Background

In 2020, the City Council recognized the impact of COVID-19 on the local economy by adopting several resolutions to provide regulatory relief for local businesses. These resolutions waived parking requirements and Alcoholic Beverage Control (ABC) regulations for outdoor dining spaces. More details can be can be found below: 

• Resolution No. 2020-33 (Suspension of Sale & Delivery of Alcohol) 
• Meeting Agenda 

• Resolution No. 2020-40 (Suspending Certain Business Regulations)
• Meeting Agenda

• Resolution No. 2020-53 (Temporary Suspension of ABC Alcohol Licenses)
• Meeting Agenda

Changes In State Law

Assembly Bill (AB) 61 

On October 8, 2021, the Governor signed AB 61. AB 61 extends ABC and local agencies’ ability to provide regulatory relief as determined necessary by each jurisdiction as it relates to alcohol service and private parking standards.

On December 15, 2021, the City Council considered the next steps associated with the requirements of AB 61. At that hearing, the City Council directed staff to: 

• Extend the waiver of parking and alcohol service for private lots and sidewalks through Temporary Use/Encroachment Permits to continue outdoor dining.
• Remove outdoor non-dining uses.
• Proceed with a process to add the allowance of alcohol within the City’s Sidewalk Café Policy.
• Initiate Municipal Code, Specific Plan, and Local Coastal Program amendments to allow for the permanent use of private and public on-street parking spaces for expanded outdoor dining areas.
• Prepare a parking study covering the coastal areas of the City.

• Meeting Agenda 
• Agenda Report

On March 16, 2022- The City Council adopted Resolution No. 2022-27 to initiate Municipal Code, General Plan, Local Coastal Program, and Specific Plan amendments regarding a permanent ordinance for outdoor dining. 

• Meeting Agenda
• Agenda Report

On April 27, 2022, the City Council extended temporary outdoor dining to January 1, 2024, consistent with AB 61.

• Meeting Agenda
• Agenda Report 

Assembly Bill (AB) 1217

On October 8, 2023, the Governor signed AB 1217 to extend the provisions of AB 61 until July 1, 2026, or until a local permanent outdoor dining ordinance has been adopted. 

On December 20, 2023, City Council extended the temporary dining regulations to July 1, 2026 and directed staff to: 

• Extend the temporary dining to July 1, 2026
• Prepare a permanent Ordinance
• Require a fee for the use of public space
• Develop design standards that include safety and aesthetics
• Include no limit on percentage of businesses per block
• Increase downtown parking limit from two to three hours
• Remove inactive parklets
• Ensure that parking is converted exclusively into seating.

• Meeting Agenda
• Staff Presentation 

Current Implementation

• Temporary Use Permit (TUP) – Outdoor dining expansion on private property
• Temporary Encroachment Permit (TEP) – Outdoor dining expansion in the City's public right-of-way

All TUP and TEP applicants must conform with the Temporary Outdoor Dining Inspection Checklist.