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 ensure opportunities for properly licensed and permitted restaurants to offer outdoor dining on public sidewalks, in a manner compatible with pedestrian traffic and surrounding uses, in commercial zones where restaurants are allowed. (Ord. 1362 § 2 (part), 2000)
5.50.015 Permits required.
A. A sidewalk cafe permit is required to operate an outdoor dining service in the public right-of-way. Applications for a revocable permit shall be made to the community development department.
B. An encroachment permit shall be required pursuant to Chapter 12.04 of this code. (Ord. 1362 § 2 (part), 2000)
5.50.020 Architectural review.
At the community development director’s discretion, architectural review may be required pursuant to Chapter 2.48 of this code. (Ord. 1362 § 2 (part), 2000)
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. A copy of a current business tax certificate issued to the business operator;
C. 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;
D. 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;
E. 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;
F. A detailed description of the type, color, and material of all proposed outdoor furniture, such as tables, chairs, barriers, planters, umbrellas, signs, and lighting;
G. An explanation of how any required additional parking will be provided;
H. A statement of proposed hours of operation; and
I. Any other information deemed necessary by the community development or public works directors. (Ord. 1362 § 2 (part), 2000)
5.50.030 Fees.
In addition to application fees, the applicant(s) shall pay an annual sidewalk use fee. Fees shall be as adopted by resolution of the city council. (Ord. 1362 § 2 (part), 2000)
5.50.035 Review procedures.
Public noticing and review procedures shall be the same as those required for an administrative use permit as described in Chapter 17.58 of this code. (Ord. 1362 § 2 (part), 2000)
5.50.040 Eligible sites.
Outdoor dining must be within the frontage of an existing restaurant with on-premises seating and incidental to the operation of that restaurant. (Ord. 1362 § 2 (part), 2000)
5.50.045 Required operational standards.
A. Alcoholic Beverage Restrictions. Establishments that serve alcohol must obtain any additional permits required by the Alcohol Beverage Control Board of the state of California.
B. Hours of operation shall not begin prior to eight a.m. nor extend later than ten p.m.
C. Parking shall be provided as required for restaurants in the zoning regulations.
D. A path of travel for pedestrians with a minimum width of six feet, maintained free and clear of any existing obstacles (street furniture, utilities, etc.) and any items placed on the sidewalk in conjunction with the outdoor dining operation, shall be provided along the contiguous length of the area proposed for outdoor dining to the satisfaction of the public works director. Such clear pathway shall link with pathways on each side of the property.
E. Moveable barriers are required to delineate outdoor dining areas except where only one row of tables and chairs immediately abutting the business storefront is proposed.
F. Moveable barriers shall be designed and attached to the sidewalk in a manner approved by the public works director.
G. Where umbrellas or awnings are used, a vertical clearance of at least seven feet must be maintained.
H. 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.
I. Items used within the outdoor dining areas may not be left outdoors overnight or when not in use.
J. 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.
K. 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.
L. The outdoor dining area must be maintained in a clean and safe condition at all times with appropriate provision for trash disposal and recycling.
M. The operation must meet all required county health department standards and obtain any necessary permits.
N. The permit issued shall not be transferable in any manner.
O. The outdoor dining operation shall in no way interfere with access to utilities.
P. Smoking shall be prohibited in the outdoor dining area. (Ord. 1362 § 2 (part), 2000)
5.50.050 Terms and expiration.
A sidewalk cafe permit will be for an unlimited term, unless a limited 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. (Ord. 1362 § 2 (part), 2000)
5.50.055 Grounds for denial of permit.
The community development director shall deny the sidewalk cafe permit if the operation will not meet provisions of this chapter. (Ord. 1362 § 2 (part), 2000)
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. (Ord. 1362 § 2 (part), 2000)
5.50.065 Appeals.
Decisions of the community development director to approve, deny, revoke or suspend a sidewalk cafe permit may be appealed to the city council subject to the provisions of Chapter 1.20. (Ord. 1362 § 2 (part), 2000)