The Outdoor Seating in the Public Way program allows full-line restaurants, specialty restaurants (i.e. coffee shops), wine tasting rooms and bars (operating as restaurants) to establish outdoor seating areas in the public way. Full-line restaurants, some wine tasting shops and bars operating as restaurants, are allowed up to two public parking spaces and 16 seats and specialty restaurants are allowed one parking space and 8 seats. Sidewalk seating may also be permitted 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 seating area and must be of a substantial weight (50-100 pounds). The barrier defines the boundaries of the outdoor seating area and provides a visual and physical separation between patrons and vehicles. Outdoor seating areas may also include umbrellas and/or heaters. Umbrellas are required to be removed from the public way at the close of business daily and stored on private property. Heaters may remain within outdoor seating areas but propane tanks are required to be removed and safely stored on private property. Each outdoor seating area is required to provide a private trash receptacle to minimize impacts on City-supplied trash receptacles.
Restaurants that have private patios approved as part of their Use Permits may continue to use these areas. Expansion of outdoor seating beyond what is allowed under the Use Permit requires a no-fee Design Review permit. At no time can an outdoor seating area on private property obstruct the path of travel for persons with disabilities or obstruct required egress from buildings. Property owner approval is required for all outdoor seating areas on private property.
The mayor’s ad-hoc committee on outdoor dining meets approximately every two weeks to discuss the current state of the program as well as the future need for, and implications of, outdoor dining. Should the Council decide to extend the program, the committee would continue to meet on a regular basis and solicit feedback from a variety of stakeholders including retailers, residents, restaurants and wine tasting rooms.
Should the Outdoor Dining program be extended? If so, for how long?
The City’s outdoor seating program has been in place since May 2020 and has been modified as conditions in the community have changed. From its inception, staff anticipated the program remaining in effect until indoor dining operations returned to normal capacity or December 31, 2020, whichever occurred first. With the end of the year rapidly approaching and the prohibition on indoor dining remaining in effect for the foreseeable future, staff is seeking direction from the Council on whether the program should be extended and if so, for how long. The restaurant and wine tasting communities have expressed some reservations about investing more money in their outdoor seating areas until they know whether the program will be extended and for how long. At the last ah-hoc committee meeting there was general consensus that an extension to April 30, 2021 would give staff time to explore a long term solution to outdoor dining.
If the program is extended, should the City collect application and/or parking reservation fees to offset the on-going costs to manage the program?
The application fee for a typical, temporary encroachment permit is $210. Temporary encroachments generally include, trenching, driveway replacements, and utility work (i.e. PG&E).
Parking space reservation fees associated with special events include a $735 permit fee and a $100 per stall per day fee. During peak demand periods, the parking stall fee is $200 per stall per day.
Construction parking permits are $35 for the permit and $35 per stall per day.
Below is a table that shows the potential costs for continued use of public parking spaces over a one to three-month period.
Table 1. Application Fees for use of Public Parking Spaces
|
Special Event
|
30 days
|
60 days
|
90 days
|
Construction Parking
|
30 days
|
60 days
|
90 days
|
|
$735 permit fee
|
$735
|
$735
|
$735
|
$35 permit fee
|
$35
|
$35
|
$35
|
|
$100/day for 1 space
|
$3,000
|
$6,000
|
$9,000
|
$35/day for 1 space
|
$1,050
|
$2,100
|
$3,150
|
|
$200/day for 2 spaces
|
$6,000
|
$12,000
|
$18,000
|
$70/day for 2 spaces
|
$2,100
|
$4,200
|
$6,300
|
|
Total Cost
|
$3,735-$6,735
|
$6,735-$12,735
|
$9,735-$18,735
|
Total Cost
|
$1,085-$2,135
|
$2,135-$4,235
|
$3,185-$6,635
|
What types of outdoor seating covers are acceptable in the public way? Should we explore the use of electric heaters in-lieu of propane?
Since the end of daylight savings time, the weather has become significantly colder and the potential for rain creates challenges for outdoor dining. There has been some interest in replacing umbrellas with waterproof awnings or pop-up tents. However, the restriction on one solid wall has left many businesses skeptical whether adequate protection from the weather can be achieved. There are additional challenges with using heaters in close proximity to combustible materials such as umbrellas, awnings, trees and buildings.
Should we allow more than 16 seats within outdoor dining areas with the use of plexi-glass barriers? If so, how many seats should be allowed?
Other potential changes to the program include an increase in seats within the outdoor dining areas in the street. The program currently sets a limit of 16 seats if social distancing can be maintained. This has been challenging and more restaurants are investing in freestanding plexi-glass barriers between tables. With the addition of this safety feature, restaurants are also asking for additional seats. One of the challenges with plexi-glass barriers is that they create “walls” and could be viewed as violating County guidance for covered outdoor seating areas especially in combination with pop-up tents/canopies which have a lower height. Enclosing the outdoor dining areas to protect patrons from wind and rain will restrict air flow and could contribute to the spread of the Coronavirus.
Should there be a standard closing time for outdoor dining in the public way? If so, what time should that be?
Hours of operation has also been a topic of discussion. Restaurants and wine tasting rooms are currently operating in accordance with their Use Permit hours of operation for indoor dining. This varies from permit to permit.
What approach to enforcement is most appropriate? Revocation of permits or citations?
Enforcement of the outdoor seating program requires constant monitoring and redirects code compliance resources away from other enforcement activities such as responding to complaints and proactive enforcement in the residential areas. Common violations include, exceeding seating capacity; placing heaters too close to umbrellas and trees and in the sidewalk where it obstructs pedestrian flow; and, not maintaining 6 feet of social distancing between patrons.
What does the future of the outdoor seating program look like? Should staff engage the Planning Commission in discussions about outdoor dining as a permanent fixture in the village?
The outdoor seating program was established in response to the shutdown of restaurants due to the rapid spread of the Coronavirus. The terms and conditions of the program continue to change to improve the safety and comfort of outdoor dining. What originally began as a temporary accommodation in the public way has become a longer term solution due to the extended period of restaurant closures for indoor dining. Many businesses have made substantial investments to-date to improve the safety and functionality of their outdoor dining spaces. If the outdoor seating is to continue for the foreseeable future a more comprehensive discussion between stakeholders and the Planning Commission should be considered. The Council should also take into consideration redirecting limited staff resources for the continued management of the program and the effect it will have on delivery of other services in the Community Planning & Building Department.