RESOLUTION NO. 23-131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, INITIATING A ZONING AMENDMENT TO SECTION 17.28.206 - TEMPORARY PARKLET DINING - TO EXTEND THE TEMPORARY PARKLET DINING PROGRAM UNTIL JULY 1, 2026 IN ACCORDANCE WITH CALIFORNIA ASSEMBLY BILL 1217 AND REFER CONSIDERATION OF THIS ITEM TO THE PLANNING COMMISSION WHEREAS, the Governor of the State of California signed into law after the 2021 legislative session various bills supporting small businesses, including AB 61 and SB 314, which provide regulatory flexibility in the service areas for alcohol and relief from parking standards while encouraging local agencies to adopt ordinances and regulations as are herein proposed that streamline the approval for outdoor dining; and WHEREAS, on November 16, 2021, the City Council directed staff to initiate a Zoning Amendment to establish a new temporary outdoor dining program as promoted by AB 61 and SB 314; and WHEREAS, proposed regulations and design guidelines were discussed by the City’s Design Review Subcommittee (DRSC) on December 15, 2021 and January 12, 2022 and also by the Planning Commission on February 16, 2022; and WHEREAS, on March 2, 2022, the Planning Commission held a duly noticed public hearing on the zoning amendments, and considered evidence presented by City staff and other interested parties and recommended approval of the Zoning Amendment; and WHEREAS, on March 15, 2022, the City Council held a duly noticed public hearing on Ordinance 1727, considered the agenda report and the Planning Commission’s recommendation in connection with the proposed amendments; and WHEREAS, on April 5, 2022, the City Council adopted Ordinance 1727 upon its second reading to establish Section 17.28.206 – Temporary Parklet Dining; and WHEREAS, the Governor of the State of California signed into law AB 1217 after the 2023 legislative session, which extends the framework for outdoor dining facilities until July 1, 2026.
NOW, THEREFORE, the City Council of the City Of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. The foregoing recitals are true and correct and incorporated by this reference.
SECTION 2. The City Council hereby directs City staff to initiate a Zoning Amendment to Section 17.28.206 - Temporary Parklet Dining - to extend the temporary parklet dining program until July 1, 2026 in accordance with California Assembly Bill 1217 and refer consideration of this item to the Planning Commission.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, 2023. __________________________
Mayor of the City of San
Clemente, California
ATTEST:
___________________________
CITY CLERK of the City of
San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-131 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of November 2023, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 23-131 Page PAGE 4
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