Mill Valley approves seasonal outdoor dining
Mill Valley is poised to establish a permanent seasonal outdoor dining program for restaurants.
The City Council voted unanimously to modify the municipal code to approve a seasonal outdoor business use of the public right away at a meeting Sept. 19.
The council, in two unanimous votes, approved an extension of the temporary program through May 31 in public and private spaces pending the implementation of the permanent seasonal program.
Councilmember Urban Carmel was absent. The three council members present at the meeting could not come to a majority agreement on a resolution related to a proposed fee structure. Consideration of the fees will be taken up at a meeting in October.
Alan Piombo, the city’s former manager who has stayed on as assistant city manager through October, said initially during the pandemic there were 25 to 30 retail and restaurant applicants for the program.
The program is now almost exclusively used by restaurants and includes Bungalow 44, Tamalpie Pizzeria, the Cantina, Equator, Piazza D’Angelo, Gravity Tavern and the 2AM Club.
Piombo said he hoped the program would provide a framework for a permanent organization of a popular program that could still provide some benefit and some profit to the city.
The hope is that the application process is ministerial and simple to use, Piombo said. He hoped applications could be reviewed within a week.
“We’re just trying to get a program on the books so the business community knows what they’re dealing with,” Piombo said.
Councilmember Max Perrey said he supported a permanent, year-round proposal and hoped the program could return for further review.
“We need to have some standards in place,” City Manager Todd Cusimano said. “But we still need to recognize we’re going to continue to evolve. That’s the key. We don’t need to answer everything tonight.”
Mayor Jim Wickham requested that the measure be approved as seasonal for now, but noted it could be made year-round with an amendment.
In April, the city extended its temporary outdoor dining program through the fall. The program was established in 2020 after the COVID-19 pandemic. The extension by the City Council allowed it to continue from July 1 through Oct. 31.
The requirements for the seasonal and permanent program are similar to the program currently in place. Businesses will enter into a right-of-way agreement with the city if they wish to serve or set up tables in a public right of way, or in parking spaces, and adhere to certain limitations.
The right-of-way agreements would allow businesses to use adjacent public parking spaces for outdoor dining. The city will authorize no more than two parking spaces per restaurant.
City staff noted that use of public sidewalks allowed under the temporary program will need to seek use of other city programs as the seasonal program does not address use of public sidewalks. Others that use parking spaces may have to modify their current outdoor operations.
The temporary outdoor business program extension will allow uses in private parking spaces or on sidewalks pending the implementation of the new program. The new program does not address private property outdoor dining. The city has instead proposed that this be governed by by the conditional use permit process already in place.
The town has approved a downtown infrastructure project that includes sidewalk expansions and improvements. Construction is slated to begin around April 2023 and continue through September 2023.
The construction phase of the project will require the removal of any parklets from the public right of way. Once the sidewalks are finished, the use of parklets may be negated, city staff said. The target for the conclusion of the project is likely 2024.
Currently the city receives a $623 fee for review of permanent outdoor dining and display permits authorized in the public right of way. The city charges $60.82 per day for the use of a public parking space for temporary private use.
The permanent and seasonal outdoor business program would require applicants pay $623 for new or modified applications and $207 for annual renewals. The city has proposed use of the parking spaces at 1.5 times the hourly parking meter rate, or $33.75 per day.
Perrey has proposed that the fee be $22.50 per day, or the cost of the total hourly meter rate for a parking spot.