The City's outdoor seating program has been in place since Memorial Day weekend and has been modified as conditions in the community have changed. From the beginning, staff anticipated the program remaining in effect until December 31, 2020 or when indoor dining operations returned to normal capacity, whichever occurs first. Over the Memorial Day weekend, restaurants were limited to providing take-out food and drinks only which could be consumed in designated outdoor seating areas located on public property.
Due to a low rate of positive Coronavirus cases, restaurants in Monterey County were allowed to resume limited indoor dining operations as well as the ability to serve customers in outdoor seating areas, including those located on public property. Unfortunately, a more recent rise in positive Coronavirus cases has resulted in indoor dining services being suspended; however, restaurants are still permitted to serve customers outdoors.
The City currently allows full-line restaurants, specialty restaurants (i.e. coffee shops) and wine tasting shops to establish outdoor seating areas in the public way. Full-line restaurants are allowed up to two parking spaces and 16 seats while specialty restaurants and wine tasting shops are permitted one parking space and up to 8 seats/patrons. A limited number of sidewalk tables/seats may also be permitted in the public way depending on the availability of space which varies from location to location.
Outdoor seating areas located in public parking spaces are required to have a barrier that is between 3' and 4' tall surrounding the outdoor seating area and must be of a substantial weight (50-100 pounds). The barrier defines the boundaries of the outdoor seating area and provides visual and physical separation between patrons and vehicles. Outdoor seating areas may also include umbrellas and/or heaters, both of which are required to be removed and stored on public property at the close of business each day. Each outdoor seating area is also required to contain a private trash receptacle to accommodate waste to minimize impacts to City trash receptacles.
Restaurants that have existing private patios approved in conjunction with their Use Permits for outdoor dining may use these areas as well. Restaurants and wine tasting shops that do not have approved outdoor seating areas have been permitted to expand into adjacent courtyards through a Design Review permit.
Staff is seeking direction from the City Council on, at least, the following:
1) What, if any, further modifications should be made to the outdoor seating program?
2) Should staff solicit input from the Planning Commission on further modifications to the current (short-term) program and/or develop design guidelines and a review process for a long-term outdoor seating program?
3) Should the City permit outdoor seating in the City right-of-way for 'Drinking Places?' And if so, on the sidewalk, the number of parking spaces, hours of operations, etc? Any other conditions of approval? Should 'drinking places' be required to follow current COVID-19 State guidelines and policies on the service of alcohol outdoors?
4) Should the City seek additional assistance with code compliance for outdoor seating? And if so, should staff look for funding options and return to Council with a compliance program?
5) On reprise, how many parking spaces should be permitted for 'Specialty Restaurants,' and should outdoor seating be permitted on the sidewalk for such uses? Should the City obligate 'Specialty Restaurant' owners to monitor and direct customers on socially-distanced queuing?
6) Are there other matters specific to outdoor seating that should be addressed or readdressed such as electrical cords across the sidewalk for electric heaters, the necessity to move gas heaters every day/night, and the obligation of the proprietor to monitor customer mask wearing while ordering and while sitting, but neither eating or drinking?