(A) Purpose and intent.
1. While it is the intent of this title to require that businesses be conducted completely within an enclosed building, the city recognizes the need to allow certain outdoor facilities which help achieve the goals of the city’s general plan. Outdoor dining areas, when accompanying indoor restaurants, are just such facilities; they enhance the village/pedestrian atmosphere of an area. In recognition of this, it is the purpose of this section to provide for outdoor dining facilities on private property which add to the pedestrian ambiance, while mitigating potential visual impacts, parking impacts, traffic congestion, accessibility and noise impacts. This section also aims to integrate such activities into the appropriate zones with the least impact to the surrounding community.
2. This section applies to outdoor dining facilities on private property. For provisions for outdoor dining facilities on public property, please refer to § 5-4-9-2, Outdoor Dining Areas On Public Property, Permanent And Accessory, of this chapter.
(B) Applicability. This section shall apply only to outdoor dining facilities on private property which have not been approved by the city as of November 21, 2006.
(C) Review requirements. Outdoor dining areas for all new structures shall be reviewed as part of the site plan/design review process prior to construction and only require a conditional use permit for amplified live entertainment and the service of beer, wine and hard alcohol outdoors. All outdoor dining facilities for existing structures on private property shall require an outdoor dining permit, reviewed by the following authorities through the indicated administrative or discretionary action:
Table 10: Review Requirements for Outdoor Dining Areas for Existing Structures on Private Property | ||
Threshold for Review | Planning Director/Administrative Review | Planning Commission Review/CUP |
Table 10: Review Requirements for Outdoor Dining Areas for Existing Structures on Private Property | ||
Threshold for Review | Planning Director/Administrative Review | Planning Commission Review/CUP |
Activities associated with outdoor dining (per restaurant, including only outdoor dining on private property) | Outdoor dining permit | Conditional use permit |
Outdoor dining | X | |
Service of beer and wine outdoors | X | |
Service of hard alcohol outdoors | X | |
Live entertainment nonamplified | X | |
Live entertainment amplified | X | |
(D) Minimum standards. The following restrictions shall apply to all outdoor dining areas on private property in nonresidential and mixed use zones.
1. Accessibility, horizontal. Outdoor dining facilities shall not block access to businesses or to the sidewalk or street. Facilities must comply with minimum Title 24 of the Cal. Code of Regulations disabled access requirements and ADA (Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq.) standards, as determined by the city.
2. Encroachment into parking. No outdoor dining area shall occupy any part of a required parking area.
3. Encroachment into public right-of-way. No outdoor dining area shall encroach upon public right-of-way, unless the dining area has received an encroachment permit in accordance with § 5-4-9-2
, Outdoor Dining Areas on Public Property, Permanent and Accessory, of this chapter.
4. Height. No outdoor dining area shall exceed the height limit of the zone, except that tables, chairs, and umbrellas and any safety related guardrails located on rooftop decks may exceed the height limits of the zone so long as the permanent structures on which they are located comply with the height limits of the zone.
5. Location. Outdoor dining areas are allowed only when all of the following criteria apply:
(a) The outdoor dining area is accessory to an indoor restaurant complying with the definition of restaurants as found in § 5-7-2, Definitions of Words and Phrases, of this title; and
(b) The restaurant is permitted or conditionally permitted in the zone in which it is located, as listed in the land use/zoning matrix, § 5-3-15, Table 3 of this title.
6. Parking.
(a) If outdoor dining is considered, parking requirements for outdoor dining facilities may be modified or waived by the Planning Commission or the Planning Director, in accordance with Table 10, Review Requirements for Outdoor Dining Areas for Existing Structures on Private Property, of this section, or § 5-4-9-2, Table 11, Review Requirements for Outdoor Dining Areas for Existing Structures on Public Property, of this chapter if all of the following findings can be made in addition to the required findings:
(1) Public parking is available in close proximity to the restaurant; and
(2) Given the specific conditions of the site and the adjacent area, the waiver or modification of requirements will not result in inadequate parking.
7. Property owner agreement. The property owner shall provide written consent for the outdoor dining facilities.
8. Sight distance problems. Outdoor dining areas shall not create any sight distance problems to or from the appropriate streets, parking areas and loading areas.
9. Conditions. Conditions may be added to the project including, but not limited to, hours of operation, the removal and storage of furniture at night, decorative fencing, additional landscaping and restrictions on lighting.
(E) Required findings. Prior to the approval of an outdoor dining permit and/or conditional use permit, the following findings shall be made:
1. The outdoor dining area contributes to the village/pedestrian ambiance of the city, in accordance with the city’s general plan;
2. The outdoor dining area complies with the standards of this section;
3. Any negative visual, noise, traffic, accessibility and parking impacts associated with the outdoor dining area have been reduced to an acceptable level, as determined by the city; and
4. The outdoor dining facility is compatible with the existing building to which the facility is attached.
(F) Approvals valid for one year. The outdoor dining permit and/or conditional use permit shall be valid for one year, at which point the applicant may request, in writing, a permanent permit. No permit/application fee shall be required for this request. The Planning Director shall renew the permits, without benefit of a public hearing, if the original findings for the permit apply. If the original findings for the permit cannot be made, the outdoor dining permit and/or conditional use permit must be reviewed by the Planning Commission, for the purpose of modification or revocation of the permit.
(Ord. 619, passed 6-17-2014)