A. Ministerial Open Air Dining Approval: Open Air Dining that complies with the standards in section 10-3-3502 of this chapter.
B. Director-Level Reviews/Discretionary Review for Open Air Dining: Open air dining projects that do not meet the standards identified for ministerial review in section 10-3-3502 of this chapter, and requests to deviate from standards as permitted by section 10-3-3504 of this chapter, shall require review by the Director of Community Development. The Director of Public Works shall refer parklets that deviate from the adopted guidelines with regard to building materials and finishes to the Community Development Department for compliance with the architectural review process.
1. If, in the opinion of the director, an application merits review by the Planning Commission, the Director may refer such application to the Planning Commission and the Planning Commission shall serve as the reviewing authority and shall conduct a noticed public hearing regarding the request. A public hearing shall be held by the planning commission on all applications for which it is the reviewing authority and public noticing shall be completed in accordance with article 2.5 of this chapter and the city's public notice guidelines. After issuance of any open air dining permit, the Director of Community Development will be able to review open air dining installations that are found to be problematic or operating in a manner not consistent with approvals.
C. Ministerial Parklet Approval: The Department of Public Works shall have the authority to issue approvals for parklets that comply with the adopted guidelines.
D. Director-Level Review/Discretionary Review for Parklets: Parklets that do not comply with adopted guidelines and propose to deviate from the guidelines shall be subject to approval by the Director of Public Works. If the parklet proposes to deviate from the guidelines with regard to building materials and finishes or aesthetics and signage, the Director of Public Works may refer this review to the Community Development Department for architectural review.
E. Notwithstanding the provisions of this section, if the application for an open air dining permit accompanies an application for any other type of discretionary approval from the planning commission or city council for the same site area, the planning commission or city council, as appropriate, shall be the reviewing authority for the application and shall conduct a noticed public hearing regarding the request. (Ord. 11-O-2615, eff. 12-16-2011; amd. Ord. 24-O-2885, eff. 2-11-2024)