ITEM:		PUBLIC HEARING
13.	CONSIDER FIRST READING OF ORDINANCE NO. 164 ESTABLISHING WATER PERMIT REQUIREMENTS FOR OUTDOOR SEATING AT RESTAURANTS
Meeting Date:			March 16, 2015	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Stephanie Locke	Cost Estimate:	N/A
General Counsel Review: Yes
Committee Recommendation: The Water Demand Committee recommends approval (February 12, 2015)
CEQA Compliance: In progress. The Board will consider a CEQA determination prior to consideration of adoption.

SUMMARY: As directed by the Board on December 15, 2014, draft Ordinance No. 164 (Exhibit 13-A) changes the District’s administrative practice of not issuing Water Permits for outdoor restaurant/bar seating. The new rule allows one-half the number of interior seats to be used outdoors without a permit requirement. A Water Permit is required for exterior seats in excess of this “standard exterior seat allowance.” The draft ordinance also adds definitions to Rule 11 for Fast Food Restaurants and Wine Tasting Rooms and amends the permit exemption for temporary and unenclosed structures (including temporary exterior restaurant seats).

To implement the rule, existing and planned exterior restaurant seating (i.e., new seating approved by the Jurisdiction before September 1, 2015) will be “grandfathered” and exempted from the permit requirement. Sites that have a restaurant Water Permit on file with MPWMD will continue to be restricted to the permitted number of interior seats, but will receive a Water Permit for existing exterior seating in use as of the effective date of the ordinance. There will be no charge for documenting the existing exterior seating. After adoption, the District will contact restaurant water account holders and property owners of the pending policy change and the September 1, 2015, deadline for permitting existing exterior seating. Staff will work with the hospitality industry, the local Chambers of Commerce, and the Jurisdictions to document exterior seat counts prior to the deadline.

The ordinance has been recommended to the Board by the Water Demand Committee and has been vetted by hospitality and business interest groups. Staff also provided and discussed the ordinance with Save Our Carmel River representatives and with the Technical Advisory Committee (TAC).

An Initial Study will be circulated for comment prior to second reading. The review period will end in early April 2015, allowing staff to present any comments to the Board prior to consideration of adoption.

RECOMMENDATION: The Board should discuss the draft ordinance, receive public comment, and approve the first reading of Ordinance No. 164.

EXHIBIT

13-A Draft Ordinance No. 164 including Table 2: Non-Residential Water Use Factors

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