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Home My WebLink About10. Outdoor Dining - Adopt Ordinance AGENDA MEMO DATE: July 27, 2010 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF THE CITY MANAGER By: Brian Saeki, Director of Community Development SUBJECT: CODE AMENDMENT NO. 06-120, REV ‘C’, A REQUEST TO AMEND SECTIONS 9314.06(B)(2) AND 9814.04(H) OF THE DOWNEY MUNICIPAL CODE TO ALLOW OUTDOOR DINING AREAS TO BE APPROVED WITH A MINOR CONDITIONAL USE PERMIT RECOMMENDATION Staff is recommending that the City Council adopt the following titled ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING CODE AMENDMENT NO. 06-120, REV ‘C’, THEREBY AMENDING SECTIONS 9314.06(B)(2) AND 9814.04(H) OF THE DOWNEY MUNICIPAL CODE TO ALLOW OUTDOOR DINING AREAS TO BE APPROVED WITH A MINOR CONDITIONAL USE PERMIT. DISCUSSION At its July 13, 2010 meeting, the City Council held a duly noticed Public Hearing, and after fully considering all oral and written testimony and facts and opinions offered, introduced the attached Ordinance. H:\PLANNING\BLUMENTHAL\Projects\Outside dining\Staff Report_2010-7-27.doc CITY OF DOWNEY, CALIFORNIA ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING CODE AMENDMENT NO. 06-120, REV ‘C’, THEREBY AMENDING SECTIONS 9314.06(B)(2) AND 9814.04(H) OF THE DOWNEY MUNICIPAL CODE TO ALLOW OUTDOOR DINING AREAS TO BE APPROVED WITH A MINOR CONDITIONAL USE PERMIT. THE CITY COUNCIL OF THE CITY OF DOWNEY DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby find, determine and declare that: A. On October 28, 2008, the City Council adopted Ordinance No. 08-1236, thereby approving Code Amendment No. 06-120, a comprehensive update to the Zoning Code (Chapters 1 through 8 of Article IX of the Municipal Code); and, B. On April 10, 2010, the Planning Commission initiated Revision ‘C’ to Code Amendment No. 06-120, thereby allowing staff to analyze the process in which the City reviews outdoor dining areas; and, C. On May 26, 2010, pursuant to the requirements of CEQA, a Notice of Intent to adopt a Negative Declaration was filed with the Los Angeles County Recorders office; and, D. On June 16, the Planning Commission conducted a duly noticed public hearing on Code Amendment No. 06-120, Rev ’C’ and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted Planning Commission Resolution No. 10-2646, recommending that the City Council adopt a Negative Declaration and approve the proposed Code Amendment; and, E. On July 2, 2010, notice of the Code Amendment No. 06-120, Rev ‘C” was advertised as an eighth page ad in the Long Beach Press Telegram; and, F. The City Council held a duly noticed public hearing on July 13, 2010, at which time the City Council considered all oral and written testimony. SECTION 2. The City Council further finds, determines and declares that declares that after preparing an Initial Study in compliance with the requirements of the California Environmental Quality Act, which found that there would be no significant environmental impacts created by the proposed Code Amendment, a Negative Declaration was prepared. Based on its own independent judgment that the facts stated in the initial study are true, the City Council hereby finds that the approval of the Code Amendment will not have any potential negative environmental impacts. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings, the City Council further finds, determines and declares that: 1. That the requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. The proposed code amendment will serve to encourage the establishment of outdoor dining areas at restaurants. This will allow the development of new restaurants in the City and that will drive high quality development. Furthermore, having outdoor eating areas will encourage the community to eat outdoors in the fresh air, thereby promoting the public health. This amendment will allow a harmonious development of the community, while protecting in the public health, safety, and general welfare. ORDINANCE NO. ____ PAGE TWO 2. The proposed amendment is in general conformance with the General Plan. General Plan Policy 9.1.1 states, “Develop Programs to attract and retain businesses.” The code amendment will allow the City to attract more quality restaurants to the city. Further, this change will allow the existing restaurants to provide a service to their patrons and thereby having a higher likelihood of succeeding, thus retaining the business in the city. SECTION 4. The City Council of the City of Downey herby amends Article IX, Chapter 3, Section 9314.06(b)(2), to read as follows: Outdoor Dining. Notwithstanding the provisions of Section 9314.06(B)(1), restaurants, cafes, coffee establishments, and other eating establishments may have an outdoor eating/dining area, subject to approval of a Minor Conditional Use Permit by the City Planner. Outdoor eating areas shall be enclosed by a solid decorative masonry wall or decorative ornamental wrought iron fence not less than forty-two (42) inches in height that does not impede pedestrian movement, ADA access, or access to adjacent properties (Figure 9.3.4). No chain-link fences are allowed. SECTION 5. The City Council of the City of Downey herby amends Article IX, Chapter 8, Section 9814.04(h), to read as follows: Minor Conditional Use Permit. Minor Conditional Use Permits are for large family day care homes in the residential zones and for outdoor dining areas in the commercial zones. SECTION 6. Based upon the findings set forth in this ordinance the City Council adopts the Negative Declaration of Environmental Impact and approves Code Amendment No. 06-120, Rev ‘C’. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. th APPROVED AND ADOPTED this 13 day of July, 2010. ANNE M. BAYER, Mayor ATTEST: KATHLEEN L. MIDSTOKKE, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF DOWNEY ) CITY OF DOWNEY, CALIFORNIA ORDINANCE NO. ____ PAGE FOUR I HEREBY CERTIFY that the foregoing Ordinance No. ___________, was introduced at th a Regular meeting of the City Council of the City of Downey held on the 13 day of July, 2010, th and adopted at a Regular Meeting of the City Council of the City of Downey held on this 27 day of July, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. ________, was published in the Press-Telegram, a newspaper of general circulation in the City of Downey, on ___________ (after introduction), and on ________________ (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. __________________________________ KATHLEEN L. MIDSTOKKE, City Clerk S:\Agenda Memos CC 2010\07-27-10\Code Amend-Outdoor Dining.doc Code Amendment No 06-120 Rev ‘C’ June 13, 2010- Page 4