ORDINANCE NO. 22-011
An Ordinance Of The City Council Of The City Of Emeryville Amending Article 15 Of Chapter 5 Of The Planning Regulations In Title 9 Of The Emeryville Municipal Code To Make Permanent Certain Temporary Regulations Pertaining To Sidewalk Cafes And Parklets That Were Enacted Due To The COVID-19 Pandemic, And To Make Other Related Amendments (CEQA Determination: Exempt Pursuant To CEQA Guidelines Sections 15301 And 15061(b)(3))
WHEREAS, on July 7, 2020, in response to State and County orders prohibiting indoor dining due to the COVID-19 pandemic, the City Council passed Ordinance No. 20-016, temporarily waiving or modifying certain provisions of the City’s Planning Regulations related to outdoor seating for restaurants and bars during the pandemic; and WHEREAS, Ordinance No. 20-016 originally expired on August 6, 2021, but, on June 21, 2022, the City Council passed Ordinance No. 22-004 modifying the expiration date of Ordinance No. 20-016 to 180 calendar days after the date of expiration or termination of the City-declared State of Emergency due to the COVID-19 pandemic, and declaring that any outdoor dining facilities approved under Ordinance No. 20-016 remain valid and conforming; and
WHEREAS, on May 3, 2022, the City Council initiated an amendment to the Planning Regulations to make permanent certain temporary regulations pertaining to sidewalk cafes and parklets that were enacted by Ordinance No. 20-016, and to make other related amendments; and
WHEREAS, the Emeryville Planning Commission held a duly and properly noticed public hearing on the proposed amendments to the Planning Regulations on September 22, 2022 to solicit public comments and review and consider the proposed amendments, and then voted unanimously to recommend that the City Council adopt the amendments with modifications; and
WHEREAS, the City Council held a duly and properly noticed public hearing on the proposed amendments to the Planning Regulations on October 18, 2022 to solicit public comments and review and consider the proposed amendments; and WHEREAS, the City Council has reviewed and considered the staff report and attachments thereto and all public comments for the proposed amendments to the Planning Regulations as set forth in this Ordinance and the applicable standards of the Emeryville Planning Regulations (“the Record”);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EMERYVILLE DOES HEREBY ORDAIN AS FOLLOWS:
DocuSign Envelope ID: 78F446FE-D422-432C-BC8E-D1FC1CDAC801 Ordinance No. 22-011
Sidewalk Cafe and Parklet Regulation Amendments
City Council Meeting | November 1, 2022
SECTION ONE. PURPOSE AND INTENT
The purpose and intent of this Ordinance is to amend the Planning Regulations to make permanent certain temporary regulations pertaining to sidewalk cafes and parklets that were enacted due to the COVID-19 pandemic, and to make other related amendments.
SECTION TWO. REQUIRED FINDINGS FOR ADOPTING ORDINANCE
The City Council of the City of Emeryville makes the following findings as required by Emeryville Municipal Code Sections 9-7.1305:
(a) That the proposed amendment is consistent with the General Plan; The proposed amendments will be consistent with the following General Plan principles, goals, and policies:
Guiding Principle 6 of the General Plan, “A vibrant, urban community”, states that “Emeryville will continue as a vibrant community, with cultural offerings, and urban amenities. Active gathering spaces will be encouraged, and streets designed for pedestrian comfort, walking, and enjoyment.” Land Use Goal LU-G-1, “An overall balance of uses”, calls for “Employment, residential, cultural, destination and local retail—as well as a full range of amenities and services necessary to support a vibrant community.” Land Use Goal LU-G-3, calls for “Community activity centers—Centers that combine residential, retail, office, and public uses to create areas of identity and activity for residents and visitors.”
Land Use Policy LU-P-26 states that “A mix of retail that draws local customers as well as patrons from the greater Bay Area shall be encouraged.”
Urban Design Policy UD-P-42 states that “Sidewalks shall be safe, comfortable, and accessible for pedestrians.”
Amending the Planning Regulations to help facilitate the development of sidewalk cafes and parklets would be consistent with these General Plan principles, goals, and policies.
DocuSign Envelope ID: 78F446FE-D422-432C-BC8E-D1FC1CDAC801 Ordinance No. 22-011
Sidewalk Cafe and Parklet Regulation Amendments
City Council Meeting | November 1, 2022
(b) That the proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public;
The proposed amendments will benefit the public by helping to encourage and promote the establishment of sidewalk cafes and parklets as visual amenities, which in turn intensify pedestrian activity and make the street life more attractive, while protecting the public health, safety, and general welfare.
(c) That the proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.
The proposed amendments are exempt from environmental review under State CEQA Guidelines Section 15301, which applies to minor alterations to existing facilities with negligible expansion of use, and the “common sense exemption” at Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposal may have a significant effect on the environment.
(d) For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.
No changes to the Zoning Map in Figure 3.103(a) or the Zoning Overlay Map in Figure 9-3.103(b) of the Planning Regulations are proposed.
SECTION THREE. AMENDING ARTICLE 15 OF CHAPTER 5 OF THE PLANNING REGULATIONS IN TITLE 9 OF THE EMERYVILLE MUNICIPAL CODE.
Article 15 of Chapter 5 of the Planning Regulations in Title 9 of the Emeryville Municipal Code is hereby amended as set forth in Exhibit A of this Ordinance, which is hereby incorporated into this Ordinance by this reference, with deletions shown in strikeout type and additions shown in double underline.
SECTION FOUR. CEQA DETERMINATION
The City Council finds and determines that the proposed amendments are exempt from environmental review under State CEQA Guidelines Section 15301, which applies to minor alterations to existing facilities with negligible expansion of use, and the “common sense exemption” at Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposal may have a significant effect on the environment.
DocuSign Envelope ID: 78F446FE-D422-432C-BC8E-D1FC1CDAC801 Ordinance No. 22-011
Sidewalk Cafe and Parklet Regulation Amendments
City Council Meeting | November 1, 2022
SECTION FIVE. SEVERABILITY
The City Council hereby declares that every section, paragraph, clause and phrase of this Ordinance is severable. If, for any reason, any section, paragraph, clause and phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases.
SECTION SIX. CODIFICATION
Section Three of this Ordinance shall be codified in the Emeryville Municipal Code.
Sections One, Two, Four, Five, Six and Seven shall not be codified.
SECTION SEVEN. EFFECTIVE DATE AND POSTING
This Ordinance shall take effect 30 days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code Section 33693.
This Ordinance was introduced and first read by the City Council of the City of Emeryville at a regular meeting held on Tuesday, October 18, 2022 and PASSED AND ADOPTED by the City Council at a regular meeting on Tuesday November 1, 2022 by the following vote:
AYES: 4
Mayor Bauters, Vice Mayor Medina and Council Members
Donahue, and Martinez
NOES: 0
ABSTAIN: 0
ABSENT: 1 Council Member Welch
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 78F446FE-D422-432C-BC8E-D1FC1CDAC801