Administrative
Report
H.20., File # 22-3791 Meeting Date: 4/5/2022
To: MAYOR AND CITY COUNCIL
From: BRANDY FORBES, COMMUNITY DEVELOPMENT DIRECTOR
TITLE
RECEIVE AND FILE AN UPDATE ON THE CITY’S OUTDOOR DINING PROGRAM IN RIVIERA VILLAGE AND THE CITY’S REQUEST TO THE CALIFORNIA COASTAL COMMISSION TO MORE
PERMANENTLY ALLOW OUTDOOR DINING DECKS ON PARKING SPACES INSIDE THE
COASTAL ZONE
EXECUTIVE SUMMARY
During the COVID-19 emergency, the California Coastal Commission granted the City’s request to use certain on street parking spaces for restaurant and retail activity in the Riviera Village. The purpose of this effort was to address the constraints Redondo Beach restaurants and retailers were facing from reduced indoor capacity and COVID related social distancing protocols by creatively providing outdoor space through a temporarily permitted outdoor dining program. To further assist businesses during this difficult time, the City also allowed these dining areas to be safeguarded by the installation of temporary building materials and waived license fees typically charged for the private use of public space.
On October 19, 2021 the City Council discussed the rules and regulations that might be implemented to continue the program and make the dining decks a more permanent feature in the Riviera Village.
At the meeting, Council directed staff to request an extension of the emergency outdoor dining program from the Coastal Commission and to engage the Coastal Commission staff in discussions for a permanent program. Council also requested that staff evaluate the existing outdoor dining areas to determine if there are any that can be modified or removed to better utilize the space. It should be noted that staff completed the requested review and identified a few underutilized dining deck areas that were later modified or removed.
Central to the ongoing effort is the California Coastal Commission’s willingness to allow for the repurposing of parking spaces in the Coastal Zone. Per the direction from City Council, on December 7, 2021 staff requested Coastal Commission provide an emergency waiver extension for the current program and consider authorizing a permanent outdoor dining program. Considering the onset of the Omicron variant at that time, the State emergency order was extended through March 31, 2022. Recognizing that the emergency order deadline was fast approaching and not having received a response from Coastal Commission staff on the emergency and permanent requests, City staff again contacted the Coastal Commission on March 8, 2022 to request an extension of the emergency waiver and consideration of a permanent program. On March 10, 2022, Coastal Commission personnel notified the City that the Coastal Commission extended the City’s existing waiver through December 31, 2023 (see attached email). The email also states that the proposal for
H.20., File # 22-3791 Meeting Date: 4/5/2022
waiver through December 31, 2023 (see attached email). The email also states that the proposal for a new permanent outdoor dining program should be submitted to the Coastal Commission’s District office for review pursuant to the Coastal Development Permit process.
Following receipt of the email from Coastal Commission, the City’s Public Works Department has extended the special events permit to the Riviera Village Association to continue the current emergency outdoor dining program for an additional three months through the end of the fiscal year.
During that timeframe, staff will prepare conditions for a more permanent outdoor dining license program to begin in July, including the type of building materials and the level of fees, the City Council should consider requiring.
This item has been prepared per the Strategic Plan Objective, “Riviera Village Outdoor Dining Parklets - Report to Council on Coastal Commission response regarding long term program implementation.”
BACKGROUND
Pursuant to Public Resources Code Section 30611, the California Coastal Commission Executive Director has exercised his discretion to waive, upon request, emergency coastal permitting requirements for public agencies as deemed necessary to close those public spaces in order to protect public health and safety during the COVID-19 emergency orders. The City of Redondo Beach has utilized this waiver opportunity during the pandemic for two situations.
The first was during the initial two months of the emergency orders when the beaches and waterfront were closed to public access by the Los Angeles County Department of Public Health on March 27, 2020. Based on the areas closed per that order, the City also needed to close City-regulated Coastal Zone areas to coincide with the County closures to ensure public health and safety. The Coastal Commission authorized the waiver on March 30, 2020, and those waterfront closures were later lifted in mid-May 2020.
The second use of the waiver in Redondo Beach is related to the dining decks in Riviera Village. On May 29, 2020, the LA County Department of Public Health had revised their COVID-19 emergency order to allow restaurants to re-open under limited dining operations. Those restrictions have been revised over the period of the pandemic based on case rates and the severity of the health risk. The current LA County Department of Public Health emergency order mentions remaining vigilant against variants of the virus, including recommending masks and reducing transmission risk in higher transmission risk settings, but no longer limits indoor capacity and rescinded restrictions related to indoor dining based on vaccination status.
Early on in the COVID-19 emergency orders, the City recognized that restaurants faced difficulties accommodating social distancing and the various health precautions. During this public health emergency, typical indoor capacity had been reduced for much of the emergency order timeframe. To address capacity issues and the social distancing protocols, and to allow restaurants to rebound from the hardship the closures and reduced capacity have brought, the City of Redondo Beach requested temporarily reducing on-street parking in portions of Riviera Village to allow for outdoor dining for restaurants and help protect public health.
The parking spaces are within the Coastal Zone, and therefore the temporary reduction required a waiver approval by the California Coastal Commission. The waiver was granted by the Coastal
H.20., File # 22-3791 Meeting Date: 4/5/2022
waiver approval by the California Coastal Commission. The waiver was granted by the Coastal Commission on June 30, 2020, along with multiple amendments in July, August, September, and November 2020 to gradually expand the area (see attached maps of parking spaces available under current waiver). The waiver was done in conjunction with a special event permit issued to the Riviera Village Association Business Improvement District (BID). Once the BID received the special event permit to use the spaces, they coordinated directly with the businesses on installing the temporary dining decks.
In light of Assembly Bill 61 (AB 61), which provides businesses with pandemic relief by requiring local jurisdictions to reduce the number of required parking spaces to accommodate an expanded outdoor dining program, the Coastal Commission extended the City of Redondo Beach’s emergency waiver for the current outdoor dining program. In turn, the Redondo Beach Public Works Department amended the special event permit issued to the BID through June 30, 2022. Although the Coastal Commission emergency waiver has been extended through December 31, 2023 in line with AB 61, the intent of that extension is not only to allow the outdoor dining temporarily, but to provide time for the City to work with the Coastal Commission on a permanent outdoor dining program. Since the restaurants are now allowed to utilize their full indoor capacity, the dining decks are supplemental.
Therefore, City staff will utilize the special event permit extension timeframe through June 30, 2022 to evaluate appropriate fees and license parameters for a more permanent outdoor dining program to begin implementing and working with the Coastal Commission to memorialize. These parameters, once drafted, will be presented to the City Council for approval prior to implementation.
Attached is the staff report from the October 19, 2021 City Council meeting that provides suggested permanent program parameters to be considered. Staff will continue to refine these elements and return with a recommended licensing program and fees for City Council consideration.
COORDINATION
This item has been prepared with input from the Community Development, Public Works, and Waterfront and Economic Development Departments, the City Manager’s Office, and the Riviera Village Business Improvement District.
FISCAL IMPACT
The reduction in the number of parking spaces significantly reduces parking fee revenue. This fiscal impact however could be offset with the implementation of appropriate parking and street license fees to be implemented as part of the more permanent program.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· California Coastal Commission Waiver Extension Dated March 10, 2022 Authorizing Extension through December 31, 2023
· City Council Administrative Report Dated October 19, 2021 · Letter Dated March 24, 2020 from California Coastal Commission Initiating Emergency Waiver
H.20., File # 22-3791 Meeting Date: 4/5/2022
Process
· Current California Coastal Commission Waiver Amendment Authorization Dated November 17, 2020
· City of Redondo Beach Waiver Amendment Request Dated November 16, 2020 Representing Current Authorization (including maps)
· Hydrology and Hydraulics Report Dated October 15, 2020 Prepared by DSC Engineering · Sidewalk Dining: Fees-Submittal Requirements
· Sidewalk Dining: Exhibit A Encroachment Permit
· Sidewalk Dining: Engineering Permit Application Example · Sidewalk Dining: Insurance Requirements
· Sidewalk Dining: RBMC Title 3 Chapter 14 Encroachment Permit