HomeMy WebLinkAbout110624-08.1
STUDY ADMINISTRATIVE STAFF REPORT 8.1
TO: Mayor and Town Council November 6, 2024
SUBJECT: Ordinance No. 2024-09, extending the expiration date of Ordinance No.
2022-05 allowing expanded outdoor restaurant seating, establishing
development standards, design guidelines and fee schedule related to the
establishment of parklets, allowing specific street closures and allowing
the consumption of alcohol within those street closures pursuant to
Danville Municipal Code Section 4-14.2b
BACKGROUND
In the early months of the COVID-19 pandemic, the Town began issuing Temporary Land
Use Permits (TLUPs) for expanded outdoor restaurant seating, allowing restaurants to
operate outdoors, either within the public right-of-way or on private property.
In June 2021, when restaurants were once again allowed to operate indoors, it became
necessary for the Town Council to approve an ordinance to temporarily suspend
provisions within the Town’s Downtown Business District Ordinance , including
payment of the Town’s off-site parking in-lieu fees. The Town Council approved several
additional extensions, with the most recent being found in Ordinance No. 2022-05. That
ordinance expires on January 3, 2025.
On October 8, 2024, the Town Council held a Study Session to discuss whether to extend
the existing program. At that study session, after hearing from restaurant owners about
ongoing economic concerns, the Council directed Town staff to return with an ordinance
extending the provisions found in Ordinance No. 2022-05.
DISCUSSION
The draft ordinance would simply extend the expiration date of Ordinance No. 2022-05
without changing any of the substantive provisions of that ordinance. As a reminder, the
key points of the ordinance include:
• Allowing outdoor restaurant seating in the public right-of-way subject to a
number of standards addressing aesthetics, size, traffic safety, building code
compliance and street cleaning.
• Restaurants utilizing seating in the right-of-way must pay an annual fee based on
the number of on-street parking spaces being utilized.
Extending Temporary Outdoor
Restaurant Seating Program 2 November 6, 2024
• Restaurants using the public right-of-way for seating may serve alcohol to patrons
within the permitted closure.
• Restaurants are also allowed to utilize expanded outdoor seating on private
property beyond that otherwise permitted. Any on-site expansion of seating is
subject to building and fire code compliance as well as design guidelines.
• Restaurants in the core downtown area expanding their seating, either in the
public right-of-way or on private property, may do so without paying the Town’s
off-site parking in-lieu fees.
The draft ordinance would extend the provisions of Ordinance No. 2022-05 for an
additional two years, through January 3, 2027. This term was used based on comments
from the Town Council during the October 8, 2024 study session but it should be noted
that no formal recommendation on the length of the extension was made. The Council
can select a different term as part of a motion to introduce the ordinance.
PUBLIC CONTACT
Notice of this hearing was published in a newspaper of general circulation. Posting of the
meeting agenda serves as notice to the general public. The potential extension of the
program was discussed by the Town Council at their study session on October 8, 2024.
FISCAL IMPACT
Revenues received from the use of the public right-of-way are deposited in the Town’s
General Fund. There are no other fiscal impacts.
Extending Temporary Outdoor
Restaurant Seating Program 3 November 6, 2024
RECOMMENDATION
Introduce and read by title only Ordinance No. 2024-09, extending the expiration date of
Ordinance No. 2022-05 allowing expanded outdoor restaurant seating, establishing
development standards, design guidelines and fee schedule related to the establishment
of parklets, allowing specific street closures and allowing the consumption of alcohol
within those street closures pursuant to Danville Municipal Code Section 4-14.2b and
return for second reading on November 19, 2024.
Prepared by:
David Crompton
Chief of Planning
Reviewed by:
Diane J. Friedmann
Development Services Director
Attachment: Ordinance No. 2024-09
ORDINANCE NO. 2024-09
EXTENDING THE EXPIRATION DATE OF ORDINANCE NO. 2022-05 ALLOWING
EXPANDED OUTDOOR RESTAURANT SEATING, ESTABLISHING
DEVELOPMENT STANDARDS, DESIGN GUIDELINES AND FEE SCHEDULE
RELATED TO THE ESTABLISHMENT OF PARKLETS, ALLOWING SPECIFIC
STREET CLOSURES AND ALLOWING THE CONSUMPTION OF ALCOHOL
WITHIN THOSE STREET CLOSURES PURUSANT TO DANVILLE MUNICIPAL
CODE SECTION 4-14.2B
The Danville Town Council does ordain as follows:
SECTION 1. FINDINGS.
In enacting this ordinance, the Town Council makes the following findings:
1. Since the onset of the COVID-19 pandemic, the Town has adopted a series of
ordinances allowing for increased outdoor seating in restaurants and the
establishment of “parklets” in the public right-of-way. These ordinances have
been adopted to allow restaurants to increase capacity and aid in the economic
vitality of the Town.
2. The most recent such ordinance, Ordinance No. 2022-05, is set to expire on
January 2, 2025. That ordinance established detailed guidelines for parklets and
suspended all necessary sections of the Municipal Code to allow for this
program.
3. The Town Council has determined that in light of continuing economic pressures
on restaurants, it is necessary to extend the expiration date of Ordinance No.
2022-05.
SECTION 2. EXTENDING THE EXPIRATION DATE OF ORDINANCE NO. 2022-05.
The expiration date of Town Ordinance No. 2022-05 is hereby extended until January 2,
2027.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The Town Council finds that adoption of this Ordinance is exempt from the California
Environmental Quality Act (“CEQA”) because the extension of the temporary
suspension of outdoor seating limits for restaurants within the Town 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)).
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PAGE 2 OF ORDINANCE NO. 2024-09
SECTION 4. PUBLICATION AND EFFECTIVE DATE.
The City Clerk shall have this ordinance published once in a newspaper of general
circulation within 15 (fifteen) days after adoption. This ordinance shall become effective
30 days after adoption.
The foregoing Ordinance was introduced on November 6, 2024, and approved and
adopted by the Danville Town Council at a regular meeting held on November 19, 2024,
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. 2024-09 of said Town and that said
ordinance was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
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