Chapter 13.04


13.04.010    Establishment and regulation of sidewalk cafes.

13.04.020    Application for encroachment permit.

13.04.030    Insurance and indemnification agreement.

13.04.040    Standards for sidewalk cafes.

13.04.050    Applications for encroachment permits.

13.04.060    Revocation of encroachment permits.

13.04.010 Establishment and regulation of sidewalk cafes.

Sidewalk cafes may be established and operated within the sidewalk portion of the public right-of-way adjacent to streets and highways within the City subject to the review and approval of a revocable encroachment permit for such use of the public right-of-way by the Public Works Director/Engineer, the Community Development Director, and the City Police Chief. In addition, when required by the Public Works Director/City Engineer, the issuance of such a permit may be made subject to the prior review and approval of the City Council.

The establishment and continued operation of sidewalk cafes pursuant to such a permit shall also be subject to such additional requirements as determined by the Public Works Director/City Engineer and, if applicable, imposed by the State of California Alcoholic Beverage Commission (ABC), Americans with Disabilities Act (ADA), applicable State and local fire code provisions and the requirement imposed by this chapter, or other agency jurisdiction.

The use of the public right-of-way shall be in conjunction with and an accessory use to the operation of a restaurant on immediately adjacent property which is operating on said property in conformance with applicable provisions of the City zoning ordinance and other City codes and ordinances. All required City building, zoning, and encroachment permits shall be obtained and necessary improvements to the sidewalk and adjacent property completed and approved by the Public Works Director/City Engineer prior to the commencement of operations of the sidewalk cafe on the public right-of-way. [Ord. 12-004.]

13.04.020 Application for encroachment permit.

An application for a sidewalk cafe encroachment permit shall be obtained, completed, and returned to the Public Works Department for review and approval as required in this chapter. Prior to commencement of the use of such property under an encroachment, the permittee shall repair any portion of the sidewalk area which is damaged, as determined by the Public Works Director/City Engineer, in accordance with current City construction standards for sidewalks. [Ord. 12-004.]

13.04.030 Insurance and indemnification agreement.

Prior to issuance of an encroachment permit for a sidewalk cafe, the permittee shall obtain and maintain public liability insurance in such form and in such amounts as is determined reasonable and necessary to protect the City by the City Manager. In addition, the permittee shall agree to indemnify, defend, and save harmless the City from claims, damages, and liability arising out of the use of the public right-of-way in such form as may reasonably be required by the City Attorney. [Ord. 12-004.]

13.04.040 Standards for sidewalk cafes.

The following standards shall apply to all sidewalk cafes operating with an encroachment permit from the City:

A. The City encroachment permit approving the sidewalk cafe and the allowable number of tables and chairs, as determined in the permit, shall be displayed in a prominent location easily accessible to the public on or adjacent to the cafe area. Any ABC permit required for the cafe shall also be so displayed.

B. A decorative element separating outdoor cafe seating area from adjacent pedestrian traffic must be provided. The design and materials of such element must complete and be compatible to the architectural design of the restaurant building facade or of a design that adds visual interest to the streetscape.

C. A sidewalk cafe may be uncovered, partially covered, or fully covered by means of umbrellas, awnings, or canopies.

D. Awnings or canopy covering a sidewalk cafe shall be temporary or retractable and may not extend into pedestrian walkway. The width and height of awnings and canopies shall meet applicable code requirements.

E. Decorative accent lighting may be incorporated into the outdoor areas and shall meet all City and applicable code requirements.

F. Sidewalk cafes shall not obstruct sidewalk pedestrian traffic, accessibility to vehicles parked adjacent to the curb, or create public health or safety hazards.

G. A minimum of seventy-eight (78) inches clearance shall be maintained for pedestrian use between outer barricade edge of the sidewalk cafe area and curb face. A minimum of forty-eight (48) inches clearance shall be maintained for pedestrian use between the outmost barricade edge and fixed or temporary obstructions. This clear zone area must be paved.

H. If appropriate, a “no parking” zone may be designated on public rights-of-way adjacent to the sidewalk cafe subject to approval by the City Council.

I. Sidewalk cafe areas shall be used only as seating areas. Storage, kitchen, or restroom uses are not allowed. Tables and/or chairs must be movable unless otherwise approved by the Public Works Director/City Engineer. [Ord. 12-004.]

13.04.050 Applications for encroachment permits.

All applications for sidewalk cafe encroachment permits shall be made on forms provided by the Public Works Director/City Engineer and shall include such information, maps and plans as may reasonably be required by the Public Works Director/City Engineer given the nature of the proposed use of the public right-of-way. Each application must be accompanied by a sidewalk seating plan showing the location of tables and chairs, all public and private walkway clearances, building entrances, barrier elements, fixed walkway elements, and sidewalk utility boxes within a minimum twenty-five (25) foot radius of the sidewalk cafe barrier elements and any other features as determined by the Public Works Director/City Engineer. [Ord. 12-004; amended during 2013 recodification.]

13.04.060 Revocation of encroachment permits.

The Public Works Director/City Engineer shall be responsible for the enforcement of this chapter and all of the terms and conditions of any revocable encroachment permit issued hereunder. If the permittee violates any of the terms and conditions of this chapter or of the permit, the Public Works Director may revoke the permit at any time after giving no less than ten (10) days’ notice of his or her intention to do so in writing to the holder of the permit. Any such order made by the Public Works Director/City Engineer may be appealed to the City Council as provided for appeals of the City Manager’s decisions pursuant to DMC 13.05.110.

In addition, a revocable permit granted pursuant to this chapter may be revoked by the City Council at any time, with ten (10) days’ prior written notice to the permittee of its intention to do so, when the Council determines, in its sole discretion, that the continued use of the public right-of-way as the site of a sidewalk cafe is not in the public interest. [Ord. 12-004; Ord. 13-004 § 24.]