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.
State and County Orders
On December 3, 2020, the State of California issued a Regional Stay-At-Home Order in response to a rise in COVID-19 cases, hospitalizations and test positivity rates. The Order states that when Intensive Care Unit (ICU) bed capacity falls below 15% in a region, the Regional Stay-At-Home Order shall remain in effect for 3 weeks. (Note: Monterey County is part of the Bay Area Region for the purpose of the State Order.)
On December 9, 2020, Monterey County proactively issued an Order commencing the terms of the Regional Order in advance of ICU capacity falling below 15%. The Order took effect at 10:00 pm on Sunday, December 13, 2020 and was set to expire at 6:00 am on Monday, January 11, 2021.
On December 17, 2020, State officials announced that the Bay Area Region would be entering the Regional Stay-At-Home Order at 11:59 pm due to the ICU capacity falling below 15%. The Order was set to expire on January 8, 2021 but has since been extended until further notice.
Since December 13, 2020, all outdoor dining has been closed and restaurants limited to take-out and delivery only. What was originally expected to be a 3-week closure of outdoor dining has now been extended for an undetermined amount of time. As a result, local municipalities are considering the use of outdoor seating areas in the public way as picnic areas where people can safely consume their take-out while enjoying the outdoors. This type of activity is currently allowed at the beach, parks and other public areas. The Council is being asked to consider whether existing “parklets” which currently occupy 80 parking spaces in the commercial area (restaurants [67 spaces] and wine tasting rooms [13 spaces] combined) should be open for public use.
Questions for Discussion
1. Should “picnicking” be allowed within permitted outdoor seating areas in the public way?
a. Limit to permitted “parklets” in the public right-of-way?
b. Allow in permitted “parklets” and approved sidewalk seating in the public right-of- way?
c. Allow in all approved outdoor seating areas (public and private)?
If allowed, staff recommends the following:
a. Permit holders must have current insurance certificates on-file with the City for outdoor seating in the public way;
b. Table service should be strictly prohibited;
c. Signs should be posted prohibiting the public consumption of alcohol;
d. Seating areas should be open to the public at-large, not just patrons of a particular establishment;
e. Permit holders should be responsible for regular sanitizing of the seating area;
f. Permit holders should provide adequate receptacles for all trash, be responsible for emptying receptacles throughout the day, and dispose of all trash within their private trash collection area;
g. Permit holders should comply with biodegradable/compostable packaging, straws and utensils;
h. Approved umbrellas may be used but should be removed at the close of business each day;
i. Heaters should be prohibited; and
j. All mask and social distancing protocols remain in effect and must be followed.