HomeMy WebLinkAbout111924-06.4
ADMINISTRATIVE STAFF REPORT 6.4
TO: Mayor and Town Council November 19, 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 AND DISCUSSION
On November 6, 2024, the Town Council introduced Ordinance No. 2024-09 (4-1, Mayor
Stepper voting no), which would extend the provisions of Town Ordinance No. 2022-05
for an additional two years, through January 3, 2027. Ordinance No. 2022-05 established
rules and guidelines allowing restaurants throughout Town to expand their outdoor
seating, both in the public right-of-way and on private property. For those downtown
restaurants using the public right-of-way, they are required to pay an annual fee to the
Town. The ordinance is now before the Council for adoption.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
Extension of Outdoor Seating 2 November 19, 2024
RECOMMENDATION
Adopt 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
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)).
Docusign Envelope ID: A3656EBD-2867-4FAA-8A5D-AC050EF50BC5
ATTACHMENT A
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
Docusign Envelope ID: A3656EBD-2867-4FAA-8A5D-AC050EF50BC5