Fremont City Council Meeting: 05/10/22 07:00 PM
3300 Capitol Avenue Div/Dept: Planning
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4595) DOC ID: 4595
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 1 OUTDOOR COMMERCIAL PATIO ORDINANCE – Public Hearing (Published Notice) To Consider The Planning Commission’s Recommendation To Adopt An Ordinance Amending Title 12, Chapter 12.05 (Encroachments To Streets And Sidewalks) And Title 18, Chapters 18.25 (Definitions) And 18.190 (Special Provisions Applying To Miscellaneous Uses), To Allow Outdoor Commercial Patios On City-Owned And Private Property; and to Adopt a Resolution to Amend the Master Fee Schedule to Rename the Sidewalk Dining Permit Fee to the Outdoor Commercial Patio Permit Fee; and to Consider a Finding That The Actions Are Exempt From The Requirements Of The California Environmental Quality Act (CEQA) Per, Each As A Separate And Independent Basis, (1) CEQA Guidelines Section 15061(B)(3) In That It Can Be Seen With Certainty That There Is No Possibility That The Proposed Actions Will Have The Potential For Causing A Significant Effect On The Environment, And Are Not Subject To CEQA Review, And (2) CEQA Guidelines Section 15183, As The Proposed Amendments Are Consistent With The General Plan For Which An EIR Was Previous Prepared And Certified, And None Of The Circumstances Necessitating Preparation Of A Subsequent EIR Pursuant To CEQA Guidelines Section 15162 Are Present.
Contact Persons:
Name: Courtney Pal Dan Schoenholz
Title: Associate Planner Community Development Director Div/Dept: Planning Community Development
Phone: 510-494-4532 510-494-4438
E-Mail: [email protected] [email protected]
Executive Summary: Since June 2020, the City of Fremont’s Pop Up Patio (PUP) program has given Fremont businesses a straight-forward permitting process to enable their temporary expansion into outdoor spaces. Given that the PUP program has been well received by local businesses and helped to facilitate economic recovery, staff propose allowing “outdoor commercial patios” on a permanent basis. Staff is proposing to repeal the City’s antiquated sidewalk dining ordinance [Fremont Municipal Code (FMC) Section
18.190.510] and replace it with an ordinance authorizing outdoor commercial patios. The new ordinance, which has been recommended for approval by the Planning Commission, would create a ministerial permitting process through which qualifying businesses could create outdoor commercial patio areas within on-street parking spaces, sidewalks, and/or private property.
BACKGROUND: On June 15, 2020, staff launched the PUP program to allow businesses to develop and operate temporary outdoor patio areas, in order to comply with Alameda County Health Department r egulations to limit the spread of COVID -19. City Council was advised of the PUP program at the time of its inception, although no Council action was needed to initiate the program because PUP permits are issued pursuant to the City’s existing Special Event s Permit procedures in FMC Chapter 12.25 (Special Events and Parades). PUP permits may be issued for the development of three different types of patios.
Staff Report (ID # 4595) Meeting of May 10, 2022
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 2 First, businesses with entrances on a public sidewalk can create outdoor patios on the sidewalk. Second, businesses with frontage on a public street can create patios within public on-street parking spaces. Finally, businesses with private parking lots or businesses that are located within shopping centers can create patios on private property within parkin g spaces, expanded walkways, and plazas. While the PUP program initially only allowed outdoor dining, it was expanded during the latter part of 2020 to also accommodate fitness studios, personal services, and educational services as those businesses were a lso allowed to re - open outdoors.
To date, 70 businesses have received permits through the PUP program. Approximately two-thirds of permittees are restaurants, while the remaining one -third consists of personal services businesses (20% of total), bars (6% ), fitness uses (4%), and educational services (3%). Nearly all patios are located on private property. Only three businesses received permits to operate on the public sidewalk, and three businesses received permits to operate within on-street parking spaces on a public street.
Permits issued through the PUP program are currently set to expire 60 days after the termination of the County’s local emergency declared in response to COVID -19. In a survey to businesses in November 2021 discussed further in the p aragraphs below, over 40% of respondents indicated that they had closed their patio. The reauthorization of indoor services was cited as the primary reason for patio closures. However, more than 90% of respondents whose patios were open indicated that they would like to keep their patio for another year or longer. Adopting permanent outdoor regulations at this time would help provide additional certainty to businesses interested in operating their patios long -term. In addition, general community feedback ha s been positive about the increased level of outdoor activity in commercial areas.
Outreach to Businesses
Staff distributed a survey to PUP permit holders between November 17, 2021 and December 6, 2021. The survey asked for businesses to provide feedback on their experiences with the PUP program and give input on potential long -term patio regulations. The survey received 21 responses, representing approximately 30% of permittees.
The first portion of the survey asked businesses to provide feedback on th eir experiences with the PUP program. Notably, 100% of businesses indicated that they were satisfied with the program. Program highlights that were well -received by applicants included the straightforward application form and fast application turn-around (48 business hours).
The second portion of the survey listed proposed long -term regulations and asked respondents to quantify what type of impact the regulation would have on their business.
Selecting a “Substantial” impact would indicate that the busines s would choose to shut down their patio over having to comply with that regulation, while “Moderate” and “Minimal” impacts indicated a lesser degree of financial or physical impact. “No impact” indicated that the regulation either wouldn’t apply to the pat io or that it would not have any effects because the patio already complied with the rule. Chart 1 shows the responses to these questions in the order of least “Substantial” impacts (left) to most “Substantial” impacts (right).
Chart 1: Impact of potential long-term patio regulations.
Staff Report (ID # 4595) Meeting of May 10, 2022
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 3
After reviewing the results of the survey, staff developed an initial proposal for long -term patio regulations. Staff then held two webinars for the business community on February 7, 2022 and February 10, 2022 to present the draft proposal. The webinars were advertised through emails to the PUP permittee email list, posts to City social media accounts, and on the PUP program website. Additionally, staff identified eighteen permittees that were most likely to be impacted by the proposed regulations and made individual phone calls to those businesses to let them know about the webinars. A total of 10 individuals attended the webinars, including PUP permittees and representatives from the Chamber of Commerce and Centerville Bu siness and Community Association (CBCA). Feedback provided at the webinars was favorable towards staff’s proposal. The ordinance that staff is proposing for adoption is consistent with the initial concepts that were discussed during the webinars.
Models for Long-Term Outdoor Commercial Spaces
Several other jurisdictions in the Bay Area have already developed programs and regulations regarding outdoor commercial activity. Most programs within the Bay Area focus on on-street patios within an urban environment.
If adopted, Fremont’s program would be one of the first focused on facilitating outdoor commercial patio development primarily on private property. The proposed single - application, low -barrier permit process, as described later in this staff report, would also make Fremont’s program one of the most small -business-friendly programs in the Bay Area.
An overview of programs and actions recently taken related to parklets in other cities is provided below for comparison:
City Program Description Permit Cost
San
Francisco
San Francisco has phased in regulations for permanent
patio development since August 2021. Regulations and
fees vary based on whether parklets are open to the
public or for business customers only. Patios are
typically limited to two on -street parking spaces.
Applicants are required to undergo a 30 -day staff
review, post a 10 -day public notice at the proposed
site, and (in some cases) attend a public hearing on the permit application.
For small-business
private patios:
$1,500 for the first
parking space;
$750 for a second
space; plus $1,000
per parking space
per year
Staff Report (ID # 4595) Meeting of May 10, 2022
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 4
Burlingame As of April 1, 2022, Burlingame has increased rental fees and cleaning fees applicable to temporary parklets, which are located on the street in its downtown dis trict.
Additional design standards for the parklets are also
forthcoming. Staff indicated that these future design
guidelines are likely to include a prohibition on orange safety barriers and a requirement that the floor that is level with the sidewalk.
$431 permit fee;
plus $1,500/year
space rental
charge; plus $250
monthly cleaning
fee
Los Altos Los Altos adopted a parklet program as of November 2021. The program requires that businesses choose
from two approved parklet design templates. The
program also institutes additional design guidelines for customizable portions of the parklets. The permanent
parklet permit must be renewed by the business every
year. The new program will go into effect at the
conclusion of the local emergency declaration (specific date TBD).
$500, plus
$100/year annual
renewal fee
San Mateo San Mateo’s Permanent Parklet Program was adopted in 2021. The program allows parklets in commercial
districts along the curb -side on public streets. A
maximum of two parallel parking spaces o r four
perpendicular spaces may be used for each parklet
without regard for parking requirements. Parklets are
required to be flush with the sidewalk through provision of a raised platform. Roofs, trellises, and tent shade
structures are not permitted. Mat erials must be durable but there are no stated color, design, or aesthetic
requirements. All temporary pandemic parklets must
have received a Permanent Parklet Permit by April 30,
2022 to continue operations.
$500, plus
$250/year per
parking space
Fremont
(proposed)
Fremont’s proposed program would allow outdoor
commercial patios throughout the city on private and
public property. A maximum of four parking spaces or
750 sqft could be used for a patio. Businesses would
choose from an approved list of accessibility and barrier designs; however, in other areas, businesses would
have significant design flexibility. Existing Pop Up Patios would have until December 31, 2022 to receive a
permanent patio permit in order ensure full compliance with required regulations.
$500 one-time fee
Planning Commission Public Hearing
The Planning Commission considered the proposed zoning text amendments at their April 14, 2022 meeting. During the meeting, Commissioners discussed the locations of existing on-street patios within the City and the neighborhoods where additional on-street patios Staff Report (ID # 4595) Meeting of May 10, 2022
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 5 would be most appropriate. Commissioners also discussed the need to balance the desire for well-designed, aesthetically-pleasing long-term patios with the potentially substantial upgrade costs that such requirements may impose on businesses. There was a particular focus on the safety and appearance of tents used within patios. The Commission voted 4 -1 to recommend the proposed ordinance, without changes, to Council.
PROPOSED AMENDMENTS: The proposed text amendments would repeal the City’s current sidewalk dining ordinance (FMC Section 18.190.510) and replace it with an ordinance authorizing “outdoor commercial patios” as previously allowed on a temporary basis through the City’s PUP program. Specifically, the text amendments would create a ministerial permitting process through which qualifying businesses could create outdoor commercial patio areas within on-street parking spaces, sidewalks, and/or private property.
The amendments would update FMC Title 12 (Streets, Sidewalks, and Public Property) and FMC Title 18 (Planning and Zoning), as follows:
FMC Section
or Subsection
Section Title Description
Amendment of Section 12.05.080, Exemptions [to Encroachment Permit Requirements]
12.05.080(i) Exemptions Clarifies that an encroachment permit is not required for an outdoor commercial patio
Addition of Section 18.25.2185
18.25.2185 Outdoor commercial
patio
Defines “outdoor commercial patio”
Repeal of Section 18.190.510, Sidewalk Dining
Repeals current sidewalk dining ordinance. Sidewalk dining standards are incorporated into the new outdoor commercial patio ordinance.
Addition of Section 18.190.412, Outdoor Commercial Patios
18.190.412(a) Purpose and Intent Connects code section to definition of outdoor commercial patios in FMC 18.25.2185
18.190.412(b) Allowance Allows outdoor commercial patios in conjunction with an existing and properly permitted business.
Prohibits outdoor commercial patios established
in conjunction with:
• Adult-oriented businesses
• Firearms dealers and gunsmiths
• Head shops and retail tobacco stores
• Pawn shops
• Massage establishments
• Any business that operates under a
Zoning Administrator Permit or
Conditional Use Permit, unless authorized
through an Amendment to that permit.
Staff Report (ID # 4595) Meeting of May 10, 2022
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 6
18.190.412(c) Procedure Establishes a ministerial permitting procedure and submittal requirements. Specifies that the
permit runs with the operating business rather
than with the land. Sets expiration date for
existing PUP permits as December 31, 2022.
18.190.412(d) Operational
Standards Applicable
to All Outdoor
Commercial Patios
Establishes standards for the operation of
outdoor commercial patios to limit impacts on
adjacent users and ensure patios are maintained
in a neat, orderly condition.
18.190.412(e) Development
Standards Applicable
to All Outdoor
Commercial Patios.
Establishes low-barrier development standards
applicable to all outdoor commercial patios:
• Patios must comply with the requirements
of the California Fire and Building Codes
• Patios must be less than 750 sqft in area
• Patios shall be located immediately
adjacent to the associated business
• Patios shall not obstruct pedestrian travel
• Patios shall not conflict with utilities
• Barriers constructed in association with
the patio shall be selected from a list of
approved barriers maintained by the
Department of Public Works
18.190.412(f) Additional
Development
Standards Applicable
to Outdoor
Commercial Patios in
Private Parking Lots.
Adds two additional standards for patios within
private parking lots:
• No replacement parking is required
• Maximum size is four parking spaces
• Drive aisles shall not be converted into
outdoor commercial patios
18.190.412(g) Additional
Development
Standards Applicable
to Outdoor
Commercial Patios
on City Sidewalks.
Adds two additional standards for patios on city
sidewalks:
• Prohibits patios within street corner
locations to preserve line-of-sight
• Prohibits permanent attachments
18.190.412(h) Additional
Development
Standards Applicable
to Outdoor
Commercial Patios
within On-Street
Parking Spaces.
Adds seven additional standards for patios within
on-street parking spaces:
• Patios shall not interfere with traffic
• Patios shall not interfere with fire safety
infrastructure (hydrants, lanes, etc.)
• Patios shall be set back at least 20 feet
from the street corner
• Patios shall be located on a street with a
running slope of 5% or less
• Patios shall be located at least 10 feet
Staff Report (ID # 4595) Meeting of May 10, 2022
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 7 from a driveway opening
• Prohibits permanent attachments
18.190.412(i) Additional Standards
for Outdoor
Commercial Patios
with Alcoholic
Beverage Service.
Establishes standards for the operation of patios
with alcoholic beverage services in line with
requirements from the Department of Alcoholic
Beverage Control
18.190.412(j) Suspension of
Permits on Public
Property
Allows temporary suspension of permits with
notice on public property due to special events,
street repairs/modifications, and emergencies.
18.190.412(k) Violation of
Conditions on Public
Property
Allows the City to correct violations of the
ordinance on public property at the expense of
the applicant.
18.190.412(l) Right to Modify or
Revoke
Specifies that permits may be revoked or
modified in the following circumstances:
• The patio violates the operational or
development standards in the ordinance
• The associated business is unable to
control patrons using the outdoor patio
• The patio interferes with the sidewalk or
street
• The patio causes adverse economic
impacts on nearby property
18.190.412(m) Encroachment
Permit Not Required
Clarifies an encroachment permit is not required
for an outdoor commercial patio.
Comparison to Temporary Pop Up Patio Regulations
Most of the businesses expected to request an outdoor commercial patio already have an approved Pop Up Patio permit from the City. The proposed regulations are largely consistent with those regulations already applied to the temporary Pop Up Patios. There would be two areas of substantial changes to strengthen the accessibility, safety, and aesthetics of patios that are allowed as a long-term permitted use.
First, Pop Up Patios are considered temporary uses that are exempt from many Building and Fire Code requirements. Patios permitted through the outdoor commercial patio ordinance would be able to remain on-site long-term, so temporary regulations cannot be maintained.
Outdoor commercial patios permitted through the ordinance would be required to comply with the requirements for permanent uses in the Building and Fire Codes.
Second, under the current Pop Up Patio pilot program, staff allows substantial flexibility in the type and appearance of barriers. Businesses can use temporary materials that would not typically be permitted by the Citywide Design Guidelines, including chain -link fencing and orange molded plastic k-rails. In allowing outdoor patios on a more permanent basis, Staff Report (ID # 4595) Meeting of May 10, 2022
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 8 staff are proposing that the permitted barriers have a higher-quality appearance such as wood or metal fencing, wooden pallets, decorative planters, or decorative k-rails.
A line-by-line breakdown of how the proposed ordinance compares to existing Pop Up Patio regulations can be found in Informational Item #1.
Implementation Proposal
Staff is proposing that temporary Pop-Up Patio permits would remain in effect through December 31, 2022. This would provide an approximately seven-month “transition period” for businesses with an existing Pop Up Patio Permit to work towards obtaining an Outdoor Commercial Patio Permit.
To help offset the City’s multidisciplinary permit review costs, Staff is propos ing that City Council authorize a one-time $500 fee for the Outdoor Commercial Patio Permit applications, which is in-line with the $500 fee that is currently assessed for a Sidewalk Dining Permit. Staff anticipates that the $500 outdoor commercial patio permit fee would, on average, recover the cost of staff time associated with the review of outdoor commercial patio permits.
To further incentivize the development of outdoor commercial patios and aid businesses with the recovery from the pandemic, staff is proposing to administratively reallocate $40,000 of Community Development Block Grant (CDBG) CARES Act Funding to provide fee reimbursements to businesses that receive patio permits under this new program. Under this proposal, a business issued an Outdoor Commercial Patio Permit prior to December 31, 2022 could apply for a reimbursement of the $500 permit fee.
PROJECT ANALYSIS: In addition to supporting the Council’s goal of revitalizing commercial districts, the proposed amendments would be consistent with the General Plan and the following policies and implementation measure contained in the Land Use and Economic Development Elements:
Land Use Policy 2-1.10: Pedestrian Scale
Create a more pedestrian-oriented environment in Fremont’s City Center, its five Town Centers, and the other Transit-Oriented Development areas shown on the General Plan Land Use Map. These areas should be characterized by:
• Convenient and continuous sidewalks, crosswalks, and walkways; • Easy access to transit;
• Comfortable outdoor spaces for pedestrian use; and
• Parking that is in structures or in shared lots to the rear of buildings rather than between buildings and the streets they face.
Land Use Policy 2-4.9: Making Shopping Centers More Pedestrian Friendly Support the transformation of auto-oriented shopping centers—currently characterized by retail strips surrounded by large surface parking lots—into more pedestrian-oriented centers. The City aspires to create more contemporary “Main Street” shopping environments, with wide sidewalks, pedestrian crosswalks, transparent storefronts for window shopping, varied facades, awnings, attractive street furniture, public art, landscaping and street trees, decorative street lighting, and pedestrian-scaled signage.
Staff Report (ID # 4595) Meeting of May 10, 2022
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 9 Land Use Policy 2-4.10: Activating Commercial Centers
Encourage uses and activities in commercial centers which generate foot traffic, create a stronger sense of place, and bring life to outdoor spaces.
Land Use Implementation Measure 2-4.10.A: Outdoor Dining Review development regulations to identify, and where feasible remove, constraints to outdoor dining and sidewalk cafes, especially in the City Center and Town Center areas.
Economic Development Policy 6-1.2: Fremont as a Business-Friendly Community
Promote Fremont as a business-friendly community and location of choice for a broad range of business types. Offer programs that expedite permitting and create a supportive environment for local business to increase local employment and revenues.
The proposed zoning text amendment would create a streamlined permitting process to allow businesses to operate outdoor commercial patios. These patios would create a more pedestrian-scale environment by adding comfortable spaces for pedestrian use to shopping centers on private property and commercial centers within on-street parking spaces and public sidewalks. The patios would facilitate additional outdoor dining opportunities. The proposed zoning text amendment was developed with substantial input from businesses and would simplify the permitting process for applicants.
FINDINGS FOR APPROVAL: In accordance with FMC Chapter 18.225, amendments to the Zoning Ordinance must be heard by both the Planning Commission and City Council. The City Council must make the following findings listed in FMC Section 18.225.050:
• The proposed amendment is consistent with the General Plan and, where the amendment is to the text of the General Plan, it is consistent with the other policies and chapters.
Analysis: The proposed amendments would be consistent with the General Plan Land Use and Economic Development Elements, as enumerated in the General Plan Conformance section of the staff report, and is consistent with the City Council’s adopted priorities to support economic development and increase the vitality of commercial corridors.
• The proposed amendment furthers the public interest, convenience, and general welfare of the city.
Analysis: The proposed amendments would further the public interest, convenience and general welfare of the City by facilitating outdoor commercial activity within aesthetic and safe outdoor areas. The proposed ordinance would facilitate the development of outdoor commercial patios that improve the economic vitality of shopping centers and town center areas. The proposed ordinance includes objective performance standards that all applicants must follow in order to ensure that outdoor commercial patios do not have any off-site impacts on the welfare of adjacent uses.
The Fremont Fire Department and Public Works Department have reviewed the Staff Report (ID # 4595) Meeting of May 10, 2022
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 10 proposed ordinance and determined that the proposed regulations adequately address fire and life safety concerns.
FISCAL IMPACT: The City’s Development Services Center operates on a cost-recovery basis, in that the City recovers costs for time spent reviewing projects through fees and deposits paid by project applicants. Staff anticipates that the $500 outdoor commercial patio permit fee would, on average, recover the cost of staff time associated with the review of outdoor commercial patio permits.
Staff is additionally proposing to reallocate $40,000 of Community Development Block Grant (CDBG) CARES Act Funding to provide fee reimbursements to businesses that receive patio permits before December 31, 2022. This money is specifically earmarked for economic recovery efforts and therefore providing reimbursement would not result in any fiscal impact to the City.
ENVIRONMENTAL REVIEW: The proposed actions are exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each on a separate and independent basis, (1) CEQA Guidelines Section 15061(b)(3) in that the actions do not have the potential to cause a significant effect on the environment, and are not subject to CEQA review; and (2) CEQA Guidelines Section 15183, as a project consistent with the development densities and policies in the general plan and existing zoning and which does not involve any peculiar significant effects that were not previously analyzed or discussed as significant effects in prior EIRs on the General Plan (SCH#2010082060) with which the project is consistent.
The proposed ordinance would facilitate the continuation of existing outdoor commercial patios permitted under the COVID-19 pandemic emergency on a long-term basis. The ordinance would implement additional development and operational standards, which seek to minimize any effects on adjacent users and the environment. Any specific impact of the proposed amendments on the development of new outdoor commercial patios would be too speculative for reasoned analysis in the absence of an exact development proposal. All future development proposals would be required to comply with the objective permitting standards in the proposed ordinance. The recommended amendment to the Master Fee Schedule is not a “project” subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is a government fiscal activity that does not involve a commitment to any specific project which may result in a potentially significant impact on the environment, it is a continuing administrative activity of the City, and is as it can be seen with certainty that there is no possibility that the renaming of the fee may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3) .
Furthermore, the proposed amendments are part of the project analyzed in the General Plan EIR and none of the circumstances necessitating preparation of a subsequent EIR pursuant to CEQA Guidelines Section 15162 are present. The proposed amendments are consistent with General Plan policies to encourage pedestrian-oriented commercial activity, including outdoor dining. The primary operations of the associated businesses would not change, and the use of limited additional outdoor space would not have any new effects that were not previously analyzed in the operation of these sites as analyzed in the General Plan EIR.
Staff Report (ID # 4595) Meeting of May 10, 2022
Updated: 5/6/2022 9:15 AM by Alberto Quintanilla Page 11 ATTACHMENTS:
• Exhibit A - Draft Outdoor Commercial Patio Ordinance
• Exhibit B - Resolution to Amend the Master Fee Schedule • Informational Item1 - Summary of Proposed Changes from PUP Program • Informational Item 2 - Draft Guidebook
• Informational Item 3 - Letters Of Support
RECOMMENDATION:
1. Hold public hearing.
2. Find that this action is exempt from the requirements of the California Environmental Quality Act (CEQA) per, without limitation, each as a separate and independent basis, (1) CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the proposed actions will have the potential for causing a significant effect on the environment, and are not subject to CEQA review, and (2) CEQA Guidelines Section 15183, as the proposed amendments are consistent with general plan policies as analyzed in prior Environmental Impact Reports (EIRs) for the General Plan, and none of the circumstances necessitating preparation of a subsequent EIR pursuant to CEQA Guidelines Section 15162 are present.
3. Find that the proposed amendments are consistent with the General Plan, including the Land Use and Economic Development Element policies and implementation measures discussed in the staff report.
4. Find that the proposed amendments further the public interest, convenience, and general welfare of the city by facilitating the creation of outdoor commercial patio areas that would improve the pedestrian environment and stimulate economic activity.
5. Waive full reading and introduce an ordinance approving amendments to FMC Title 12 (Streets, Sidewalks, and Public Property) and FMC Title 18 (Planning and Zoning).
6. Direct staff to document the above written findings and recommendation of the Commission to the City Council and to prepare, and the City Clerk to publish, a summary of the ordinance.
7. Adopt a resolution amending the Master Fee Schedule to delete the Sidewalk Dining Permit fee and add an Outdoor Commercial Patio Permit fee.
8. Direct staff to reallocate $40,000 of Community Development Block Grant (CDBG) CARES Act Funding to provide fee reimbursements to businesses that receive patio permits before December 31, 2022.