ITEM:

PUBLIC HEARING

 

12.

CONSIDER ADOPTION OF URGENCY ORDINANCE NO. 188 – AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT TEMPORARILY SUSPENDING RULES 20-B-6 AND 24-B-1-i PERTAINING TO EXTERIOR RESTAURANT SEATING AND THE RELOCATION/EXPANSION OF GROUP II AND WINE TASTING ROOMS IN RESPONSE TO CALIFORNIA’S BLUEPRINT FOR A SAFER ECONOMY

 

Meeting Date:

April 19, 2021

Budgeted: 

N/A

 

From:

David J. Stoldt,

Program/

N/A

 

General Manager

Line Item No.:     N/A

 

Prepared By:

Stephanie Locke

Cost Estimate:

N/A

 

General Counsel Review:  Completed.

CEQA Compliance:  This ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Existing Facilities, as these amendments relate to permitting and alterations of existing facilities.

 

SUMMARY:  On May 18, 2020, the District adopted Urgency Ordinance No. 186 suspending enforcement of Water Permit requirements for outdoor seating at restaurants to facilitate the state’s long-awaited guidelines for reopening the economy after the March 2020 Stay Home Order. At that time it was inconceivable that almost a year later restaurants, bars, wine tasting rooms, and other Group II uses would still be required to operate outdoors until certain metrics were achieved.  As the pandemic is not over, and the requirements for outdoor operations continue, there is an urgent need to continue to support and facilitate safe operations of certain businesses.

 

Although California’s Blueprint for a Safer Economy has allowed limited interior uses to resume in the Orange Tier, there remains a need for outdoor operations to minimize crossflow of customers in enclosed environments.  California’s guidelines for food and beverage businesses include removing tables and chairs from indoor areas so that six feet of physical distance can be maintained for customers and employees. The guidelines also require discontinuing seating of customers where customers cannot maintain six feet of distance from employee work and food and drink preparation areas.  Jurisdictions have supported social distancing at restaurants, bars, tasting rooms and other Group II uses by shutting down parking spaces and sidewalks to allow businesses to operate outdoors. 

 

Urgency Ordinance No. 188 (Exhibit 12-A) continues the District’s outdoor seating exemption adopted in Ordinance No. 186 and addresses the Blueprint for a Safer Economy’s guidance that Group II uses (bars and other food services) and tasting rooms operate outdoors.  As an urgency ordinance, it will expire after one year.

 

RECOMMENDATION:  Staff recommends the Board adopt Urgency Ordinance No. 188 on April 19, 2021.    

 

EXHIBIT

12-A    Ordinance No. 188

 

 

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