Chapter 5.50
SIDEWALK CAFES

Sections:

5.50.010    Intent.

5.50.015    Permits required.

5.50.020    Architectural review.

5.50.025    Application content.

5.50.030    Fees.

5.50.035    Review procedures.

5.50.040    Eligible sites.

5.50.045    Required operational standards.

5.50.050    Terms and expiration.

5.50.055    Grounds for denial of permit.

5.50.060    Revocation or suspension of permit.

5.50.065    Appeals.

5.50.010 Intent.

This chapter is intended to provide opportunities for properly licensed and permitted restaurants, coffee shops and bakeries to offer outdoor dining on public sidewalks, in a manner compatible with pedestrian traffic and surrounding uses, in commercial zones where such uses are allowed. (Ord. 1539 § 2 (part), 2010)

5.50.015 Permits required.

A. A sidewalk cafe permit allows outdoor dining service in the public right-of-way, including the placement of chairs, tables, awnings, and umbrellas. A removable barrier between the path of travel and the outdoor dining area shall be required. Applications for a revocable permit for sidewalk cafes shall be made to the community development department.

B. A table and chairs permit allows for the temporary placement of chairs and tables on the sidewalk in conjunction with a restaurant or other food/beverage service where seating for no more than six people are placed on the sidewalk. No barriers or other fixed items are allowed on the sidewalk. Alcoholic beverages shall not be allowed. All items must be removed at close of business. Applications for a revocable permit for a table and chairs permit shall be made to the community development department and shall be valid for one year from date of issuance.

C. An encroachment permit maybe required pursuant to Chapter 12.04. (Ord. 1539 § 2 (part), 2010)

5.50.020 Architectural review.

At the community development director’s discretion, architectural review may be required pursuant to Chapter 2.48. (Ord. 1539 § 2 (part), 2010)

5.50.025 Application content.

Applications shall be made jointly by the business operator requesting use of a sidewalk area for outdoor dining and the property owner(s) of the building in which the business is located. Such application shall be accompanied by:

A. Signed consent of business owner(s) and property owner(s);

B. Proof of liability insurance, meeting city standards, which names the city as additionally insured for the term of the permit to the approval of the city risk manager;

C. A liability release agreement wherein the recipient(s) of the permit agrees to hold the city harmless from liability arising from the operation of such sidewalk cafe;

D. A detailed site plan, drawn to scale, noting dimensions of the area proposed for outdoor dining; the proposed number and location of tables, chairs and other furnishings to be included in the dining area; the relationship of the outdoor dining area to the indoor dining area; and all sidewalk obstructions in the vicinity;

E. A detailed description of the type, color, and material of all proposed outdoor furniture, such as tables, chairs, barriers, planters, umbrellas, signs, and lighting;

F. An explanation of how any required additional parking will be provided;

G. A statement of proposed hours of operation; and any other information deemed necessary by the community development or public works directors. (Ord. 1539 § 2 (part), 2010)

5.50.030 Fees.

A. Sidewalk Cafe. In addition to application fees for administrative approval, the applicant(s) shall pay an annual sidewalk use fee. Encroachment permit fees shall be waived for the sidewalk cafe installation unless public improvements are proposed. If the sidewalk dining installation includes physical changes to an existing building, fees for architectural review may be required. If improvements are proposed to the existing sidewalk, including widening, sidewalk repaving, or any demolition or relocation of public property, an encroachment permit and associated public works inspection fees shall apply. Additional parking spaces or in-lieu fees for parking may be required. Fees shall be as adopted by resolution of the city council.

B. Tables and Chairs Permit. Permits are subject to application fees for administrative approval. Permits shall only be valid for one year and must be renewed annually subject to an additional administrative application. Annual sidewalk use fees shall not apply. Encroachment permit fees shall be waived unless public improvements, such as sidewalk widening or other public improvements are proposed. (Ord. 1539 § 2 (part), 2010)

5.50.035 Review procedures.

Public noticing and review procedures shall be the same as those required for an administrative approval. (Ord. 1539 § 2 (part), 2010)

5.50.040 Eligible sites.

Outdoor dining or the placement of tables and chairs must be within the frontage of an existing or proposed restaurant, coffee shop, or bakery approved for on-premises seating and incidental to the operation of that restaurant. (Ord. 1539 § 2 (part), 2010)

5.50.045 Required operational standards.

A. Alcoholic Beverage Restrictions. Establishments that serve alcohol must obtain any additional permits required by the Alcoholic Beverage Control Board of the state of California.

B. Hours of operation shall not begin prior to seven a.m. nor extend later than ten p.m.

C. Parking shall be provided as required for restaurants in the zoning regulations. Expansion of dining areas within the public right-of-way frontage shall not normally trigger additional parking; however, the city reserves the right to require additional parking or in-lieu fees in instances where significant parking impacts to the public supply may occur. On-site bicycle parking may be required in lieu of vehicle parking spaces.

D. A path of travel for pedestrians shall be maintained free and clear of any existing obstacles (street furniture, utilities, etc.) to the satisfaction of the public works and community development directors. Such clear pathway shall link with pathways on each side of the property and shall generally allow a six-foot clear space. For new sidewalk construction, the pathway should generally be eight feet.

E. Movable barriers are required to delineate outdoor dining areas except under the approval of a tables and chairs permit where no alcoholic beverages are served.

F. Movable barriers shall be designed and attached to the sidewalk in a manner approved by the public works director and may be subject to additional criteria as prescribed by the State Alcoholic Beverage Control Board.

G. Where umbrellas or awnings are used, a vertical clearance of at least seven feet must be maintained. The placement, color, style, and types of outdoor furniture and barriers shall be consistent with and complement the design and appearance of the affected building to the satisfaction of the community development director.

H. Items used within the outdoor dining areas may not be left outdoors overnight or when not in use.

I. Outdoor dining facilities shall be confined to the area shown on an approved site plan exhibit and shall not interfere with building egress to the satisfaction of the chief building official and the fire marshal.

J. Outdoor dining areas shall be used for sit-down food and beverage service only. No stand-up or take-out service is permitted in the outdoor dining area.

K. The outdoor dining area must be maintained in a clean and safe condition at all times with appropriate provisions for trash disposal and recycling.

L. The operation must meet all required county health department standards, obtain any necessary permits and service to the areas shall be conducted in a safe manner at all times.

M. The permit issued shall not be transferable in any manner.

N. The outdoor dining operation shall in no way interfere with access to utilities.

O. Smoking shall be prohibited in the outdoor dining area.

P. Table and chairs permits are subject to the following additional criteria:

1. No alcoholic beverages may be served or consumed.

2. No more than three tables, with a maximum of two chairs per table, may be placed on the sidewalk. All items must be removed from the sidewalk at close of business.

3. No barriers, fixed or movable, may be installed.

4. Annual sidewalk fees shall not apply.

5. Tables and chairs may be restricted for use by customers only. (Ord. 1539 § 2 (part), 2010)

5.50.050 Terms and expiration.

A. A sidewalk cafe permit will be for an unlimited term, unless a limited or probationary term is deemed appropriate by the community development director. The permit shall automatically expire upon expiration of the business tax certificate or upon failure to pay the required annual sidewalk use fee. Operators wishing to renew an expired permit shall submit a new application with appropriate fees. Permits may be transferred to new business owners subject to city approval of a new application reflecting new ownership.

B. A table and chairs permit is valid for one year and may be renewed on an annual basis subject to payment of fees for an administrative approval application. (Ord. 1539 § 2 (part), 2010)

5.50.055 Grounds for denial of permit.

The community development director shall deny the sidewalk cafe permit or table and chairs permit if the operation will not meet provisions of this chapter. (Ord. 1539 § 2 (part), 2010)

5.50.060 Revocation or suspension of permit.

A. The city retains the right to revoke or suspend the permit upon twenty-four hours’ written notice to the sidewalk cafe operator for any cause, regardless of conformance with these provisions. Situations that may merit suspension or revocation include, but are not limited to:

1. Emergencies, parades, necessary construction or maintenance, at the discretion of the public works director;

2. Suspension, revocation, or cancellation of any necessary health permit(s);

3. Incorrect or inadequate insurance coverage; or

4. Failure to comply with conditions of permit approval.

B. Within twenty-four hours of receipt of written notice of revocation or suspension, regardless of any appeal of the action, the operation shall cease and the sidewalk cafe operator shall restore the sidewalk to the condition existing prior to the placement of outdoor dining facilities or to some other condition acceptable to the public works director.

C. The city retains the right to immediately revoke, suspend or modify the permit if:

1. Under a state of emergency the sidewalk use may affect the health, safety or welfare of the general public as determined by the public works director, police chief or fire chief;

2. Failure to comply with certain conditions of the permit for sidewalk use is determined to constitute a health, safety or welfare hazard to the general public as determined by the public works director, police chief or fire chief.

D. If pursuant to the above requirements, sidewalks are not restored to order in the time specified by the city, the city may remove any and all facilities installed within the right-of-way. Reimbursement of city costs for said removal shall be the responsibility of the sidewalk permit holder. (Ord. 1539 § 2 (part), 2010)

5.50.065 Appeals.

Decisions of the community development director to approve, deny, revoke or suspend a sidewalk cafe permit, or a table and chairs permit, may be appealed to the city council subject to the provisions of Chapter 1.20. (Ord. 1539 § 2 (part), 2010)