On June 17 Stacy Souza, Community and Economic Development Director for the City of Los Banos put forth a resolution to the City Council to an Adoption of a Resolution to Allow Temporary Outdoor Dining in Private Parking Lots and the Use City Right-of-Way to Expand Restaurant Seating Capacity. The council passed the resolution for the Outdoor dining, as long as The State of California Department of Public Health Guidelines for Dine-in Restaurants comply with local laws and regulations.
The idea is to allow for outdoor seating, where appropriate, from curb to property line while maintaining a clear path of travel. In an effort to support businesses and assist local restaurants, this is a temporary outdoor seating with alcoholic offerings.
There would be no charge to businesses to utilize this temporary allowance in the City’s effort to support dine-in restaurants during this time. This temporary allowance would expire on October 31, 2020, unless extended by the City Council and would be subject to the key provisions: Please see the following provision.
1. Prior to creating an outdoor dining area, the business owner shall submit a Temporary Outdoor Dining Permit to the Community and Economic Development Department.
a. Provide written permission and signature from property owner.
b. Provide site plan of the outdoor seating area which indicates the number of tables and chairs and provisions for access, fencing, screening and shade, as applicable.
c. Outdoor seating area shall be contiguous to the current occupied restaurant space.
2. Parking lots can use up to 50% of off-street private parking spaces for outdoor dining space when the use is immediately adjacent to the subject property.
a. Landscape areas shall not be used for outdoor dining area.
3. Designated portions of the public right-of-way are limited to sidewalk areas, adjacent on-street parking spaces, and alleys.
a. A clear path of travel of four (4’) feet shall be maintained for public access and minimum ADA requirements must be met.
b. Unobstructed access to public utilities and building entrances.
c. Shall maintain pedestrian and traffic safety.
d. Shall be aesthetically compatible with the surrounding area.
4. Must have appropriate lighting if operating after daylight hours.
5. Barriers such as landscaping and planters is permissible.
6. No heating, cooking, or open flame permitted in the outdoor dining area.
7. No food preparation, food displays, food storage, or refrigeration apparatus allowed on the public right-of-way.
8. Umbrellas and other decorative material shall be fire retardant.
9. The City reserves the right to remove a sidewalk dining space that:
a. Creates an obstruction; or
b. Violates the requirements of the City Guidelines or State and Local Orders.
10. Temporary “parklets” can be used, and do not require streets to be closed.
a. It will be the responsibility of the business to provide barriers to these areas as approved by the C11. Restaurants licensed by the State of California will be permitted to sell and allow on-site consumption of alcoholic beverages within expanded dining areas on private property, on adjacent sidewalks, within parklets, and dining areas that have been approved by the City of Los Banos subject to the Fourth Notice of Regulatory Relief provided by the State of California Department of Alcoholic Beverage Control (ABC).
12. Hours of operation shall be limited to the following:
a. Thursday through Saturday – close at 11:00 PM
b. Sunday through Wednesday – Close at 10:00 PM
13. Tents and shade structures are permitted to be used.
14. The outdoor seating area shall be maintained free of trash and other debris.