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File #: 19-0006    Version: 1
Type: Gen. Bus. - Staff Report Status: Passed
In control: City Council Regular Meeting
On agenda: 1/2/2019 Final action: 1/2/2019
Title: Second-Story Outdoor Dining Use Permit Guidelines for the Downtown Commercial (CD) Zone (Community Development Director McIntosh). ADOPT GUIDELINES
Attachments: 1. Second-Story Outdoor Dining Guidelines, 2. Second-Story Outdoor Dining Map, 3. Existing Regulations Fact Sheet, 4. Public Comments
Date Ver.Action ByActionResultAction DetailsDetailsVideo
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TO:
Honorable Mayor and Members of the City Council

THROUGH:
Bruce Moe, City Manager

FROM:
Anne McIntosh, Community Development Director
Nhung Madrid, Senior Management Analyst
Ted Faturos, Assistant Planner

SUBJECT:Title
Second-Story Outdoor Dining Use Permit Guidelines for the Downtown Commercial (CD) Zone (Community Development Director McIntosh).
ADOPT GUIDELINES
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council review and accept the new and revised Use Permit guidelines for second-story outdoor dining in the Downtown...Body

FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.

BACKGROUND:
On October 16, 2018, the City Council conducted a duly noticed public hearing to consider Ordinance No. 18-0022 and Ordinance No. 18-0023 (Local Coastal Program Amendment) to revise land use regulations in the Downtown Commercial (CD) Zone.

After receiving public testimony, the City Council discussed second-story outdoor dining. Urgency Ordinance No. 18-0019-U had imposed a temporary prohibition on second-story outdoor dining, pending study of the pros and cons of allowing second-story outdoor dining. Prior to Urgency Ordinance No. 18-0019-U, second-story outdoor dining was permitted with a use permit.

After deliberation, the City Council voted 4-1 (Mayor Napolitano voted no) to allow second-story outdoor dining on balconies projecting over the public right-of-way, through a Use Permit process, subject to certain development standards. The City Council directed staff to prepare specific performance measures to be used as guidelines for these types of applications, and work with various stakeholder groups to further refine the guidelines.

DISCUSSION:
As directed by the City Council, staff developed second-story outdoor dining guidelines for the Downtown and solicited feedback from various community stakeholders including residents, b...

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