On Tuesday night, the Walnut Creek City Council will seek to finalize and adopt its Outdoor Dining Ordinance that it has been working on since last June.
On December 6, 2022, Council acted on additional elements needed for the implementation of the Outdoor Dining Policy, which included introducing the ordinance to create an Overlay Zone, making necessary amendments to the Municipal Code, and authorizing use of the Parking In-Lieu program as a component of outdoor dining.
On November 29, 2022, the Planning Commission adopted a resolution recommending City Council adopt the proposed ordinance as it relates to the Zoning Ordinance amendments, as required by state law.
Fees
With the introduction of new outdoor dining opportunities, fees for participation by restaurants or bars are also required. These include fees for use of public space (e.g., public right-of-way and public parking spaces), fees incurred by the removal of private parking spaces, and program application fees. To meet the original program goal of streamlining and simplifying processes, and City Council’s goal to support the business community, application fees will be based on a flat rate and do not reflect full cost recovery. Fees associated with the use of the space will be either an annual rate or one-time payment.
At the December 6, 2022 Council meeting, Council reviewed the proposed fee structure for implementation of the Outdoor Dining Policy and directed staff to return with a final fee structure resolution, reflecting the $12 per square foot for private patios, correcting the language in relation to private parking lots and some additional minor clarifications.
FINANCIAL IMPACTS:
Under Council’s direction, the fee for City-owned patios has changed from $36/square foot to $12/square foot.
The full program annual net revenue generation, for all outdoor dining types, is estimated at $279,600.
Funds collected from on-street PODS, City-owned patios, Sidewalk dining, and Operator Permits will be distributed to the Parking and Downtown Enhancement Fund. Parking In-Lieu fees are distributed to the Parking In-Lieu fund. Application fees will be distributed to the corresponding department budgets in the General Fund.
Meeting Information:
- January 17, 2023
- 6:00 pm – Concurrent Regular Meetings: City Council and Public Facilities Financing Authority
- City Hall at 1666 N. Main Street, Walnut Creek – locations listed below
WAIVE SECOND READING AND ADOPTION OF ORDINANCE establishing a new Overlay Zone in the Downtown area and amending the Walnut Creek Municipal Code to implement the Outdoor Dining Policy, and make a determination that adoption of the ordinance is exempt from environmental review under Section 15061(b)(3) of CEQA; ADOPTION OF A RESOLUTION approving the outdoor dining fee structure for implementation of the Outdoor Dining Policy; and ADOPTION OF amended Outdoor Dining Policy.
Documents:
- Agenda Report
- ATTACHMENT 1 – OUTDOOR DINING ORDINANCE
- ATTACHMENT 1 – EXHIBIT A – OVERLAY ZONE MAP
- ATTACHMENT 2 – FEE RESOLUTION
- ATTACHMENT 2 – EXHIBIT A – OUTDOOR DINING FEE STRUCTURE
- ATTACHMENT 3 – OUTDOOR DINING POLICY AMENDED
