ITEM:		PUBLIC HEARING
15.	CONSIDER FIRST READING OF ORDINANCE NO. 164 AMENDING REGULATIONS REGARDING OUTDOOR RESTAURANT SEATING
Meeting Date:			February 18, 2015	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Stephanie Locke	Cost Estimate:	N/A
General Counsel Review: To be completed prior to consideration of adoption
Committee Recommendation: N/A
CEQA Compliance: In progress. The Board will consider a CEQA determination prior to consideration of adoption.

SUMMARY: Attached as Exhibit 15-A is draft Ordinance No. 164. The draft ordinance changes the District’s administrative practice of not issuing Water Permits for outdoor restaurant 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.”

To implement the rule, existing and planned exterior restaurant seating (i.e., new seating approved by the Jurisdiction before August 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 August 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).

CEQA review is being conducted concurrently with first reading due to revisions prior to the early February Board meeting. The review period will end in early March 2015, allowing staff to present any comments to the Board prior to consideration of adoption.

RECOMMENDATION: The Board should discuss the draft ordinance, receive public comment, and approve the first reading of Ordinance No. 164.

EXHIBIT

15-A Draft Ordinance No. 164 U:\staff\Boardpacket\2015\20150218\PublicHrngs\15\Item 15.docx