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ITEM: |
PUBLIC HEARING |
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20. |
CONSIDER SECOND READING AND
ADOPTION OF ORDINANCE NO. 164 ESTABLISHING WATER PERMIT REQUIREMENTS FOR
OUTDOOR SEATING AT RESTAURANTS |
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Meeting
Date: |
April 20, 2015 |
Budgeted: |
N/A |
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From: |
David J.
Stoldt, |
Program/ |
N/A |
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General
Manager |
Line Item No.: |
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Prepared
By: |
Stephanie Locke |
Cost
Estimate: |
N/A |
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General Counsel Review: Yes |
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Committee Recommendation: The Water Demand Committee recommends approval (February 12, 2015) |
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CEQA Compliance: Negative
Declaration |
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SUMMARY: Ordinance No. 164 (Exhibit 20-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 and Notice of Intent to
Adopt a Negative Declaration was circulated for comment. One comment was
received from the City of Monterey that was not related to the environmental
review. The Initial Study and related documents were also posted to the
website. |
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RECOMMENDATION:
After public comments, the Board should find that adoption of
Ordinance No. 164 has no significant environmental impacts and that an EIR is
not required (negative declaration). The
following CEQA finding is recommended for adoption and a similar finding has
been included as Finding 14 in the ordinance: Based on the Initial Study, the Monterey
Peninsula Water Management District Board of Directors finds that adoption of
Ordinance No. 164 does not have a significant effect on the environment. The Board should then adopt Ordinance No.
164 with the proposed amendment discussed below. |
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DISCUSSION:
The City of Monterey requested that Section 8 be clarified regarding
Jurisdictional approval of new exterior restaurant seats before the ordinance
deadline to establish outdoor seat counts. In response to the City’s request,
the following minor edits (shown in 1. Interior
and Exterior Restaurant Seats in use as of the effective date of this
ordinance, and new Exterior Restaurant Seats that have the Jurisdiction’s |
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EXHIBIT |
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Draft Ordinance No. 164
including Table 2: Non-Residential Water Use Factors |
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U:\staff\Boardpacket\2015\20150420\PublicHearings\20\Item
20.docx |
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