This section sets forth the procedures for processing an application for Outdoor Dining Parking Permits when such a permit is allowed pursuant to Section 18.38.220 (Restaurants – Outdoor Seating and Dining).
.010 Application. An application, on a form approved by the Planning Director, for an Outdoor Dining Parking Permit shall be filed with the Planning Department.
.020 Required Documentation. The Outdoor Dining Parking Permit shall include documentation that specifies the number and location of the on-site parking spaces used for outdoor dining.
.030 Standards. The standards for location, design and operation of outdoor dining parking permits shall comply with the City of Anaheim Outdoor Dining Parking Permit Guidelines to be made available by the City. The Planning and Building Director may require additional conditions for the location, design and operation of the outdoor dining. In addition, any outdoor dining parking permit subject to the terms of this Chapter shall conform to all of the following requirements:
.0301 The outdoor dining area shall be compatible with the design of the restaurant building in a manner that is safe, provides proper access and is fully visible from the restaurant.
.0302 The outdoor dining area shall not be located in a manner which interferes with the flow of pedestrian or other traffic, or which creates a potential threat to public safety, as determined by the City Engineer or Fire Marshal.
.0303 Within the parking area, the outdoor dining area shall be limited to the depth and width of the existing parking stalls to be replaced by the dining area.
.0304 The dining area shall be kept in a good state of repair and in a safe, sanitary and attractive condition.
.0305 The dining area floor shall be comprised of decking or other raised foundation that differentiates the dining area from the surrounding parking lot.
.0306 The dining area shall be ADA accessible and located in a manner which will not interfere with visibility, vehicular or pedestrian mobility or access to City or public utility facilities and will not compromise the safe use of any public walkway or other right-of-way. Permitted locations shall be reviewed by the City Engineer after consideration of the above and other relevant factors in relation to the proposed site. The City Engineer may, in his or her discretion, place additional conditions upon the issuance of such permit in order to ensure the protection of the public health and welfare and public property.
.040 Operation. The issuance of an Outdoor Dining Parking Permit shall be deemed contingent upon operation of the proposed use in conformance with the assumptions relating to the operation and intensity of the use, as contained in the parking analysis that formed the basis for approval of the permit. Exceeding, violating, intensifying or otherwise deviating from any of the assumptions as contained in the parking analysis shall be deemed a violation of the permit, which shall subject the permit to revocation or modification pursuant to the provisions of Section 18.60.200 (City-Initiated Revocation or Modification of Permits).
.050 Issuance or Denial of Permit. If the Planning and Building Director determines that all provisions of this section are, or will be, complied with and all other necessary permits have or will be obtained, a permit shall be issued; otherwise, the application shall be denied. Properties that are issued a permit pursuant to this section are not required to obtain a parking variance in addition to this permit.
.060 Revocation of Permit. Violation of any of the provisions set forth in this section may be considered cause to revoke a permit. Permits may be revoked by the Planning and Building Director due to detrimental circumstances that may include, but are not limited to, the following:
.0601 Unforeseen increased demand and competition for parking spaces within the parking lot or upon the public streets in the immediate vicinity of the proposed use;
.0602 Increased traffic congestion within the parking lot;
.0603 Restricted vehicular access to the parking lot or adjacent uses.
.070 Permit Fee. A fee may be charged per Chapter 18.80 (Fees).
.080 Decision. The decision of the Planning Director is final, unless appealed to the Planning Commission within ten (10) days after the date the decision is made. (Ord. 6526 § 29; February 15, 2022.)