Sec. 9-4.2523.  Restaurant outdoor customer dining areas.
   (a)   No person shall establish or maintain an outdoor customer dining area without first obtaining approval of a minor modification to the applicable development permit or special use permit pursuant to Section 9-4.2804(a)(5) of this chapter.  The applicant shall submit with the application, a written authorization for the outdoor customer dining area from either the property owner or the owner’s agent or property manager of the property on which the restaurant is located.
   (b)   Notwithstanding subsection (a) of this section, no outdoor customer dining area shall be located within fifty (50') feet of any residentially zoned property unless authorized by the Planning Commission through the approval of a major modification application submitted pursuant to Section 9-4.2803 of this chapter.
   (c)   Limited restaurant outdoor customer dining areas may be established within private walkways without increasing the required number of parking spaces, subject to the following regulations:
   (1)   A maximum of five (5) tables, with no more than four (4) chairs each, shall be permitted without increasing the required parking.  Additional parking shall be provided for any extra tables or seating in excess of the foregoing limits at the ratio of one parking space for each forty-five (45) square feet of additional outdoor customer dining area, including any area necessary for circulation and access.
   (2)   A path of travel shall be maintained for pedestrian and disabled access circulation to and within the outdoor customer dining area. Said path of travel shall be not less than four (4') feet in width.
   (3)   The restaurant operator shall maintain the outdoor customer dining area in a clean and safe condition at all times, and shall properly dispose of all trash generated by the operation.
   (4)   If an enclosure wall or fence is provided for the outdoor customer dining area, it shall include appropriate relief elements to break up a monotonous, linear appearance.  Said enclosure wall or fence shall complement the design, scale, colors and materials of the adjacent building.
   (5)   The height of any solid or predominantly solid portion of an enclosure wall or fence for an outdoor customer dining area shall not exceed thirty (30") inches.  Materials which allow visual access, such as glass or wrought-iron fencing, may extend above this height; provided, that the overall height of said enclosure wall, measured from the exterior grade facing public rights-of-way, shall not exceed sixty (60") inches. However, any solid or predominantly solid portion of an enclosure wall or fence in excess of thirty (30") inches in height shall be set back a minimum of ten (10') feet from the street frontage property line.
   (6)   No identification or advertisement signs shall be allowed on any walls or fencing enclosing an outdoor customer dining area.
   (7)   Dining establishments that serve alcoholic beverages in an outdoor customer dining area shall comply with all regulations of the State of California Alcoholic Beverage Control Board, and of other state and local agencies with jurisdiction.
   (8)   Establishments with outdoor customer dining areas shall comply with all requirements of the Health Department of the County of Ventura and any other applicable health regulations.
   (d)   Limited encroachment of restaurant outdoor customer dining areas within the required landscape setbacks may be permitted if all requirements set forth in Sections 9-4.2523 (a), (b) and (c) are met and the outdoor customer dining areas comply with specific guidelines for location and aesthetic design, as follows:
   (1)   A landscaped setback shall be provided, averaging not less than ten (10') feet in width from the outside edge of the outdoor customer dining area to any property line abutting a public street and to provide access from the public sidewalk to the dining area that is designed to meet physically challenged accessibility requirements.  Up to fifty (50%) percent of an outdoor dining area may encroach into the required ten (10') foot landscape setback along a public street, when matched by an equivalent recess (measured along the total enclosed dining area fronting the public street), if: (1) lines of sight along the public street are not impaired, and (2) the required landscape portion of the setback area is not utilized for non-landscape purposes.
   (2)   A landscaped setback shall be provided, measuring not less than four (4') feet in width from the outside edge of the outdoor customer dining area and/or its enclosure wall or fence, in connection with subsection (d)(1) of this section, to any driveway, parking spaces or other areas used by motor vehicles.  Said required minimum width shall be exclusive of any curbs, sidewalks or other hardscape features.  This requirement shall also be provided where an existing interior landscaped or parking area is being converted to an outdoor dining use, but does not apply to outdoor dining areas located within existing walkways that are adjacent to interior driveways and/or parking spaces within commercial projects.
   (3)   Existing trees within a landscaped area which is proposed to be converted to an outdoor customer dining area shall either be preserved and integrated into the design of the area, or transplanted to a location within or adjacent to the area.  Transplanting shall only be allowed for trees which will survive the transplanting process and survive in good health in the new location.
(§ 2, Ord. 1211-NS, eff. May 24, 1994, as amended by §§ 3, 4, Ord. 1248-NS, eff. January 9, 1996)