PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.C
SUBJECT/TITLE:
CONSIDERATION OF FEASIBILITY OF A PERMANENT OUTDOOR DINING STUDY
RECOMMENDATION:
Provide direction to staff on the implementation of an outdoor dining program, if desired.
BACKGROUND:
Throughout the COVID-19 pandemic, one of the City Council’s top priorities was supporting local businesses as they adapted to the ever-changing health crisis. One of the actions the Council took to specifically support local restaurants was to close parking on portions of Pomeroy Avenue, Cypress Street, Shell Beach Road, and Hinds Avenue to allow restaurants to use the public right-of-way for outdoor dining parklets. That program ended on September 30, 2022, and encroachments into the public right-of-way were required to be removed by October 3, 2022.
At the September 20, 2022, City Council meeting, the Council directed staff to return with an agenda item to provide the Council an opportunity to discuss the potential hiring of a consultant to conduct a study regarding the feasibility of a permanent outdoor parklet program, an outdoor dining on private property program, and/or conversion of Pomeroy Street to a public promenade.
Parklets (Outdoor Dining on Public Property)
The Council most recently considered outdoor dining options at its February 1, 2022, meeting. That staff report (Attachment 1) focused primarily on implementation of a parklet program, but contains relevant information to aid in the Council’s current discussion.
In addition to the practical considerations outlined in that report, another consideration is the issue of public perception, such as conflicts that may arise when non-restaurant retailers feel that nearby restaurants benefit disproportionately from the use of public space in the form of outdoor dining. In other cities, retailers have expressed frustrations with restaurants being allowed to utilize parking spaces or otherwise blocking visibility of storefronts. While staff has not received direct reports of this locally, it is potentially a matter for the Council to consider.
If the Council wishes to develop a permanent parklet program, in addition to staff time pursuing Local Coastal Program (LCP) amendments and Coastal Commission approval, costs of approximately $20,000–$30,000 could be incurred for a consultant to develop the permanent parklet design standard and associated policies/best practices.
Outdoor Dining on Private Property
Through the pandemic, restaurants with onsite parking were temporarily permitted to utilize these parking lots for the placement of outdoor dining through the Temporary
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Outdoor Dining Area Certification process. This was accomplished by the Council allowing the temporary waiver of onsite parking requirements contained in the Pismo Beach Municipal Code (PBMC) in conjunction with the public health orders from the State and County.
The PBMC dictates the amount of onsite parking required by land use. In general, restaurants are required to have one parking space per 75 square feet of dining and waiting area. Should the Council wish to direct staff to pursue a permanent outdoor dining on private property program, it is anticipated that the program would need to include revisions to the PBMC regarding parking requirements for restaurants and outdoor dining, as well as requiring the payment of parking in-lieu fees.
Pomeroy Avenue Closure
The concept of closing Pomeroy Avenue to vehicular traffic has been raised a number of times over the years. The intent of this closure would be to allow the development of a pedestrian- and publicly-oriented square to allow for outdoor dining and other activities.
Should the Council be interested in pursuing this action, staff would develop a Request for Proposals for a consultant to lead the development of a plan to address the varying aspects of the closure of Pomeroy Avenue, including, but not limited to:
Vehicular circulation
Emergency access and response
Public Works access for maintenance and trash duties
Loss of parking
Commercial deliveries
Public space allocation
Impacts to coastal resources
Staff anticipates that this type of effort would cost approximately $65,000.
Risk Management
Since the February 1, 2022, City Council meeting, staff has examined the practical and legal issues surrounding the extent of a city’s obligation to reduce risk and liability associated with parklets. In general, the best practices include making these temporary facilities a permanent fixture of the community. This typically includes:
Structural integration
Permanent curbing
Stormwater and draining considerations
Disabled access
Permanent utilities
Fire safety
Additional liability and insurance costs
A number of these items were identified as needing further research in the February 1, 2022, report. Should the Council direct staff to further consider a permanent program, research would include risk reduction wherever possible.
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Conclusion and Recommendation
Outdoor dining has been a topic of discussion by the City Council throughout the COVID- 19 pandemic. While outdoor dining has benefits, it also has tradeoffs. Staff recommends that the City Council provide staff direction regarding the Council’s desire to proceed with any options related to outdoor dining.
FISCAL IMPACT:
There is no additional fiscal impact associated with this report. Direction provided by the Council would result in future fiscal impacts which are undetermined at this time.
ALTERNATIVES:
1. Do not provide direction; defer this matter to the Goal-Setting Workshop in February 2023.
ATTACHMENTS:
1. February 1, 2022, City Council staff report
Submitted by: Meeting Date: November 15, 2022
Matthew Downing, Community Development Director
City Manager Approval:
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