RESOLUTION NO. PC 05-2024
RESOLUTION OF THE FORT BRAGG PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL SUBMIT AN LCP AMENDMENT
APPLICATION TO THE COASTAL COMMISSION TO AMEND CHAPTER
17.42.190- RESTAURANTS OF DIVISION 17 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 a Coastal General Plan ("Coastal GP) as the Land Use Plan portion of the Local Coastal Program on May 12, 2008 which established policies for all land within the Fort Bragg Coastal Zone; and WHEREAS, in August 2008 the California Coastal Commission certified the City's Local Coastal Program (LCP) which includes the Coastal GP as the Land Use Plan; and
WHEREAS, the City Council adopted Resolution 3162-2008 on May 12, 2008, adopting the Coastal General Plan; and
WHEREAS, the City adopted a Coastal Land Use and Development Code in 2008 as the implementing portion of the Local Coastal Program on May 12, 2008, which established all land use regulations for the Coastal Zone; and WHEREAS, the Coastal General Plan includes policies to: (1) advance the orderly growth and development of the City's Coastal areas; (2) protect coastal resources; (3) incorporate sustainability into the development process so that Fort Bragg's coastal resources and amenities are preserved for future generations; (4) respond to current environmental and infrastructure constraints; (5) protect the public health, safety and welfare; and (6) promote fiscally responsible development; and WHEREAS, in May of 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 of Fort Bragg 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. 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 public hearing 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 modifications to allow outdoor dining; and WHEREAS, the "activities and approvals by a local government necessary for the preparation and adoption of a local coastal program or long range development plan" pursuant to the California Coastal Act are statutorily exempt from compliance with CEQA, and this statutory exemption "shifts the burden of CEQA compliance from the local agency to the California Coastal Commission" (CEQA Guidelines § 15265 (c)); and WHEREAS, the Planning Commission held a duly noticed public hearing on January 10, 2024, to consider the Zoning Code Amendment, accept public testimony and continued consideration of the recommended amendments to January 31, 2024; and 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 Coastal General Plan; the Fort Bragg Coastal 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 evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the Planning Commission of the City of Fort Bragg does hereby make the following findings and determinations:
SECTION 1: COASTAL LAND USE AND DEVELOPMENT CODE AMENDMENT
FINDINGS
Pursuant to Fort Bragg Municipal Code Section 17.94.060, the Planning Commission recommends that the City Council make the following findings for adoption of the proposed amendments to the Fort Bragg Coastal Land Use and Development Code:
a. The proposed amendment is consistent with the Coastal 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 Coastal 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 LU-5.7, Policy LU-10.2, Policy LU-10.4, Policy PF-1.2, Policy PF-2.1, Policy CD-1.1, Policy CD-2.1, Policy CD-2.5, Policy CD-3.2, Policy CD-3.3, Policy CD-3.4, Policy CD-1.9, Policy SF-5.1. b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
1. As revised, 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 Amendment is consistent with CLUDC standards as amended 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 submit and LCP Amendment Application to the Coastal Commission to amend Division 17 to the Fort Bragg Municipal Code to Amend Chapter
17.42.190 - 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 Neils, 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 Flynn
Maria Flynn, Administrative Assistant
Community Development Department
Planning Commission Resolution Attachment A: LCP 3-23 "Outdoor Dining" Zoning Code Amendments
Draft Ordinance: CLUDC Outdoor Dining
Amend 17.21.030 - Allowed Land Uses and Permit Requirements for Residential Zoning Districts, Table 2-1 as follows (amendment shown in red text):
TABLE 2-1 Permitted Use, Zoning Clearance required
Allowed Land Uses and Minor Use Permit required (see Section Permit Requirements MUP 17.71.060)
for Residential Zoning UP Use Permit required (see Section 17.71.060) Districts Permit requirement set by Specific Use
S Regulations
Use not allowed
PERMIT REQUIRED BY DISTRICT Specific Use
LAND USE (1) RR RS RL RM RH RVH Regulations
Restaurant, Café, UP UP UP UP 17.42.165
Coffee Shop
Outdoor Dining MUP MUP MUP MUP 17.42.165
Amend 17.22.030- Allowed Land Uses and Permit Requirements for Commercial Zoning Districts, Table 2-1 as follows (amendment shown in red text):
TABLE 2-6 Permitted Use, Zoning Clearance
Allowed Land Uses and P required
Permit Requirements Minor Use Permit required (see
for Commercial Zoning MUP Section 17.21.060)
Districts Use Permit required (see Section
UP 17.71.060)
Permit requirement set by Specific
Use Regulations
Use not allowed
PERMIT REQUIRED BY DISTRICT Specific Use
LAND USE (1) CN co CBD CG CH Regulations
Outdoor Dining MUP MUP MUP MUP MUP 18.42.165
Amend 17.36.040 - 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:
Retail Trade Vehicle Spaces Required
All "Retail Trade" and 1 space for each 400 sf of
general retail uses listed floor area, plus 1 space
in § 17.22.030, Table 2-6, for each 600st of outdoor
except for the following: sales area.
Restaurant, cafe, coffee 1 space for each 4 seats;
shop or 1 space for each 200
sf of floor area, whichever
would yield more spaces.
Outdoor Dining No parking required
Amend 17.42.190 of the CLUDC as follows (amendment shown in red text):
17.42.190 - 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. Coastal Development Permit. A Coastal Development Permit is required for an Outdoor Dining Facility that includes the erection of a pavilion or tent.
2. Allowed as part of Indoor Dining. These regulations apply only to
restaurants that have an indoor dining component. Entirely outdoor restaurants are not permitted
3. Location, Setbacks & Height Limits.
a. Outdoor dining pavilions and tents shall comply with all relevant setback and height limits of the zoning district.
b. Pavilions and tents may be located behind or to the side of the associated restaurant. Outdoor dining that is not in a pavilion or tent may be in front of the associated restaurant, 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.
4. Size Limits. Outdoor dining facilities shall be limited to 1,300 SF. A larger size may be approved with a Minor Use Permit.
5. Objective Design & Safety Criteria. 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
1. 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.
Il. 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.
Ill. 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.
6. 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 must meet all requirements of the Alcoholic Beverage Control Board and 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.