of dining for patrons of an Eating and Drinking Establishment.” There is no required parking for the first 12 outdoor seats, while the parking requirement for 13 or more seats is one space per three seats. No parking is required for outdoor seating in the DowntownDublin Specific Plan area. Approval of a Site Development Review Waiver is required for outdoor seating.On June 16, 2020, the City Council adopted Ordinance No. 08-20 approving an amendment to 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
13
Page 2 of 3
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.The City approved 41 COVID-19 Relief TUP applications for temporary outdoor seating associated with an eating and drinking establishment, including 23 businesses that installed outdoor seating in parking spaces. The median number of parking spaces used for outdoor seating was five spaces, while the average number of parking spaces was 7.2. Attachment 1 includes a table summarizingthe 41 businesses that obtained a COVID-19 Relief TUP for outdoor seating.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. Proposed ProjectThe City has initiated 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. Amendments are proposed 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).AnalysisThe proposed long-term temporary amendments include permitting outdoor seating within parking spaces, until September 30, 2022, with approval of a Temporary Use Permit. The temporary outdoor seating could occupy up to 20 percent of the required parking for an eating and drinking establishment or an equivalent area without having to provide parking for the temporary outdoor seating. Any associated tents, canopies, and shade structures are subject to review and approval by the Planning Division, Building Division, and Fire Prevention.In addition, amendments are proposed to existing regulations for permanent outdoor seating to increase the number of seats allowed without providing additional parking spaces from 12 seats to 20 seats, and to reduce the parking requirement for outdoor seating with more than 20 seats from one space per three seats to one space per four seats. Approval of a Site Development Review Waiver would continue to be required for permanent outdoor seating. The proposed amendments would facilitate outdoor seating for eating and drinking establishments to aid in economic recovery post-COVID-19. They are intended to assist eating and drinking establishments during this transition period.
14
Page 3 of 3
Please refer to Attachment 1 for a redlined version of proposed changes where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted. A Planning Commission Resolution recommending the City Council adopt the proposed amendments is included as Attachment 2, with the draft Ordinance included as Attachment 3).Consistency with the General Plan, Specific Plans, and Zoning OrdinanceThe proposed Zoning Ordinance Amendments are consistent with the General Plan and all applicable specific plans in that the amendments are necessary to facilitate outdoor seating for eating and drinking establishments to 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: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) COVID-19 Relief Temporary Use Permits for Outdoor Seating Table2) Proposed Redlines3) Resolution Recommending City Council Approval4) Exhibit A to Attachment 3 – Ordinance Approving Amendments
15