Council moves forward on sidewalk dining ordinance; staff to set fees and guidelines

The Pacific Grove City Council on Feb. 5 considered a proposed ordinance to amend Pacific Grove Municipal Code Chapter 15.16 to authorize sidewalk dining permits. Staff said the ordinance would add definitions, require a permit for sidewalk seating, set insurance and liability standards, allow the city manager discretion on permitted hours, and require that sidewalk-dining guidelines be adopted by resolution at the ordinancesecond reading.

The staff presenter said the council previously approved outdoor dining guidelines by motion in November 2024 and asked that the guidelines be renamed "sidewalk dining guidelines" to match the more limited scope of the ordinance. Staff proposed making the sidewalk standard a percent of usable sidewalk width: the draft text caps sidewalk furniture at 45% of the sidewalk width unless a permit specifies a different percentage.

Key permit and process details reflected in the proposed code and discussion: applicants must obtain a sidewalk dining permit from the city to place furniture on the public sidewalk; the application must include specified materials, insurance and liability coverage; fees will be set by resolution (staff will develop a fee schedule and return with a recommendation); permits can be suspended or revoked under defined procedures; an aggrieved applicant may appeal a denial to the public works director in writing within 15 days and request a hearing within 30 days; and violation of permit conditions may lead to penalties.

Council actions: the council approved Recommendation 2 (the CEQA-related item described in the staff materials) by motion (moved by Councilmember Pedersen; second by Councilmember Emilio) and passed it by unanimous voice vote; the council then voted to approve procedural items 4 through 7 (including reading the title, introducing and holding the first reading, and directing staff to prepare the sidewalk dining guidelines for later resolution) on a motion by Councilmember McDonald and a second by a colleague identified as Nina; that motion also passed on a unanimous voice vote. The meeting record shows voice votes only; no roll-call tallies were recorded.

Council members asked staff to return with a fee schedule and to provide clearer, street-level drawings in the agenda packet for any maps or street segments used to set pedestrian clearance and percent-of-sidewalk calculations. The city manager said the section authorizing this approach had been removed from the code several years ago and staff is now restoring a clear permitting path. The city attorney and public works director reiterated that the guidelines would be adopted by resolution at the ordinance's second reading.

The council did not adopt the ordinance at the Feb. 5 meeting; it approved the environmental/CEQA recommendation and the procedural motions enabling the ordinance's introduction and the later adoption of detailed sidewalk-dining guidelines.