Chapter 13.30
"STREETARIES" OUTDOOR DINING AREAS
Sections:
13.30.070 Design and development standards.
13.30.080 Criteria for issuance.
13.30.090 Limited to food service establishments.
13.30.100 Operational standards.
13.30.110 Indemnification and insurance.
13.30.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning set forth below. Unless in direct conflict with terms defined herein, other words and phrases shall be interpreted as defined in the Streets and Highways Code:
(1) "Director" shall mean the public works director or their designee.
(2) "Food service establishment" shall mean businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.
(3) "Parking spaces within the public right-of-way" shall mean the designated on-street or off-street area where parking of vehicles does not violate any posted parking restriction and the use of the space does not interfere with the safety or the passage of persons and vehicles.
(4) "Permittee" shall mean the permit holder of a valid streetary encroachment permit issued by the city.
(5) "Sidewalk" shall mean any public right-of-way designated for pedestrian access.
(6) "Streetary" or "streetaries" shall mean an outdoor eating area that operates within and uses parking spaces and/or sidewalks within the public right-of-way directly adjacent to the food service establishment street frontage and/or operates within and uses the public right-of-way on streets or portions thereof that have been closed to vehicular travel. (Ord. 1101 § 2 (Exh. A), 2023).
13.30.020 Permit required.
Any person desiring to erect, construct, place or maintain an encroachment upon any city sidewalk and/or existing parking spaces within the public right-of-way for a streetary must first obtain an annual streetary encroachment permit pursuant to this chapter. No other permits shall be required in order to operate a streetary. Each applicant for an annual streetary encroachment permit shall comply with the requirements of this chapter, any other applicable laws, and any regulations and policies adopted pursuant to this chapter.
Permits shall only be issued to applicants with a valid business license issued by the city to operate a food service establishment which is directly adjacent to the right-of-way within which a streetary encroachment permit is sought.
All persons operating and/or maintaining streetaries as of the effective date of the ordinance codified in this chapter shall be required to (1) submit a complete streetary encroachment permit application and pay applicable fees no later than December 31, 2023, and (2) obtain final inspection approval of the streetary encroachment permit by June 30, 2024. Failure to submit a complete application within this time frame, or to meet the regulations required to obtain a streetary encroachment permit, while continuing to operate the existing outdoor dining facility within the public right-of-way shall constitute a violation of this chapter and may subject the current streetary operator to closure and/or enforcement pursuant to this chapter. (Ord. 1101 § 2 (Exh. A), 2023).
13.30.030 Permit application.
The director of public works (the "director") shall establish an application form for an annual streetary encroachment permit, including any application materials, and application and permit issuance procedures and timelines.
The director shall transmit a copy of each application and renewal application for a streetary encroachment permit to the director of community development (the "planning director"). The planning director shall review the application for compliance with all applicable design and development standards. (Ord. 1101 § 2 (Exh. A), 2023).
13.30.040 Fees.
Each permit application shall be accompanied by a permit application fee. The permittee shall pay an annual encroachment lease fee, an annual permit renewal fee and a one (1) time, refundable deposit. Fees shall be in amounts set forth by separate resolution of the city council. (Ord. 1101 § 2 (Exh. A), 2023).
13.30.050 Where permitted.
(a) Streetaries are permitted in existing parking spaces within the right-of-way. The stopping, parking and/or standing of vehicles shall be prohibited in all locations and existing parking spaces within the city where a streetary encroachment permit has been issued.
(b) Streetaries are permitted on sidewalks within the right-of-way.
(c) Streetaries are permitted within the right-of-way on streets or portions thereof that have been closed to vehicular access, where, in the determination of the director, use of such right-of-way will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons or adjacent businesses. (Ord. 1101 § 2 (Exh. A), 2023).
13.30.060 Location criteria.
(a) Notwithstanding Sections 13.30.050(a) and (b), streetaries shall not be permitted along streets with (1) peak hour parking restrictions or (2) speed limits greater than twenty-five (25) miles per hour.
(b) Notwithstanding Section 13.30.050(b), streetaries shall not be permitted in parking spaces that (1) are Americans with Disabilities Act (ADA) designated, (2) are designated for no parking (red curb), passenger loading zones (white curb), commercial loading zones (yellow curb), limited parking zones (green) and/or any other colored curb zones with restrictions on driveways, ADA ramps, or entrances to parking lots or city-owned parking facilities, (3) would block or obstruct any fire hydrant, fire sprinkler or standpipe hose, or other public safety infrastructure, (4) would obstruct utility access panels, manhole covers, storm drains, valves, or any other type of utility assets, or (5) would obstruct any bicycle facility, or (6) provide bicycle parking, unless the bicycle parking can be reasonably relocated within three hundred (300) feet.
(c) Maximum Parking Stalls. A maximum of three (3) parking spaces shall be used for each streetary.
(d) Adjacency to Storefront. Streetaries may only be permitted in parking spaces and on sidewalks within the right-of-way that are directly in front of and adjacent to the permittee’s food service establishment. If a food service establishment fronts more than one (1) but less than two (2) parking spaces and fronts more than fifty percent (50%) of the second parking space, the permittee is eligible to apply for two (2) parking spaces for use as a streetary.
(e) Notwithstanding subsection (d) of this section, the director at their sole discretion may consider an exception to the adjacency to storefront requirement if: (1) the proposed streetary was in operation as an outdoor food service establishment for six (6) months prior to the effective date of the ordinance codified in this chapter, (2) the proposed streetary had obtained and at all times maintained all required permits and licenses to operate as an outdoor food service establishment, and (3) the director determines that the location of the proposed streetary will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons or adjacent businesses as evidenced by the permittee obtaining written consent from the establishments fronting the proposed location and providing such documentation to the city.
(f) Travel Lane Setback. Streetaries shall have an eighteen (18) inch minimum setback from the travel lane measured from the parking striping adjacent to the travel lane. In cases where no striping exists, the maximum length of the streetary measured from the face of the curb shall be determined by the director or their designee.
(g) Side Setback. Streetaries shall have a two (2) foot minimum side setback to each wheel stop located at each end of the parking space.
(h) Utilities. A minimum clearance of four (4) feet from either side of utility access panels, manhole covers, storm drains, street valves, or any other type of utility assets will be required to allow for maintenance access. Streetaries proposed under overhead utility lines shall meet the minimum vertical distance requirements as established by the California Public Utility Commission. Streetaries that block the outlet of a sidewalk underdrain shall ensure the outlet is functional and flowing. Permittees shall take a thorough inventory of utility access covers in the proposed streetary area by checking under parked cars. Permittees shall provide for access to any city or public utility company that may have underground conduits beneath the constructed streetary. Access to utilities may require that a permittee temporarily remove all or a portion of the constructed streetary. Permittees shall be responsible for the cost of removing, reinstalling and restoring any damage to the streetary. (Ord. 1101 § 2 (Exh. A), 2023).
13.30.070 Design and development standards.
The city council shall, by separate resolution, adopt design and development standards regulating the form, design, safety, and maintenance of streetaries. The director may, from time to time, make minor modifications to the design and development standards. (Ord. 1101 § 2 (Exh. A), 2023).
13.30.080 Criteria for issuance.
(a) The director, in acting upon any application for a streetary encroachment permit, shall either approve, approve with conditions, or deny the issuance of a permit based on the following principles and standards:
(1) That the proposed use of the parking spaces and/or sidewalks within the public right-of-way is in compliance with all applicable provisions of this chapter;
(2) That the proposed use of the parking spaces and/or sidewalks within the public right-of-way is so arranged as to ensure the protection of public health, safety and general welfare, and prevent interference with users of the sidewalks, streets and holders of other permits; and
(3) That the proposed use will properly comply with the provisions and development standards prescribed in this chapter, or as prescribed by the director and/or planning director.
(b) The streetary encroachment permit may be subject to additional conditions where the city has documented any violation of this chapter, other applicable laws and regulations, or the streetary is detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood or is detrimental or injurious to property and improvements in the neighborhood.
(c) Deviations From Adopted Standards. Where the director determines that (1) a strict application of standards set forth in this chapter cannot be met by a proposed streetary, and (2) the streetary, as proposed, will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood or injurious to property and improvements in the neighborhood, the director may grant exceptions or minor modifications to the standards set forth in this chapter. (Ord. 1101 § 2 (Exh. A), 2023).
13.30.090 Limited to food service establishments.
All permits issued pursuant to this chapter shall be limited to streetaries established in conjunction with food service establishments. (Ord. 1101 § 2 (Exh. A), 2023).
13.30.100 Operational standards.
(a) No Live Entertainment or Amplified Music. No live entertainment or amplified music shall be permitted in streetaries established pursuant to this chapter without first obtaining all required permits including but not limited to those issued pursuant to Chapter 8.06 (Noise).
(b) No Outdoor Food Preparation, Flames, Heating. Outdoor food preparation, food-heating mechanisms, cooking and open flames, hot pots, candles, open flames, and barbecues shall not be permitted in streetaries.
(c) Alcohol Service. Alcohol service shall be permitted subject to the acquisition of all required local and state permits and licenses.
(d) Noise and Disruptive Behavior. Permittees shall be responsible for ensuring their patrons minimize noise and disruptive behavior while using their streetary space.
(e) Site Maintenance. Streetaries shall be maintained free of litter, refuse and debris. The area shall be scrubbed and mopped daily by the permittee to remove any food or drink stains. Such cleaning shall be in accordance with the city’s storm water management program per Chapter 7.42, which prohibits any discharge other than rainwater into the storm water drainage system.
(f) Streetaries shall adhere to the following site maintenance requirements:
(1) The permittee is required to keep the streetary area safe, free of debris, grime, and graffiti, and to keep any plants in good health.
(2) Outdoor seating shall be scrubbed and mopped to remove any food or drink stains on a daily basis and the sidewalk shall be power washed quarterly by the permittee. Such cleaning shall be in accordance with the city’s storm water management and discharge control program, which prohibits any discharge other than storm water into the storm water drainage system.
(3) Streetaries and enclosures shall be designed in a manner that does not negatively impact existing drainage patterns. Features shall be incorporated into the design that allows water to flow freely off the street surface and along any existing gutter.
(4) The permittee shall be required to clean tree grates, the gutter, and drainage inlets. Business and/or property owners shall be required to remove any debris that accumulates against their streetary. The areas on, under, and around the streetary must be clear of leaves and debris, which may require the restaurant operator or property owner to blow underneath the streetary or enclosure. The permittee shall also provide clean-out access upon request.
(5) The permittee is required to maintain the pedestrian access clearances in sidewalk cafe and curb extension area and keep these areas safe, clean, and free of debris.
(6) Streetaries shall not block access necessary to maintain the canopy of city-maintained street trees.
(7) Failure to maintain the cleanliness, safety, and accessibility of a streetary or cafe may subject the permittee to violations and fines. If maintenance issues are not resolved, a streetary permittee may be required by the city to remove the streetary at the permittee’s expense.
(g) Sidewalk Cleaning. The permittee shall comply with all state and local regulations related to waste disposal including the National Pollutant Discharge Elimination System (NPDES) and the California Storm Water Quality Association (CASQA) as follows:
(1) Pollution Prevention. (Visit https://www.casqa.org/ for more information.)
(A) Use dry cleaning methods whenever practical for surface cleaning activities.
(B) Use the least toxic materials available (e.g., water-based paints, gels or sprays for graffiti removal).
(2) Surface Cleaning.
(A) Regularly broom (dry) sweep the streetary, sidewalk, plaza, and parking areas to minimize cleaning with water.
(B) Dry cleanup first (sweep, collect, and dispose of debris and trash) when cleaning sidewalks or plazas, then wash with or without soap.
(C) Block the storm drain or contain runoff when cleaning with product.
(h) ADA Compliance. Streetary seating areas must, at all times, comply with all requirements of the ADA and provide sufficient clearance and walkway space to allow safe access and egress. For multilevel streetaries, a minimum of one (1) level of ADA access shall be required.
(i) Hours of Operation. The streetary shall adhere to the same approved hours of operation as the associated food service establishment business, with the following limitations:
(1) For streetaries that are within one hundred fifty (150) foot horizontal or vertical distance from residences: streetaries shall not commence operations prior to seven (7) a.m. on Saturdays, Sundays, and holidays; streetaries shall not commence operations prior to six (6) a.m. Monday through Friday; streetaries shall not operate after ten (10) p.m. on Fridays and Saturdays; streetaries shall not operate after nine (9) p.m. Sunday through Thursday and holidays. For purposes of this section, "holidays" shall have the same meaning as set forth in Chapter 8.06 (Noise).
(j) Insufficient Usage. Streetaries must demonstrate adequate usage in order to contribute to the economic vitality of the city. The city requires these streetaries to be set up and readily available for use during the operational hours of the food service establishment associated with the streetary, except in inclement weather and subject to the hours of operation limitations under subsection (g) of this section. The city has the right to notify any streetary in writing of insufficient usage and invoke the enforcement procedures set forth in this chapter. (Ord. 1101 § 2 (Exh. A), 2023).
13.30.110 Indemnification and insurance.
As a condition of the issuance of an annual streetary encroachment permit, the permittee shall defend, indemnify and hold harmless the city of Menlo Park and shall present, along with each application or renewal application for an annual permit, evidence of liability insurance in a form acceptable to the director. (Ord. 1101 § 2 (Exh. A), 2023).
13.30.120 Enforcement.
(a) Any person who violates this chapter shall be guilty of a misdemeanor and may be subject to any and all enforcement proceedings or remedies, including the imposition of penalties as authorized by law. The provisions of this chapter are cumulative to any other remedies authorized by law. Any streetary may be subject to inspection by the city on an annual basis or as needed to ensure compliance with this chapter and permits issued pursuant to this chapter.
(b) The city retains the right to revoke a streetary encroachment permit at any time where a violation of this chapter has occurred and/or revocation is necessary to protect the public interest, health, safety and/or welfare of the community. If the director believes that a permittee is in violation of this chapter, the director may issue a notice of violation to the permittee. The notice of violation shall be served on the permittee, either in person or by first class mail. The notice shall indicate that the permit is subject to termination unless, within thirty (30) days of service of the notice of violation, the violation is corrected or a hearing pursuant to this chapter is requested in writing.
(c) If the director or their designee determines that a permittee will not be able to continue to meet the requirements of this chapter because of a proposed public highway right-of-way improvement, the director or their designee shall notify the permittee, either in person or by first class mail, that the permit will be terminated within thirty (30) days of service of the notice of termination. (Ord. 1101 § 2 (Exh. A), 2023).
13.30.130 Appeals.
Any person aggrieved by the director’s action on a streetary encroachment permit application or revocation may appeal by submitting a written appeal to the city manager, along with any applicable appeal fee as provided in the city’s master fee schedule, within fifteen (15) days of the date on which the permit was issued or on which the application was denied or on which the permit was revoked. The city manager, or their designee, shall hold a hearing on the appeal within thirty (30) days of receipt of the appeal, and shall give the applicant and the appellant at least ten (10) days’ written notice of the time of the hearing. The decision by the city manager or their designee on the appeal shall be final. (Ord. 1101 § 2 (Exh. A), 2023).