DS 20-266 (SEC 7th Ave & Dolores): Consideration of a Design Review (DR 20-266, Seventh & Dolores) for a temporary structure and propane storage in the parking lot of the Seventh & Dolores Steakhouse located in the Service Commercial (SC) Zoning District. (APN 010-145-020)

CEQA Action: Staff recommends the project be found categorically exempt from CEQA pursuant to Section 15311 (Accessory Structures).

Staff recommends that the Planning Commission adopt a Resolution (Attachment 1) approving a Design Review (DR 20-266, Seventh & Dolores) for the placement of a temporary structure for outdoor dining at the Seventh & Dolores Steakhouse in response to the global Coronavirus pandemic and statewide restrictions on indoor dining for restaurants.

In December 2019 and January 2020, reports began spreading worldwide of a flu-like virus first found in China, that was more deadly than the flu generally, with the virus becoming known as the Coronavirus (“COVID-19”).

On or about March 4, 2020, as part of the State of California’s response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19.

On March 6, 2020, the County Administrative Officer of Monterey County (“County CAO”) proclaimed a Local Emergency due to the threat of COVID-19 in the County.

On March 11, 2020, the World Health Organization (“WHO”) classified the spread of COVID-19

internationally as a global pandemic.

On March 12, 2020, based on these events, the City Administrator of the City of Carmel-By-The-Sea, acting in his capacity as the Director of Emergency Services for the City, declared the existence of a local emergency within the City.

On March 13, 2020, the City Council adopted Resolution No. 2020-021 ratifying the City Administrator’s Proclamation of the Existence of a Local Emergency Due to the Worldwide Spread of the Coronavirus (“COVID-19”).

On March 17, 2020, the County of Monterey Health Officer issued a “Shelter in Place” Order requiring, among other things, that people self-isolate in their places of residence.

On March 19, 2020, Governor Gavin Newsom issued a shelter in place order for the entire State of California.

On April 3, 2020, the County of Monterey Health Officer issued a further “Shelter in Place” Order to supersede the prior Orders of the Health Officer.

On July 7, 2020, the State of California issued a statewide order closing all bars, pubs, brewpubs and breweries and restricting indoor operations for restaurants and wine tasting rooms.

On July 29, 2020, the State of California updated the COVID-19 Industry Guidance for restaurants providing outdoor dining, take-out, drive-thru and delivery.

On August 28, 2020 the State of California Public Health Officer issued an order updating the framework for reopening, which is known as California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe. Based on this Plan, indoor dining at restaurants remains prohibited in Monterey County.

In September, staff approved a temporary structure in the parking lot of the Seventh & Dolores Steakhouse for outdoor dining due to statewide restrictions on indoor dining. The approval was for a period of 3 weeks after which time it was anticipated indoor dining would be able to resume in a limited capacity and the tent would be removed.

Since that time Monterey County’s positivity rates for the Coronavirus have increased and the prohibition on indoor dining has been extended. Additionally, with the cooler weather and shorter daylight hours rapidly approaching, many restaurants are looking for ways to protect patrons dining outdoors. As a result, the applicant is requesting approval to retain the temporary structure in the parking lot for another 6 months or until indoor dining is allowed to resume at 100% capacity.

Project Description

The temporary tent structure is 50 feet by 80 feet and 18 feet tall. It is located in a portion of the 8,000 square foot parking lot adjacent to the Seventh & Dolores Steakhouse restaurant. The parking lot has been historically used for valet parking for the restaurant. The temporary structure can accommodate 18 tables and 62 seats while maintaining the required 6 feet of social distancing between patrons. The proposed hours of operation are 11 AM to 10 PM Monday through Sunday.

The existing Use Permit (UP 17-020) for the Seventh & Dolores Steakhouse allows up to 140 interior seats with hours of operation from 7 AM to 10 PM seven days a week, with no new customers accepted after 10 PM. The temporary tent structure allows the restaurant to provide 44% of the interior seats in an outdoor dining setting.  The applicant will continue to use the private patio on the east side of the restaurant for outdoor seating which is permitted to have up to 42 seats under a Use Permit (UP 17-020).

In response to State and local declarations of emergency and the subsequent closure of restaurants, the City implemented an outdoor seating program, initially for consumption of take-out orders and then for outdoor dining with table service.

Due to a prolonged period of restrictions affecting restaurant operations and their inability to offer dine-in services, the Outdoor Seating in the Public Way program was implemented under the authority of the City Administrator/Director of Emergency Services. Under this program, restaurants can apply for an Encroachment Permit to establish outdoor seating with table service within on-street parking spaces. Additional seating may be allowed on the sidewalk under certain circumstances. This program has been widely successful and allowed local restaurants to remain in business during the pandemic. The Seventh & Dolores Restaurant has an Encroachment Permit application in review for the use of two parking spaces on Dolores Street.

Restaurants that have approved outdoor seating areas on private property under existing Use Permits continue to utilize these areas but often at a much reduced capacity due to the requirements for social distancing. Where access to additional open space on private property exists, restaurants are requesting to expand their outdoor seating areas into these spaces to offset the loss of seating within their restaurants.  The Seventh & Dolores Steakhouse has access to an 8,000 square foot parking lot that can accommodate outdoor dining while the restaurant’s indoor operations are prohibited.

The Use Permit (UP 17-020) for the Seventh & Dolores Restaurant was approved in 2017 and allows for 140 interior seats and 42 outdoor seats. The closure of dine-in services and the requirement to implement social distancing protocols has significantly reduced the number of seats that can be accommodated. The 42-seat private patio remains in use and the temporary tent structure allows the restaurant to provide 44% of the interior seats in an outdoor dining setting (62 of the 140 interior seats). 

While the temporary tent structure was initially approved by staff for a period of 3 weeks, it was with the expectation that indoor dining operations would resume within that time frame. Due to changes in how the State measures the severity of the virus spread, the closure of indoor dining operations has continued much longer than expected. As a result, the Seventh & Dolores Steakhouse is requesting approval to maintain a temporary tent structure for outdoor dining for 6 months or until such time that indoor dining operations resume at full capacity.

Neighborhood Impacts

The Seventh & Dolores Steakhouse is located in the Service Commercial (SC) Zoning District and is subject to approval of a Use Permit by the Planning Commission. A Use Permit is typically required when a land use has the potential to generate negative impacts which may be mitigated through the application of conditions of approval.

Second floor residential uses are located to the east of the project site and to the west, across Dolores Street. The temporary structure would be 16.5 feet from the east property line. Staff recommends that a fabric wall be placed on the east side of the tent to act as a sound barrier between the dining area and the residential units. At this time, only one fabric wall can be used in accordance with the Governor’s guidance for outdoor dining.

Under the terms of the existing Use Permit (UP 17-020),  the restaurant’s kitchen must cease operation and no new customers can be accepted after 10 PM. Staff recommends that this condition also apply to the outdoor dining area.

The existing Use Permit (UP 17-020) does not address music in the outdoor patio area. Staff supports ambient music so long as it does not negatively impact residents living near the site.

Life Safety

The City contracts with Monterey Fire for fire suppression and prevention services. The temporary tent structure has been inspected for compliance with the Fire Code and is currently safe to occupy. Should the Planning Commission approve the application, the applicant would be required to obtain a tent permit that is consistent with the Design Review approval and applicable provisions of the Fire Code.

Aesthetics

A temporary tent structure is commonly associated with special events that are short in duration and therefore the visual impacts are limited. Due to the unique circumstances surrounding the Coronavirus pandemic and the extended period of time that indoor dining has been prohibited, the applicant is requesting approval to retain the temporary structure for at least the next 6 months. The white vinyl tent has been sited at the south east corner of the lot where it is least visible from 7th Avenue. While slightly more visible from Dolores Street, the structure maintains a generous setback. The lighting within the structure is shielded from the public way. No more than one solid wall is permitted while the tent is occupied in accordance with the Governor’s guidance for outdoor dining. The remaining 3 walls must remain open to allow for adequate ventilation.

Staff supports the proposal with the condition that the Planning Commission revisit the approval in 6 months if indoor dining operations have not returned to full capacity.

Propane Storage

Approval of a Design Review (DR 18-407) allowed for outdoor storage of propane in the southeast corner of the parking lot in accordance with the Fire Code. With the addition of the temporary tent structure in the parking lot, the Fire Prevention Officer has required that the propane storage be relocated from the southeast corner of the property to the southwest corner of the property (closer to Dolores Street). The area must be clearly delineated and vehicles are prohibited from parking within 15 feet of the storage area.

Staff supports the temporary relocation of the propane storage area despite it being more visible from the public way on Dolores Street. Staff recommends the propane storage area be returned to its prior approved location once the tent is removed.

Staff recommends that the proposed project be found categorically exempt from the California Environmental Quality Act (CEQA), State CEQA guidelines and local environmental regulations, pursuant to Section 15311 (Class 11) - Accessory Structures. Class 11 exemptions include minor structures accessory to existing commercial facilities. The project consists of a temporary tent structure accessory to the existing Seventh & Dolores Steakhouse restaurant.