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AGENDA BILL Agenda Item No. 6 Date: April 2, 2013 To: El Cerrito City Council From: Noel Ibalio, Senior Planner Subject: Amend El Cerrito Municipal Code Section 19.35.020 (Temporary Uses) Conduct a public hearing and upon conclusion, introduce by title, waive any further reading and approve an ordinance amending El Cerrito Municipal Code Section 19.35.020, Temporary Uses, to allow greater flexibility for entertainment, recreational and leisure venues, particularly in the form of special events. BACKGROUND In June 2012, the City Council initiated a strategic planning process to create a multi- year plan for the future. This Strategic Plan provides a framework for linking identified priorities to the budget process, capital improvement program, important policy considerations, economic development initiatives, and the organization’s desire for continuous improvement. Through this process, the community was able to engage and participate in providing feedback to the City Council that allowed them to articulate the City’s mission, vision, and values, from which goals and strategies were developed that will guide the organization into the future. On April 2, 2013, the City Council is scheduled to consider adoption of the Plan. The Strategic Plan envisions that the City “is a safe, connected, and environmentally focused Bay Area destination with vibrant neighborhoods, businesses and public places, and diverse cultural, educational and recreational opportunities for people of all ages.” From this vision, many community members expressed that El Cerrito should foster a “sense of place” and community identity. As a result, this has become an articulated goal in the Plan, with the strategy to implement the goal to “identify, promote, and/or develop entertainment, recreational, and leisure activities for people of all ages and demographics.” In this respect, economic development is envisioned to play a key role, and the desire to create these opportunities in a streamlined fashion has been identified as a critical element to implement these goals. The proposed text amendments will allow greater flexibility for entertainment, recreational and leisure venues, particularly in the form of special events. These amendments are in keeping with the economic objectives and the City’s vision of creating a sense of place. The amendments will clearly identify where temporary City- sponsored events can locate and will provide flexibility in the allowed duration of a Temporary Use Permit (TUP). ---PAGE BREAK--- Agenda Item No. 6 Page 2 ANALYSIS The proposed text amendments to Section 19.35.020 of the El Cerrito Municipal Code are as follows (underline indicates text that is added and strikethrough indicates text that is deleted): Section 19.35.020 Temporary Uses: B. Exempt Temporary Uses. The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that do not fall with the categories defined below shall comply with Subsection C. 2. Events. Events on nonresidential property including the following: City Hall. Any temporary activities conducted at City Hall. City- sponsored Events. Any temporary activities conducted sponsored by the City, unless the Zoning Administrator determines a Temporary Use Permit is necessary to effectuate the purposes of this chapter. C. Temporary Use Permit Required. A temporary use permit shall be required for the following types of temporary uses: 2. Arts and crafts shows, auctions, civic and community events, fairs, farmers' markets, festivals, flea markets, food events, recreation events, rummage sales, second hand sales, street fairs, and swap meets for 10 consecutive days or less, or five two-day weekends, for up to within a 12 months period.” The purpose of the amendments is to simplify and clarify the intent of Temporary Use Permits (TUP). The amendment to Section 19.350.020 B. 2, is to exempt City- sponsored events regardless of location. City-sponsored events in the past have occurred at City parks, at City Hall, and on public rights-of-way. The amendment allows TUP exemptions of City-sponsored events anywhere within the City, including schools, city rights of way, parking lots, or private property. This amendment does allow the Zoning Administrator the authority to require a TUP to analyze potential impacts of an event and provide conditions of approval to reduce or eliminate such potential impacts. The second amendment (Section 19.35.020C. 2. allows the flexibility of a TUP to occur within a 12 month period. Based on the amended language, an event under a TUP may occur multiple times a year or on consecutive days subject to the approval of the Zoning Administrator. Such an amendment could encourage street fairs, farmer’s markets, and other such outdoor events. The Planning Commission considered this text amendment at their March 20, 2013 meeting and unanimously passed Resolution PC13-05 recommending approval to the City Council. ---PAGE BREAK--- ---PAGE BREAK--- Agenda Item No. 6 Attachment 1 1 ORDINANCE 2013–XX AN ORDINANCE OF THE CITY OF EL CERRITO AMENDING EL CERRITO MUNICIPAL CODE SECTION 19.35.020, TEMPORARY USES, TO ALLOW GREATER FLEXIBILITY FOR ENTERTAINMENT, RECREATIONAL AND LEISURE VENUES, PARTICULARLY IN THE FORM OF SPECIAL EVENTS THE CITY COUNCIL OF THE CITY OF EL CERRITO DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. Section 19.35.020 B. 2. of the El Cerrito Municipal Code is hereby amended with the following additions and deletions to read as follows (additions in underline, deletions in strikethrough) : B. Exempt Temporary Uses. The following minor and limited duration temporary uses are exempt from the requirement for a Temporary Use Permit. Uses that do not fall with the categories defined below shall comply with Subsection C. 2. Events. Events on nonresidential property including the following: City Hall. Any temporary activities conducted at City Hall. City-sponsored Events. Any temporary activities conducted sponsored by the City, unless the Zoning Administrator determines a Temporary Use Permit is necessary to effectuate the purposes of this chapter. SECTION II. Section 19.35.020 C. 2. of the El Cerrito Municipal Code is amended with the following additions and deletions to read as follows (additions in underline, deletions in strikethrough): C. Temporary Use Permit Required. A temporary use permit shall be required for the following types of temporary uses: 2. “ a. Arts and crafts shows, auctions, civic and community events, fairs, farmers' markets, festivals, flea markets, food events, recreation events, rummage sales, second hand sales, street fairs, and swap meets for 10 consecutive days or less, or five two-day weekends, for up to within a 12 months period.” SECTION III. This ordinance is adopted pursuant to the procedures established by state law, and all required notices have been given, and the public hearing has been properly held and conducted. ---PAGE BREAK--- Agenda Item No. 6 Attachment 1 2 SECTION IV. This ordinance shall take effect and be enforced thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof, the ordinance or a summary thereof shall be posted or published as may be required by law, and thereafter the same shall be in full force and effect. The foregoing ordinance was introduced at a regular meeting of the City Council on April 2013 and passed by the following vote: AYES: NOES: ABSENT: Adopted and ordered published at a regular meeting of the City Council held on the April 2013 and passed by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Gregory B. Lyman, Mayor ATTEST: Cheryl Morse, City Clerk IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on April 2013. Cheryl Morse, City Clerk