(A) Purpose and intent.
1. While it is the intent of the zoning ordinance to require that businesses be conducted within enclosed buildings, the city recognizes the need to allow certain outdoor facilities on public property 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 public property which add to the pedestrian ambiance, while mitigating potential visual impacts, parking impacts, traffic congestion, accessibility, noise impacts, impacts on pedestrian movement, or public safety 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 public property. For provisions for outdoor dining facilities on private property, please refer to § 5-4-9-1, Outdoor Dining Areas on Private Property, Permanent and Accessory, of this chapter.
(B) Applicability. This section shall apply only to outdoor dining facilities on public 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 public property shall require an encroachment permit, reviewed by the following authorities through the indicated administrative or discretionary action:
Table 11: Review Requirements for Outdoor Dining Areas for Existing Structures on Public Property | ||
Threshold for Review | Director of Public Works/Administrative Permit | Planning Commission Review/CUP |
Table 11: Review Requirements for Outdoor Dining Areas for Existing Structures on Public Property | ||
Threshold for Review | Director of Public Works/Administrative Permit | Planning Commission Review/CUP |
Activities associated with outdoor dining facility (per restaurant, including only outdoor dining on public property) | Encroachment 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 outdoor dining areas on public property in nonresidential and mixed use zones, where allowed.
1. Accessibility, vertical. Umbrellas and similar objects related to the facilities must be located so that they do not endanger the safety of pedestrians or block access to businesses or to the sidewalk or street. A minimum seven-foot clearance, as measured from the ground below an umbrella or similar object to the lowest portion of the umbrella shade or ribs, is recommended as a guideline, with the actual clearance to be determined through the encroachment permit review process and subject to 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.
2. Indemnification. The permittee shall execute an agreement in a form acceptable to the City Attorney which defends, indemnifies and holds the city and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment authorized under the encroachment permit.
3. Insurance. The permittee shall obtain and maintain in full force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least $1,000,000 covering the permittee’s operations on the sidewalk. Such insurance shall name, on a special endorsement form, the city, its elected and appointed boards, officers, agents and employees as additional insureds. The policy of insurance or special endorsement form shall state that the insurance is provided on an occurrence basis and is primary to the city’s insurance. A certificate of insurance shall contain provisions that prohibit cancellations, modifications or lapse without 30 days’ prior written notice to the city.
4. Maintenance. The public right-of-way will be maintained at a level acceptable to the city.
5. Other standards. Outdoor dining facilities on public property shall comply with the standards for outdoor dining facilities for private property, in accordance with § 5-4-9-1(D), Minimum Standards, of this chapter.
6. Removal of facilities.
(a) All materials associated with the outdoor dining facility on public property, including, but not limited to, tables, chairs, umbrellas, and partitions, shall be removed each day at the close of business and not reestablished until the opening of business the following day; and
(b) The permittee shall immediately remove all materials on public property associated with the outdoor dining facility at the city’s request to allow the city to perform maintenance, repair, replacement and installation of new public facilities and private utilities.
7. Setback from alley, driveway or street. When an outdoor dining area is located directly adjacent to an alley, driveway or street, a five-foot setback shall be maintained from the alley, driveway or street. This setback may be reduced to zero feet by the approving authority in circumstances where the public safety may be maintained to the satisfaction of the City Engineer. For setbacks at street corners, please refer to the following subsection (D)8.
8. Setback, street corner. At street intersections, the triangular area formed by measuring 25 feet along the property line of each frontage from the intersection of the property lines at the corner shall remain free of outdoor dining facilities on public property. This setback may be reduced to ten feet by the approving authority in circumstances where the public safety may be maintained to the satisfaction of the city, particularly the City Engineer.
9. Sidewalk width. A minimum public sidewalk width of five feet shall be maintained. (Umbrellas and similar objects which comply with subsection (D)1. of this section may protrude into this minimum sidewalk width.) The minimum sidewalk width may be reduced to four feet by the approving authority in circumstances where the public safety may be maintained to the satisfaction of the City Engineer.
Figure 4: Street Corner Setbacks for Outdoor Dining Areas on Public Property
10. Structures in the public right-of-way. Structures related to the outdoor dining facility which cannot be removed at the close of business each day shall only be allowed if specifically allowed by the encroachment permit by the Director of Public Works.
11. 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.
12. Termination of encroachment permit. The public right-of-way shall be left free of debris, litter or any other evidence of the outdoor dining facility upon termination or removal of the use, and shall thereafter be used pursuant to the provisions of this code.
(E) Required findings. Prior to the approval of an encroachment permit and/or conditional use permit, the following findings shall be made:
1. The required four findings for the approval of outdoor dining permit, in accordance with § 5-4-9-1(E), Required Findings, of this chapter;
2. The sidewalk’s public use, including pedestrian, transit and business services needs, not limited to loading zones, bus stops, public phones and benches, is not restricted by the facility;
3. Pedestrian traffic volumes and accessibility are not inhibited by the facility;
4. Street trees, utilities, fire equipment and similar items are not adversely impacted by the facility; and
5. Public parking is not adversely impacted.
(F) Approvals valid for one year. The encroachment 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 Director of Public Works 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 encroachment 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)