A City Council committee Tuesday approved a motion that would establish a permit process to permanently allow restaurant al fresco dining on both private property and in the public right of way in the city’s coastal zone.
In a unanimous vote, the council’s five-member Planning and Land Use Management Committee called for a report on creating a Coastal Development Permit plan that would give permanent status to some 154 temporary al fresco permits issued during the pandemic, as well as enable other restaurants to apply for outdoor dining.
Council members Traci Park and Tim McOsker — who are not members of the committee, but who represent coastal areas — introduced the motion with the intent of providing an “invaluable lifeline” to small businesses and keeping restaurants open.
During the pandemic, the city’s Planning Department issued some 154 temporary permits for outdoor dining in the coastal zone. While a Coastal Development Permit is typically required for restaurants in the coastal zone to add or expand outdoor dining space, various state laws also provide a temporary pathway to obtain a permit for al fresco dining.
Those state laws include AB 61, which temporarily suspends local parking requirements for al fresco purposes through Dec. 31. The Coastal Commission also granted a number of temporary CDP waivers to allow al fresco dining during the pandemic.
However, AB 61 will expire at the end of this year, and any restaurant in the coastal zone will need to obtain a CDP to continue al fresco dining.
Without a CDP, the current 154 restaurants operating al fresco dining under temporary authorization would be in violation of the Coastal Act starting Jan. 1, 2024.
The Planning and Land Use Management Committee motion also states that the costs and time associated with obtaining a CDP pose a “serious burden” on coastal food establishments — with the fee for a CDP being about $16,000, and the process taking between six and nine months.
“The idea behind a programmatic CDP is to consolidate multiple CDP’s under one application process,” the motion reads.
“As of now, a programmatic CDP has been discussed at a cursory level and the details of how it will be implemented are not mentioned at all in the current al fresco outdoor dining on private property proposed ordinance. This outcome is unacceptable and can only be avoided if the city takes action now.”
The full council will consider the motion at a future date.