HomeMy WebLinkAbout061521-08.1
ADMINISTRATIVE STAFF REPORT 8.1
TO: Mayor and Town Council June 15, 2021
SUBJECT: Status of expanded outdoor space for restaurant seating, outdoor
personal service and fitness uses
BACKGROUND
With the onset of the COVID-19 pandemic in early 2020, the State of California and
Contra Costa County adopted a variety of public health measures aimed at slowing the
spread of COVID. These measures severely limited or prohibited indoor activities for
restaurants, retailers and a variety of personal service uses. These restrictions led the
state and local governments to relax regulations to allow some of these businesses to
operate outdoors.
Utilizing existing provisions of the Town’s zoning ordinance, in May 2021, the Town
began issuing Temporary Land Use Permits (TLUP) to allow existing businesses to
expand outdoors in a manner that met social distancing requirements for COVID-19, as
determined by the County Health Services, the State, or Center for Disease Control and
Prevention. This included use of private or public property for expansion of outdoor
restaurant seating, personal services, and fitness studios. This program was initially
developed in consultation with the Danville Area Chamber of Commerce to meet the
needs of local restaurants and was later expanded to allow personal service and fitness
businesses to operate outdoors as well.
By using the Town’s existing zoning ordinance, the TLUPs were structured to facilitate
businesses being able to operate at 100% of their pre-pandemic capacities. For example,
a restaurant authorized to operate with a total of 40 seats (indoors and outdoors) was
permitted by the TLUP to operate with up 40 outdoor seats, in a configuration spread out
to accommodate social distancing requirements. Over time, as health orders allowed for
resumption of some indoor uses, the permitted indoor restaurant seats counted towards
the 100% capacity allowed. By maintaining total seating capacity at 100% (consistent with
the pre-pandemic capacity) and keeping the use temporary, businesses were not required
to comply with the various regular zoning and operational requirements. In some
instances, restaurants that lacked sufficient space to expand on site, were authorized by
Town Council action to expand into adjacent public street rights-of-way, creating what
are commonly referred to as “Parklets.”
Status Update - TLUPs 2 June 15, 2021
To date, the Town has approved 56 TLUPs. These permits have been granted at no cost
to the applicants and were envisioned to remain active until businesses were cleared to
resume 100% of regular, pre-pandemic occupancy as directed by the State of California
and Contra Costa County. These permits have been instrumental in helping these
Danville businesses through the pandemic.
Throughout this past year, and as health orders have changed, the Town has continued
to approve extensions to all TLUPs every 90 days. Approved in April 2021, the most
recent extension is valid until August 1, 2021. Subsequent to the April extension, the State
announced that effective June 15, 2021, all businesses will be allowed to resume full pre-
pandemic operations. Thus, on June 15, restaurants will be allowed to operate indoors at
100% of their pre-pandemic seating levels.
On June 3, the Governor issued a letter allowing for local leaders to consider extending
use of expanded outdoor seating until December 31, 2021, to facilitate statewide
restaurant recovery. The letter cites reduced outdoor transmission for COVID-19 as basis
for the position, indicating that continued outdoor operation is in the best interest of
public health. The Legislature is also looking at extending the relaxation of alcohol
controls which has allowed these expanded outdoor areas to operate.
DISCUSSION
While the expanded seating allowed by the TLUPs has dramatically supported our local
restaurants during the pandemic, the option was envisioned and intentionally structured
to be a temporary solution. Implemented quickly, in response to the onset of the
pandemic, time was of the essence. As a result, the Town has worked with the businesses
to navigate through a series of ongoing challenges that have needed to be mitigated
frequently over the past year. Considerable time has been spent resolving a series of
issues related to circulation, refuse collection and displacement, enclosure
reconfiguration, delivery service, customer access, noise violations, visibility, loss of
parking, abatement, etc.
For several reasons, the popularity of these temporary expanded outdoor seating areas
has grown. This is due in part to the ambience and comfort level for some businesses and
patrons, and a desire on the part of the community to resume some level of pre-pandemic
normalcy, especially over the past few months. Restaurant owners and patrons have
expressed interest in making these temporary dining areas permanent. Faced with this
issue as the state reopens, many communities are considering different approaches best
suited for their needs.
Should the Town Council wish to see the continuation of expanded outdoor dining,
formal Council action would be required. With the June 15 reopening of the California
economy, the original regulatory basis for the TLUPs (allowing businesses to continue to
operate at up to 100% of pre-pandemic capacity) ceases to exist.
Status Update - TLUPs 3 June 15, 2021
Given that the existing TLUPs were extended through August 1, businesses have relied
upon that date, and consistent with the TLUP extensions, businesses should be permitted
to operate as called for under the permits through August 1 or shortly thereafter. This
would allow for businesses to gradually transition back to normal operations.
Should Town Council determine that the temporary expansion of these TLUPs should
occur beyond August 24, 2021, and terminate by no later than December 31, the following
option may be considered:
• Consider an ordinance amendment to allow for the continuation of outdoor
expanded TLUPs to a date specified up to December 31, as permitted by the State
of California that aligns with the needs for Danville. The Town Council would
specify a date that provides additional time for businesses to recover and patrons
to dine outdoors, potentially lowering the transmission of COVID-19 transitioning
into the fall. The ordinance would include specific operational criteria to address
and mitigate ongoing operational challenges (previously cited) and include more
direct ability to cite or revoke a TLUP based upon non-compliance. This option
would include setting a clear timeline for businesses with active TLUPs and
provide adequate time for the businesses to plan accordingly for removal.
It should be noted that this option does not include TLUPs authorized for fitness and
personal service, as the August 1, 2021, expiration date of those permits would remain.
Should Town Council wish to see more permanent zoning changes, it would be necessary
to address the following issues:
• Ordinance amendments to allow for increased use and to address design issues
of permanent seating and/or parklets.
• Long term solutions for issues including traffic circulation for vehicles, bicycles,
business deliveries and refuse collection.
• Collection of Downtown Parking-in-lieu fees that have not been charged for
TLUPS but would be required under the existing ordinance.
• Building code, drainage and ADA standards. The code standards for the initial,
temporary uses are not the same as those for more permanent uses and
structures.
• Impacts on special events that involve use of the public right-of-way. Hartz
Avenue has historically been home to the Town’s most popular and well attended
special events. Because none of these events were held during the pandemic, this
issue has not had to be addressed.
It may be possible to consider some of these issues as a part of a new Downtown Master
Plan, which the Town Council will be funding as part of the Town’s 2021/22 Capital
Improvement Program (CIP). This process would include looking at all opportunities to
Status Update - TLUPs 4 June 15, 2021
reimagine the downtown, providing guidelines and direction for future development,
and evaluating all types of placemaking amenities such as lighting, benches, pocket
parks, parking, outdoor dining, etc. Further, a comprehensive approach to evaluate the
future of expanded parklet dining would provide an opportunity to establish criteria and
mitigation measures to ensure safety for the community.
Both short-term and long-term recommendations could be conducted independently or
concurrently should the Town Council favor both options.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public. In addition, notice
of the meeting has been provided to businesses that have secured TLUPs.
FISCAL IMPACT
None.
RECOMMENDATION
After receiving public input on future outdoor seating, it is recommended that Town
Council provide direction to Town staff on whether staff should:
1. Administratively allow for a short extension of the existing August 1 expiration
through no later than August 24, 2021.
2. Proceed with an ordinance amendment to allow TLUPs to remain to a date specific
up to December 31, 2021.
3. Consider a longer-term plan to allow for expanded outdoor uses as part of the
upcoming Downtown Master Plan.
Prepared by:
Jill Bergman
Economic Development Manager
Reviewed by:
Joseph A. Calabrigo
Town Manager
