HomeMy WebLinkAbout4.4 Zoning Ordinance Amendments for Outdoor Seating (PLPA-2022-00020)STAFF REPORT
CITY COUNCIL
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Agenda Item 4.4
DATE:August 16,2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Zoning Ordinance Amendments for Outdoor Seating (PLPA-2022-00020)Prepared by:Gaspare Annibale,Associate Planner
EXECUTIVE SUMMARY:On July 19, 2022, the City Council considered 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 from the COVID-19 pandemic. 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 City Council waived the first reading and introduced the Ordinance amending the Zoning Ordinance.The City Council is now requested to hold a second reading of the proposed Ordinance.
STAFF RECOMMENDATION:Waive the second reading and adopt the 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).
FINANCIAL IMPACT:On April 20, 2021, the City Council approved the American Rescue Plans Act Budget and established a fund to track related expenditures. The approved budget includes grant funds for eating and drinking establishments to cover the costs of time and materials associated with processing applications for outdoor seating.
DESCRIPTION: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
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economic recovery from the COVID-19 pandemic. 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), as outlined in the Ordinance provided as Attachment 1. On July 19, 2022, the City Council waived the first reading and introduced the Ordinance approving the amendments, as further described in Attachment 2.
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.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS: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)2) City Council Staff Report, dated July 19, 2022, without attachments
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Attachment 1
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 5
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-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
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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. 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.”
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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.
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 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}
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 5 of 5
PASSED, APPROVED AND ADOPTED this 16th day of August, 2022, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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STAFF REPORT
CITY COUNCIL
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Agenda Item 6.1
Attachment 2
DATE:July 19, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Zoning Ordinance Amendments for Outdoor Seating and Master Fee Schedule Amendments (PLPA-2022-00020)Prepared by:Gaspare Annibale,Associate Planner
EXECUTIVE SUMMARY:The City Council will consider 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 from the COVID-19 pandemic. The City Council will also consider adopting changes to the Master Fee Schedule pertaining to the application fees for Temporary Use Permits for temporary outdoor seating and Site Development Review Waivers for permanent outdoor seating.Additionally, the City Council will consider an exemption from the requirements of the California Environmental Quality Act.
STAFF RECOMMENDATION:Conduct a public hearing, deliberate, and: 1) waive the reading and INTRODUCE the 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 Section8.108.020 (Uses Permitted with a Temporary Use Permit);and 2) adopt the Resolution Amending the Master Fee Schedule by Extending the Application Fee for Temporary Use Permit –Temporary Outdoor Seating and Site Development Review Waiver –Permanent Outdoor Seating Until September 30, 2023.
FINANCIAL IMPACT: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 includes grant funds for eating and drinking establishments to cover the costs of time and materials associated with processing Temporary Use Permit applications for outdoor seating and Site Development Review Waivers for permanent outdoor seating. The City Council will consider amending the Master Fee Schedule to extend the current application fees for Temporary Use Permit –Temporary Outdoor
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Seating and Site Development Review Waiver – Permanent Outdoor Seating until September 30, 2023. The application fees will continue to be based on time and materials to ensure the City recovers the actual costs associated with reviewing these applications utilizing ARPA funding. These fees will be valid until the City’s ARPA budget allocation is exhausted, or until September 30, 2023, whichever occurs first. Upon the ARPA budget allocation exhaustion, the TUP and SDR Waiver application fees would revert to the existing flat fee at that time.
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.In April 2021, Staff held a roundtable meeting with restaurant owners to understand ways the City could assist with their recovery from the COVID-19 environment. Based upon the success of the COVID-19 Relief TUP program and concerns about business operations and consumer preferences related to 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 basis and on a permanent basis. The regulations for permitting outdoor seating on a long-term temporary basis are set to expire on September 30, 2022. The City Council also adopted a companion Resolution (No. 93-21) amending the Master Fee Schedule by establishing two new application fees, based on time and materials, for Temporary Use Permit – Outdoor Seating and Site Development Review Waiver – Outdoor Seating, which are valid until the City’s applicable American Rescue Plan Act (ARPA) budget allocation is exhausted, or until September 30, 2022, whichever occurs first. 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 the restaurant owners, including conducting a business survey, walking tour, and another roundtable meeting with the restaurant
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owners to understand their evolving needs. The restaurant owners continue to express overwhelming support for the City to facilitate the provision of outdoor dining on a long-term temporary basis. Some smaller users expressed concern about the size of the outdoor seating area allowed by the current regulations and requested that the City allow a certain minimum size for such areas.Proposed ProjectTo address 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 economic recovery from the COVID-19pandemic. 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). The proposed project also includes amending the Master Fee Schedule to extend the application fees for Temporary Use Permit – Temporary Outdoor Seating and Site Development Review (SDR) Waiver – Permanent Outdoor Seating, based on time and materials. AnalysisZoning Ordinance AmendmentsThe proposed Zoning Ordinance Amendments would extend the current regulations and continueto permit outdoor seating on a long-term temporary basis with the approval of a Temporary Use Permit, until September 30, 2023. This would also extend the expiration date for all existing approved Temporary Use Permits for temporary outdoor seating until September 30, 2023.The existing regulations allow temporary outdoor seating to occupy up to 20% of the required parking for an eating and drinking establishment or an equivalent area without having to provide parking for the temporary outdoor seating. To provide greater flexibility to eating and drinking establishments, the proposed Zoning Ordinance Amendments include a minor modification to allow temporary outdoor seating to occupy 20% of the required parking or a minimum twoparking spaces, whichever is greater. The remainder of the existing regulations for outdoor seating would remain unchanged.The proposed amendments would continue to facilitate temporary outdoor seating for eating and drinking establishments to aid in economic recovery as the COVID-19 pandemic continues to evolve, and concerns about business operations and consumer preferences persist. The draft Ordinance is included as Attachment 1.Fee AmendmentsThe California Constitution authorizes local governments to recover the reasonable costs of providing services. Temporary outdoor seating requires approval of a Temporary Use Permit(TUP) and permanent outdoor seating requires approval of a Site Development Review Waiver (SDRW). The current TUP application fee is $286 and the current SDRW application fee is $401. However, those fees do not recover the full cost to process an application and instead require a General Fund subsidy. The actual cost of Staff from Planning, Building, Public Works, and Fire Prevention to review a TUP
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for outdoor seating is estimated to be approximately $1,631 and the cost to review an SDRW for permanent outdoor seating is estimated to range from $2,929 to $4,529. These costs are eligible for reimbursement through the American Rescue Plans Act (ARPA) Budget. In April 2021, the City established an ARPA funded grant program to pay these application fees on behalf of eating and drinking establishment owners. Staff recommends extending the existing application fees that aredue to expire on September 30, 2022, to recover the City’s full cost. The proposed fees would be valid until the City’s ARPA budget allocation is exhausted, or until September 30, 2023, whichever occurs first. Upon the ARPA budget allocation exhaustion, the TUP and SDR Waiver application fees would revert to the existing flat fee at that time. The draft Resolution, amending the Master Fee Schedule for outdoor seating is 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 City Council will consider finding the proposed Zoning Ordinance Amendments 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. The City Council will also consider finding the proposed Master Fee Schedule Amendments exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15378(b)(4) because revising fees is not a project and, therefore, is exempt from the requirements of CEQA.
PLANNING COMMISSION REVIEW: On June 28, 2022, the Planning Commission held a public hearing to consider the proposed Zoning Ordinance Amendments and unanimously adopted Resolution No. 22-10 (Attachment 3), recommending the City Council adopt amendments to the Zoning Ordinance to continue to facilitate outdoor seating for eating and drinking establishments on a long-term temporary basis.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:In accordance with State law, a public notice was published in the East Bay Times on July 9, 2022,
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and July 14, 2022, and posted at several locations throughout the City. The City Council Agenda was posted.
ATTACHMENTS: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)2) Resolution Amending the Master Fee Schedule by Extending the Application Fee for Temporary Use Permit – Temporary Outdoor Seating and Site Development Review Waiver –Permanent Outdoor Seating Until September 30, 20233) Planning Commission Resolution No. 22-10
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