18.38.220   RESTAURANTS – OUTDOOR SEATING AND DINING.
   Outdoor Dining and Outdoor Seating shall be permitted as accessory uses to restaurants 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:
      .0101   Furnishings may include tables, chairs, decorative benches and umbrellas.
      .0102   Furnishings shall not exceed a cumulative maximum of seven (7) tables and fifteen (15) seats.
      .0103   Furnishings shall not be placed on or allowed to hang over any public right-of-way, required pedestrian walkway, required setback or parking area.
      .0104   A pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk in compliance with ADA requirements.
      .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.
      .0108   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.
      .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 in full visibility, and under the control, of the restaurant. Where the sale of alcohol is proposed in conjunction with the outdoor dining area, the outdoor dining area shall be immediately adjacent to and take access to 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. For restaurants developed within Commercial Retail Centers – Large, up to three (3) legal parking spaces adjacent to the restaurant they serve can be used for outdoor dining, subject to an Outdoor Dining Parking Permit as set forth in Chapter 18.42.130.
      .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 enclosed by permanent improvements such as landscape planters, fencing, decks, patio or shade structures, and/or other decorative barriers, which physically define and/or separate the outdoor dining area from other open or public areas.
         .01   The enclosure shall be at least 36-inches high or as otherwise required by Alcohol Beverage and Control for the consumption of alcohol.
      .0205   Outdoor dining areas over 1,000 square feet 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 pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk in compliance with ADA requirements.
      .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:  Ord. 6526 § 18;  February 15, 2022.)