18.38.220   RESTAURANTS – OUTDOOR SEATING AND DINING.
   Outdoor seating and dining shall be permitted as an accessory use to a restaurant in all zones where restaurants are permitted or conditionally permitted.
   .010   Outdoor Seating.  Outdoor seating, as defined in Chapter 18.92 (Definitions), shall comply with all the following provisions and plans shall be submitted to the Planning Department for review and approval showing compliance with this section:
      .0101   Furnishings may include tables, chairs, decorative benches and umbrellas.
      .0102   Furnishings shall not exceed one (1) table and two (2) seats for every five (5) lineal feet of building or unit frontage, up to a cumulative maximum of five (5) tables and ten (10) seats.
      .0103   Furnishings shall not be placed on or allowed to hang over any public right-of-way, required pedestrian accessway, required setback or parking area.
      .0104   A minimum four (4) foot wide pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk.
      .0105   All required emergency access/exits or fire lanes shall be provided and maintained as required by the Anaheim Fire Department.
      .0106   An outdoor seating area provided in compliance with the provisions of this section shall not be included in the gross floor area of a restaurant to determine its parking requirements.
      .0107   Portable or non-fixed furnishings shall not be set up outside the restaurant more than one-half (0.5) hour prior to the opening of business, and shall be removed no later than one-half (0.5) hour after closing.  Permanent or fixed furnishings may remain overnight.
      .0108   Furnishings shall not contain advertising or depict any product or product name, logo, trademark, or similar identification or advertising display.  The design, color and material of the furnishings shall be compatible with the building.
      .0109   At least one (1) trash receptacle shall be provided.  The design, color and material of the receptacle(s) shall be compatible with the building.
      .0110   The restaurant manager or business owner shall be responsible for the removal of all trash and debris, or spilled food or beverage items, and shall maintain the outdoor seating area and its adjacent area in a clean, sanitary and trash-free manner.
   .020   Outdoor Dining.  Outdoor dining, as defined in Chapter 18.92 (Definitions), shall comply with the following:
      .0201   The outdoor dining area shall be immediately adjacent to, and take primary access from, the restaurant.
      .0202   The outdoor dining area shall not encroach into any public right-of-way or any required setback, yard, landscaping or parking area.
      .0203   The outdoor dining area shall be used exclusively for the seating and consumption of meals and/or beverages by patrons of the restaurant.
      .0204   The outdoor dining area shall be entirely enclosed by landscape planters, fencing or other decorative barriers that physically separate the outdoor dining area from other open or public areas.
         .01   The enclosure fence shall be at least 40-inches high.
         .02   Emergency exits shall be maintained (as required by the Uniform Fire Code) but shall not be utilized by patrons and/or employees other than in an emergency.
      .0205   The outdoor dining area shall be included in the gross floor area of a restaurant to determine parking requirements.
      .0206   A conditional use permit shall be required for any outdoor entertainment provided in an outdoor dining area.
      .0207   The sale and/or consumption of any beer, wine or other alcoholic beverages in an outdoor dining area shall be permitted only if the main restaurant has a valid permit for on-site alcohol sales.
      .0208   The activities occurring in conjunction with the operation of the outdoor dining area shall not cause a noise disturbance to surrounding properties or businesses.
      .0209   No advertising or identification of any type shall be permitted on any outdoor furniture including umbrellas by illustration, text or any other means of communication.
      .0210   Any accessory outdoor cooking facilities shall be well maintained in a neat and orderly manner.  Any facilities not used on a regular basis shall be stored indoors.
      .0211   The business is responsible for maintaining free of litter the area adjacent to the outdoor dining area over which they have control.
      .0212   A minimum six (6) foot wide pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk.
      .0213   Outdoor furniture and accessories shall be kept clean, neatly maintained, with no ripped or faded material.  Any un-maintained or damaged furniture or accessories shall be repaired or replaced immediately.  (Ord. 5920  1 (part); June 8, 2004:  Ord. 6286 § 25; September 3, 2013:  Ord. 6425 § 16; December 19, 2017: Ord. 6432 § 30; April 10, 2018.)