12.28.100   Permit issuance, findings and conditions.
   A.   Applicants for outdoor dining permits shall be required to go through the site plan review process, as provided in Chapter 17.28.  The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of handling the application.  The decision of the site plan review committee shall include the following mandatory findings:
   1.   That the proposed operation meets the limitations of this chapter;
   2.   That the configuration of the outdoor dining area, including table placement and the method of delineation from pedestrian traffic, and signage meets the minimum standards of this article.
   B.   In addition, requirements or conditions consistent with this chapter may be added as deemed necessary by the committee.
   C.   The director of public works or his/her designee is authorized to issue the necessary encroachment permit. The director of public works shall condition the permit on:
   1.   Execution of an agreement holding the city harmless against claims from the applicant, patrons of the outdoor dining area, and pedestrians, in a form acceptable to the city attorney;
   2.   Applicant's insurance meeting the requirements contained in Section 12.12.030 (certificate of insurance), excluding commercial automobile liability. The city shall be listed as additional insured on the endorsement and tied to the permit number to specify location and circumstances;
   3.   Such other conditions as are necessary for public safety or to protect public improvements, as determined through site plan review;
   4.   Conditions necessary to restore the appearance of the sidewalk to its original condition on termination of use. (Prior code § 3709)