HomeMy WebLinkAbout070621-08.1 ADMINISTRATIVE STAFF REPORT 8.1
TO: Mayor and Town Council July 6, 2021
SUBJECT: Ordinance No. 2021-02, an urgency ordinance temporarily suspending
outdoor seating limitations for restaurant uses within the Town of
Danville, authorizing extension of temporary land use permits and
extending street closures with a waiver of Danville Ordinance No. 96-10
BACKGROUND
In May 2020, the Town began issuing Temporary Land Use Permits (TLUP) to allow
existing businesses to expand outdoors in a manner that met social distancing
requirements for COVID-19, as determined by the County Health Services, the State, or
Center for Disease Control and Prevention. This included use of private or public
property for expansion of outdoor restaurant seating, personal services, and fitness
studios. These permits were issued administratively and allowed business to operate at
no more than 100% of their pre-pandemic capacities. All these TLUPs are set to expire on
August 1, 2021.
Effective June 15, 2021, the state lifted all regulations related to indoor use capacities and
social distancing, allowing all restaurants to operate indoors at 100% of their pre-
pandemic seating levels.
During the Town Council meeting of June 15, 2021, the Council discussed the status of
the TLUPs, and directed staff to prepare an Urgency Ordinance which would extend the
TLUP approvals until January 3, 2022. The primary effect of the Urgency Ordinance
would be to allow restaurants to operate above the pre-pandemic capacities without the
enforcement of otherwise applicable parking limitations and requirements such as off-
site parking in-lieu fees.
EVALUATION
Ordinance No. 2021-02 would temporarily suspend Danville Municipal Code Section 32-
45.34.m. (Downtown Business District Ordinance), suspending the requirement to pay
the Town’s off-site parking in-lieu fee. Under the current ordinance, any portion of the
outdoor seating area which exceeds 25 percent of the gross interior area of a restaurant is
subject to the fee.
Temporary Outdoor
Seating Ordinance 2021-02 2 July 6, 2021
For those restaurants not located in the Downtown Business District, the proposed
ordinance would also suspend site specific parking requirements contained within
various P-1; Planned Unit Development zoning districts for shopping centers outside of
the downtown business district area.
Finally, the proposed ordinance would authorize the Town to extend and issue new
TLUPs for expanded outdoor seating areas for restaurants in good standing with the
Town, and direct the Town to add the following conditions of approval to the list of
previously issued conditions of approval:
1. Outdoor music and entertainment is permitted without amplification. Any
proposed outdoor amplified music and entertainment must receive approval from
the Chief of Planning.
2. Unless otherwise approved, all garbage bins shall be located within approved
garbage enclosures. Garbage bin areas, enclosures, and pick-up areas shall be
maintained to allow easy access by the garbage collection provider. No garbage
shall be kept in public parking lots or in the public right-of-way or placed in
locations that cause impacts to neighboring businesses.
3. The Town shall have the authority to remove or alter parklets, at the business
owner’s expense, as needed to maintain public safety.
4. Failure to comply with these conditions of approval may result in the immediate
revocation of the temporary Land Use Permit.
Normally, the process to adopt an ordinance requires two readings of the ordinance, with
the effective date being 30 days after the second reading. However, Government Code
Section 36937(b) provides that an ordinance may be adopted with one reading and
become effective immediately under the following circumstances:
• The ordinance is “for the immediate preservation of the public peace, health or
safety, containing a declaration of the facts constituting the urgency…”; and
• The ordinance is passed by a 4/5s vote of the Council.
The draft ordinance contains detailed findings that explain the need for the ordinance to
immediately preserve the public peace, health and safety. Therefore, if the Town Council
adopts the proposed ordinance by a 4/5s vote, it will become effective immediately.
PUBLIC CONTACT
Notice of this hearing was published in a newspaper of general circulation. All TLUP
applicants were notified as well as businesses located adjacent to parklets in historic
downtown Danville. Posting of the meeting agenda serves as notice to the general public.
If adopted, a copy of the ordinance will be published within 15 days.
Temporary Outdoor
Seating Ordinance 2021-02 3 July 6, 2021
RECOMMENDATION
Adopt and read by title only Ordinance No. 2021-02, an urgency ordinance temporarily
suspending outdoor seating limitations for restaurant uses within the Town of Danville,
authorizing extension of temporary land use permits and extending street closures with
a waiver of Danville Ordinance No. 96-10.
Prepared by:
David Crompton
Chief of Planning
Reviewed by:
Tai J. Williams
Assistant Town Manager
Attachment: Ordinance No. 2021-02
ORDINANCE NO. 2021-02
AN URGENCY ORDINANCE TEMPORARILY SUSPENDING OUTDOOR
SEATING LIMITATIONS FOR RESTAURANT USES WITHIN THE TOWN OF
DANVILLE, AUTHORIZING EXTENSION OF TEMPORARY LAND USE PERMITS
AND EXTENDING STREET CLOSURES WITH A WAIVER OF DANVILLE
ORDINANCE NO. 96-10
The Danville Town Council does ordain as follows:
SECTION 1. FINDINGS.
In enacting this ordinance, the Town Council makes the following findings:
1. With the onset of the COVID-19 pandemic, the State of California declared a state
of emergency on March 4, 2020. The Town of Danville declared a local state of
emergency on March 17, 2020. Both of those declarations remain in effect.
2. As a means of slowing the spread of the COVID-19 virus and protecting public
health, the State of California and Contra Costa County adopted regulations
limiting or prohibiting indoor seating and service for restaurants.
3. To protect the public health and assist local restaurants in continuing to operate,
the Town began issuing Temporary Land Use Permits (TLUPs) in May 2020,
allowing restaurants to create or expand outdoor seating, up to 100% of their
overall seating capacity prior to the pandemic. For those properties without the
ability to expand their outdoor seating on private property, the Town also
authorized the installation of “Parklets” in the public right-of-way.
4. The TLUPs were issued by the Town’s Chief of Planning using existing authority
contained in the Town’s zoning ordinance. The authority for the Chief of Planning
to issue TLUPs is limited to allowing seating up to, but not exceeding, pre-
pandemic levels.
5. The TLUPs were most recently extended by the Chief of Planning through August
1, 2021. This extension was granted prior to the State announcing their “Beyond
the Blueprint” plans allowing for full reopening.
6. Effective June 15, 2021, the State lifted all restrictions on indoor seating for
restaurants, although certain masking requirements remain in effect.
7. On June 3, 2021, the Governor of California issued a letter calling on local agencies
to take steps to allow the continuation of “expanded outdoor dining
opportunities,” at least through the end of 2021. The Governor noted that this
would not only help the State’s economic recovery, it would also be a public health
benefit, as studies clearly indicate that the chance of spreading the COVID virus
are lower outdoors.
8. Any additional extension of outdoor seating beyond the current TLUPs requires
legislative action by the Town Council.
DocuSign Envelope ID: 5A32F6AA-DC78-4EC4-AC13-EF3B734190C0
PAGE 2 OF ORDINANCE NO. 2021-02
9. In order to allow restaurants who were issued TLUPs but did not have sufficient
private property to exercise the right, the Town Council adopted resolutions
approving the use of the public right-of-way for seating under Vehicle Code
Section 21101(e) and granting an exemption to Danville Ordinance No. 96-10,
allowing the consumption of alcohol beverages in the public right-of-way. These
approvals should be extended and the expiration dates coordinated with the
extended TLUPs.
10. Government Code Section 36937(b) allows the Town Council to adopt an urgency
ordinance, which becomes effective immediately, “for the immediate preservation
of the public peace, health or safety…” Such an urgency ordinance must contain
a declaration of facts constituting the urgency and must be passed by at least a
4/5s vote of the Town Council.
11. The Danville Town Council finds that adoption of this ordinance as an urgency
item, temporarily suspending limits on outdoor seating for restaurants through
January 3, 2022, is necessary for the immediate preservation of the public peace,
health and safety. Existing TLUPs allowing this expansion will expire on August
1 and may not be extended by Town staff. Failure to adopt the urgency ordinance
would mean that restaurants would be required to shut down outdoor seating,
only to subsequently reopen upon the effective date of a non-urgency ordinance.
This would lead to job losses, potential failure of existing restaurants as well as
increasing the public health risk of having all patrons and employees indoors.
SECTION 2. TEMPORARY SUSPENSION OF PARKING REQUIREMENTS FOR
RESTAURANT OUTDOOR SEATING AND AUTHORIZATION TO
ISSUE AND EXTEND TEMPORARY LAND USE PERMITS FOR
OUTDOOR SEATING
A. Effectively immediately, the following parking requirements for restaurant
outdoor seating are suspended for the term of this Ordinance:
1. Danville Municipal Code Section 32-45.34.m for restaurants located in the
Downtown Business District; and
2. Site specific parking requirements contained in individual P-1 zoning districts
and incorporated into the Town’s zoning ordinance by Danville Municipal
Code Section 32-63.5b. Sections are suspended for any restaurant having been
issued a temporary Land Use Permit by the Town’s Planning Division and
complying with the following criteria:
B. Pursuant to Danville Municipal Code Section 32-45.10, the Chief of Planning may
extend existing and issue new temporary Land Use Permits for expanded outdoor
seating as authorized by subsection A. above, and shall include the following
conditions in addition to the previously issued conditions of approval:
1. Outdoor music and entertainment is permitted without amplification. Any
proposed outdoor amplified music and entertainment must receive approval
from the Chief of Planning.
DocuSign Envelope ID: 5A32F6AA-DC78-4EC4-AC13-EF3B734190C0
PAGE 3 OF ORDINANCE NO. 2021-02
2. Unless otherwise approved, all garbage bins shall be located within approved
garbage enclosures. Garbage bin areas, enclosures, and pick-up areas shall be
maintained to allow easy access by the garbage collection provider. No garbage
shall be kept in public parking lots or in the public right-of-way or placed in
locations that cause impacts to neighboring businesses.
3. The Town shall have the authority to remove or alter parklets, at the business
owner’s expense, as may be needed to maintain public safety.
4. Failure to comply with these conditions of approval may result in the
immediate revocation of the temporary Land Use Permit.
C. This ordinance shall remain in effect until January 3, 2022. No vested rights to
outdoor seating beyond that otherwise permitted are created by adoption of this
Ordinance.
SECTION 3. AUTHORIZING STREET CLOSURES FOR TEMPORARY OUTDOOR
RESTAURANT SEATING AND GRANTING AN EXEMPTION FROM
DANVILLE ORDINANCE NO. 96-10, ALLOWING FOR
CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THE
PUBLIC RIGHT-OF-WAY
A. Pursuant to the authority of California Vehicle Code Section 21101(e) and
Danville Municipal Code Section 4-14.2b, the Danville Town Council approves
partial street closures for outdoor restaurant seating and grants an exemption to
Danville Ordinance No. 96-10 allowing for the consumption of alcoholic
beverages within the public right-of-way, subject to the following conditions:
1. The area of any street closure and the right to serve or consume alcoholic
beverages shall be limited to that authorized through a Temporary Land
Use Permit issued by the Town for outdoor restaurant seating, as provided
for in Section 2 of this Ordinance.
2. The term for any street closure and exemption from Ordinance No. 96-10
shall be coterminous with the expiration of this Ordinance.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The Town Council finds that adoption of this ordinance is exempt from the California
Environmental Quality Act (“CEQA”) because the temporary suspension of outdoor
seating limits for restaurants within the Town, allowing for the continuation of such uses
during the ongoing state of emergency, will not result in a direct or reasonably
foreseeable indirect physical change in the environment (CEQA Guidelines Section
15060(c)(2)) and it can be seen with certainty that there is no possibility that the ordinance
will have a significant impact on the environment (CEQA Guidelines Section 15061(b)(3)).
SECTION 5. SEVERABILITY.
DocuSign Envelope ID: 5A32F6AA-DC78-4EC4-AC13-EF3B734190C0
PAGE 4 OF ORDINANCE NO. 2021-02
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of
the ordinance. The Danville Town Council hereby declares that they would have
adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof,
irrespective of the fact that one or more sections, subsections, sentences, clauses or
phrases was declared invalid.
SECTION 6. PUBLICATION AND EFFECTIVE DATE
The City Clerk shall have this ordinance published once in a newspaper of general
circulation within fifteen (15) days after adoption.
This ordinance is an urgency ordinance adopted pursuant to Government Code Section
36937 and as such, shall become effective immediately if adopted by at least a four-fifths
vote of the Town Council.
The foregoing Ordinance was adopted by the Danville Town Council at a regular meeting
held on July 6, 2021, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY CITY CLERK
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2021-02 of said Town and that said ordinance
was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
DocuSign Envelope ID: 5A32F6AA-DC78-4EC4-AC13-EF3B734190C0