RESOLUTION NO. PC 04-2024
RESOLUTION OF THE FORT BRAGG PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO AMEND CHAPTER 18.42.165 - RESTAURANTS OF DIVISION 18 OF THE
FORT BRAGG MUNICIPAL CODE TO ESTABLISH REGULATIONS AND
STANDARDS FOR OUTDOOR DINING
WHEREAS, California Constitution Article XI, Section 7, enables the City of Fort Bragg (the "City") to enact local planning and land use regulations; and WHEREAS, the authority to adopt and enforce zoning regulations is an exercise of the City's police power to protect the public health, safety, and welfare; and WHEREAS, the City of Fort Bragg ("City") adopted a General Plan in 2002 which established policies for all lands within Fort Bragg city limits and its sphere of influence; and
WHEREAS, the City adopted an Inland General Plan and certified an Environmental Impact Report Addendum ("EIR Addendum") for the General Plan on December 2, 2012; and
WHEREAS, the City adopted an Inland Land Use and Development Code and Negative Declaration on February 10, 2014; and
WHEREAS, the adoption of an Inland Land Use and Development Code is necessary to: 1) provide a regulatory framework for implementation of the Inland General Plan; 2) to implement new State planning and land use requirements; and 3) update zoning regulations in accordance with City Council policy direction; and WHEREAS, in May 2020, due to the COVID-19 Pandemic the City adopted an amendment to the Municipal Code which gave the City Manager, as the Director of Emergency Services, the power: "To waive zoning requirements and/or standards to facilitate business operations of established businesses affected by public health orders of the federal, state, or county government, to the extent that such waivers would not result in an increase in general intensity of use beyond what is otherwise allowed, as applicable to zoning district;" and
WHEREAS, the City relaxed standards so that outdoor dining could be established during the pandemic and a number of restaurants erected outdoor dining facilities which have proven to be very popular; and
WHEREAS, On February 28, 2023, Governor Gavin Newsom announced that the COVID-19 State of Emergency ended; and
WHEREAS, On April 11, 2023, President Joe Biden signed a bipartisan congressional resolution to bring the U.S. national emergency to respond to the COVID- 19 Pandemic to a close; and
WHEREAS, on May 10, 2023, the Mendocino County Building Department released a notice of the expiration of the County's COVID-19 Urgency Ordinance 4472 which allowed many temporary business modifications in response to COVID-19; and the
notice provided businesses with an opportunity to apply for the appropriate permits to retain any temporary modifications to their structures or facilities; and WHEREAS, the City desires to ensure that outdoor dining can continue in Fort Bragg in a safe and enjoyable manner; and
WHEREAS, the Community Development Committee held a duly noticed special meeting on May 17, 2023, to discuss recommending regulations to establish a method for outdoor dining to continue even as State regulations allowing outdoor dining during the COVID-19 Pandemic were set to expire; and
WHEREAS, on June 26, 2023, City Council received a report and provided direction to staff regarding future zoning modification to allow outdoor dining; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") pursuant to Section 15074 of the CEQA Guidelines, a Mitigated Native Declaration (MND) was prepared and circulated for public comment for the zoning code amendment; and WHEREAS, a Notice of Intent to Adopt an MND was published on December 7, 2023, and the twenty-day review period was from December 7 through December 27, 2023; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 10, 2024, to consider the Zoning Code Amendment, accept public testimony; NOW, THEREFORE, BE IT RESOLVED that the City of Fort Bragg Planning Commission, based on the entirety of the record before it, which includes without limitation, CEQA, Public Resources Code §21000, et seq. and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the Fort Bragg Inland General Plan; the Fort Bragg Inland Land Use and Development Code; the Project application; all reports and public testimony submitted as part of the Planning Commission meeting of January 10, 2024 and January 31, 2024 and Planning Commission deliberations; and any other Planning Commission of the City of Fort Bragg does hereby make the following findings and determinations:
SECTION 1: INLAND LAND USE AND DEVELOPMENT CODE AMENDMENT
FINDINGS
Pursuant to Fort Bragg Municipal Code Section 18.94.060, the Planning Commission recommends that the City Council make the following findings for adoption of the proposed amendments to the Fort Bragg Inland Land Use and Development Code:
a. The proposed amendment is consistent with the General Plan and any applicable specific plan; and
1. The proposed project is consistent with the land use designations of the Land Use Element of the Inland General Plan (CGP) because the amendment would allow outdoor dining in the same land use designations as restaurants.
2. The proposed amendment is consistent with the following applicable General Plan policies: Policy LU-3.1, Policy PF-1.2, Policy PF-2.1, Policy OS-1.2,
Policy OS-5.2, Policy OS-6.3, Policy C-1.2, Policy CD-1.1, Policy CD-1.3, Policy CD-2.2, Policy CD-2.3, Policy CD-2.4, Policy CD-5.3, Policy SF-4.1. b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
1. As revised, and recommended by the Planning Commission, the proposed amendment includes sufficient safeguards to protect the health and safety of diners and of outdoor dining facilities. Outdoor dining will improve convenience by increasing dining options and providing for outdoor dining for people with immune issues where indoor dining may be unsafe due to COVID-19 and other communicable illness. The amendment furthers the public interest and welfare as indicated by the continued popularity of outdoor dining. c. The proposed amendment is internally consistent with other applicable provisions of this Development Code.
1. The Proposed Zoning Code Amendment is consistent with ILUDC standards as amended and as analyzed in the consistency analysis.
SECTION 2: GENERAL FINDINGS:
a. The foregoing recitals are true and correct and made a part of this Resolution; and
b. The documents and other material constituting the record for these proceedings are located in the Community Development Department.
BE IT FURTHER RESOLVED that the Fort Bragg Planning Commission does hereby recommend that the City Council amend Division 18 to the Fort Bragg Municipal Code to Amend Chapter 18.42.165 - Restaurants to establish regulations and standards for outdoor dining, as delineated in Attachment A
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption.
The above and foregoing Resolution was introduced by Commissioner Deitz seconded by Commissioner Stavely, and passed and adopted at a regular meeting of the Planning Commission of the City of Fort Bragg held on the 31st day of January 2024, by the following vote:
AYES: Deitz, Neils, Stavely, Jensen, Logan
NOES:
ABSENT:
ABSTAIN:
RECUSE:
ATTEST:
Maria Fedministrative Assimont
Maria Flynn,
Community Development Department
Planning Commission Resolution Attachment A: ILUDC 3-23 "Outdoor Dining" Zoning Code Amendments
Draft Ordinance: ILUDC Outdoor Dining
Amend 18.21.030 - Allowed Land Uses and Permit Requirements for Residential Zoning Districts, Table 2-1 as follows (amendment shown in red text):
TABLE 2-1 P Permitted use, Zoning Clearance required
Allowed Land Uses and Permit Minor Use Permit required (see Requirements for Residential Zoning MUP $ 18.71.060)
Districts UP Use Permit required (see 5 18.71.060)
Permit requirement set by Specific Use
S Regulations
- Use not allowee
PERMIT REQUIRED BY DISTRICT Specific Use
LAND USE (1) RR RS R.L RMI RH RVH Regulations
Restaurant, Café, Coffee Shop UP UP UP UP 18.42.165
Outdoor Dining MUP MUP MUP MUP 18.42.165
Amend 18.22.030- Allowed Land Uses and Permit Requirements for Commercial Zoning Districts, Table 2-1 as follows (amendment shown in red text):
TABLE 2-6 P Permitted use, Zoning Clearance required
Allowed Land Uses and Permit MUP Minor Use Permit required (see 8 18.21.060) Requirements UP Use Permit required (see 5 18.71.060)
for Commercial Zoning Districts Permit requirement set by Specific Use S Regulations
- Use not allowed
PERMIT REQUIRED BY DISTRICT Specific Use
LAND USE (1) CN CO CBD CG CH Regulations
Restaurant, café, coffee shop UP P P P P 18.42.165
Second hand store P P
-
Service station - - - UP UP 18.42.180
Shopping center - - - UP UP
Outdoor Dining MUP MUP • MUP MUP MUP 18.42.165
Amend 18.36.040 - Number of Parking Spaces Required, Table 3-7 as follows (amendment shown in red text):
TABLE 3-7 - PARKING REQUIREMENTS BY LAND USE (Continued) Land Use Type: Vehicle Spaces Required
Retail Trade Minimum Maximum
All "Retail Trade" and 1 space for each 400 sf of 1 space for each 200 sf of general retail uses listed floor area, plus 1 space floor area, plus 1 space in § 18.22.030, Table 2-6, for each 600sf of outdoor for each 400 sf of outdoor except for the following: sales area. sales area.
Restaurant, cafe, coffee 1 space for each 100 sf 1 space for each 40 sf of shop of dining area. dining area.
Outdoor Dining No parking required No parking required
Amend 18.42.165 of the ILUDC as follows (amendment shown in red text):
18.42.165 - Restaurants & Outdoor Dining
A. Grease and Oils. The following standards for restaurants are intended to regulate the disposal of grease and oils for the protection of the City of Fort Bragg sewage treatment plant and the environment:
1. Operating standards. Restaurants shall comply with the following operating standards:
a. Installation and maintenance of grease trap/interceptor. Grease interceptor installation and maintenance must comply with the City's Food Service Establishment Wastewater Discharge Permit and the City's Municipal Code section regarding fats, oil and grease control. b. Washing of restaurant floor mats, exhaust filters. Restaurant floor mats and exhaust filters shall be washed in a sink or wash area that drains to the sanitary sewer, or collected wastewater from such washing shall be discharged to the sanitary sewer.
B. Outdoor Dining. The following standards are for outdoor dining facilities and are intended to regulate for the safe and compatible operation of outdoor dining facilities.
Outdoor Dining Facility may consist of tables and chairs for dining with or without a pavilion, tents and/or umbrellas.
1. Allowed as part of Indoor Dining. These regulations apply only to restaurants that have an indoor dining component. Entirely outdoor restaurants are not permitted.
2. Location, Setbacks & Height Limits.
a. Outdoor dining pavilions and tents shall comply with all relevant setback
and height limits of the zoning district in which they are located. b. Pavilions can be behind or to the side of the associated restaurant. Outdoor dining that is not located within a pavilion may be in front of the building, where the front of the building is the facade facing the primary street. c. Outdoor dining facilities shall be located on previously developed areas such as a parking lot, sidewalk, or hardscape area. Outdoor dining may not result in a net loss of more than 10% of parking spaces unless otherwise allowed by this development code.
d. Outdoor dining must be located a minimum of 50 feet from any environmentally sensitive area, wetland or rare plant community, unless it is located in an area that has been developed with authorization through a Coastal Development Permit.
e. Outdoor dining pavilions and tents shall be sited so that they do not add to stormwater runoff volume or peak runoff rates.
f. Outdoor dining pavilions and tents shall not be located in an area that would impact scenic views or resources as seen from a public right of way.
g. Outdoor dining is permissible on the City's sidewalks with Encroachment Permit approval.
3. Size Limits. Outdoor dining facilities shall be limited to 1,300 SF. A larger size may be approved with a Minor Use Permit.
4. Design Review & Safety. Outdoor dining pavilions and tents are subject to Administrative Design Review and shall comply with the following criteria:
a. Outdoor dining facilities shall be confined to the area shown on the approved site plan.
b. Where umbrellas, tents or pavilions are proposed, a vertical clearance of at least 7 feet must be maintained.
c. Utilities, Heating & Lighting
The use of heating devices and electrical extension cords and lighting are subject to review and approval by the Community Development Director and the Fire Marshal.
HI. Portable Heaters/Space Heaters are permitted if approved for outdoor use, located in accordance with the manufacturer's recommendations, and located at least two feet from the edge or roof of any umbrella canvas, tent, pavilion, foliage, or any other flammable object or material.
III. All lighting located within or outside of outdoor dining pavilions shall be downward facing and night sky compliant.
d. Outdoor Dining shall not interfere with building ingress/egress.
1. ADA Accessibility. The outdoor dining area shall be designed, constructed and/or conform to the applicable provisions, rules, regulations and guidelines of the California Building Code and Americans with Disabilities Act.
2. Outdoor Dining facilities shall not conflict with use of existing bicycle parking and access.
e. Moveable barriers shall be of solid, durable materials. Preferred
barriers include removable fences, freestanding fences, hedges, planters, trees, removable columns, and pavilion or tent structures.
Fabric inserts, chain link fencing, plastic, vinyl, chicken wire and cyclone fencing are not permitted.
f. Pavilion and tent colors should either be white or a color which is compatible with the colors of the restaurant building.
5. Operating Standards. Outdoor dining shall comply with the following operating standards:
a. No amplified music after 9:00 pm.
b. No new service after 9:00 pm.
c. Hours of operation shall not begin prior to 7:00 am or extend later than 10:00 pm.
d. Smoking is prohibited in outdoor dining areas.
e. Outdoor dining, food preparation and cooking is only permissible in compliance with the California Retail Food Code and with the approval of the Mendocino County Division of Environmental Health. f. Pavilions must be inspected by the Fire Marshal who shall submit a letter to the City that pavilion and associated equipment and furnishings are safe and in good repair at least once every five years or as determined by the Community Development Director.
g. Establishments that serve alcoholic beverages in the outdoor dining area shall meet all requirements of the Alcoholic Beverage Control Board and have a permit for such service as well as any other federal, state, or local laws and regulations governing the sale and consumption of alcoholic beverages.
18.100 Definitions Amendments
In order to support the required code updates, the following addition to the definitions in ILUDC Section 18.100.020 are recommended:
Outdoor Dining Facility. Outdoor dining may consist of a defined area with tables and chairs for dining with or without a temporary pavilion, tent and/or umbrellas, and adjacent to and on the same parcel and serviced by a restaurant with an indoor dining component. Outdoor bars are not outdoor dining facilities.