ORDINANCE O2022-__
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, AMENDING THE NAPA MUNICIPAL CODE BY REPEALING EXISTING SECTION 17.52.340 “OUTDOOR DINING” IN ITS ENTIRETY AND REPLACING IT WITH A NEW SECTION 17.52.340, “OUTDOOR DINING”, AND DETERMINING THAT THE ACTIONS AUTHORIZED BY THIS ORDINANCE ARE EXEMPT FROM CEQA WHEREAS, the City desires to simplify the Outdoor Dining process by amending Section 17.52.340 of the Napa Municipal Code (“NMC”) to update the permitting procedures and requirements for Outdoor Dining on private property; and WHEREAS, on July 7, 2022, the Planning Commission held a noticed public hearing on the proposed Ordinance amending the Outdoor Dining regulations in accordance with NMC Section 17.66.090; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meeting of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Napa as follows:
SECTION 1: The City Council hereby makes the following findings:
The City Council hereby determines that the actions authorized by this Ordinance are exempt from CEQA pursuant to CEQA Guidelines Section 15301, which exempts the operation of existing facilities involving negligible expansion of use, and Section 15061(b)(3), the “common sense” exemption, which exempts activities where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
The proposed amendment is consistent in principle with the General Plan.
The proposed amendments are consistent with the General Plan in that the amendments simplify the permitting process for Outdoor Dining in an effort to improve the character and viability of commercial areas. Specifically, the proposed amendments are consistent with Land Use Goal LU-5, which seeks to encourage attractive, well-located commercial development to serve the needs of Napa residents, workers, and visitors.
The public health, safety and general welfare are served by the adoption of the proposed amendment.
The proposed amendments are beneficial to the public health, safety and general welfare as they establish regulations for the provision of safe and well maintained Outdoor Dining facilities.
If a rezoning to a district with a larger minimum lot size is proposed, effectively reducing the planned residential density, the City shall also find that the remaining sites in the Housing Element are adequate to accommodate the jurisdiction’s share of the regional housing need pursuant to California Government Code section 65584; or if not, that it has identified sufficient additional, adequate and available sites with an equal or greater residential density in the jurisdiction so that there is no net loss of residential unit capacity.
The proposed amendment to the Outdoor Dining regulations does not rezone land, including residential land identified as contributing to the City’s ability to accommodate its share of the regional housing needs.
SECTION 2: Amendment. Napa Municipal Code Subsection 17.52.340 is hereby amended by deleting the current text in its entirety and replacing it with:
17.52.340 Outdoor Dining.
Outdoor dining on City property as an accessory use to an eating or drinking establishment shall require an outdoor dining permit issued by the Community Development Director in accordance with Chapter 12.64 of this code. Outdoor dining as an accessory use on private property shall require a design review permit issued by the Community Development Director in accordance with Chapter 17.62 of this code.
SECTION 3: Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 4: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.
City of Napa, a municipal corporation
MAYOR: _______________________________
ATTEST: _______________________________
CITY CLERK OF THE CITY OF NAPA
STATE OF CALIFORNIA
COUNTY OF NAPA SS:
CITY OF NAPA
I, Tiffany Carranza, City Clerk of the City of Napa, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the 2nd day of August, 2022, and had its second reading and was adopted and passed during the public meeting of the City Council on the ___ day of _______, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
Tiffany Carranza
City Clerk
Approved as to Form:
________________________
Michael W. Barrett
City Attorney
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