§ 20.11.230. Outdoor dining uses.

1.

Intent. This section is intended to regulate the establishment and operation of outdoor dining uses that can enhance the pedestrian ambiance of the City, and to ensure that they do not adversely impact adjacent properties and surrounding neighborhoods.

2.

Applicability. Outdoor dining uses shall comply with the provisions of this section in addition to the property development standards and permit procedures for the zone district in which it is located.

3.

Minimum Development Requirements.

a.

Accessory Use. Outdoor dining uses shall only be conducted as an accessory use to a legally established restaurant or other business wherein a majority of the square footage and/or revenue is related to retail food sales.

b.

Enclosure. Awnings or umbrellas may be used in conjunction with outdoor dining uses, but there shall be no permanent roof or shelter over outdoor dining areas located within a public sidewalk or right-of-way without written approval from the City Engineer. Awnings attached to a building shall be adequately secured, and shall comply with the provisions of the latest edition of the California Building Code. Outdoor dining areas shall be confined within a barrier consisting of landscaping or fencing not to exceed thirty-six inches in height, unless the area so used is to the side or rear of the main building, where an enclosure not to exceed six feet in height may be used. Within pedestrian rights-of-way, outdoor dining areas shall be marked with perimeter striping, and shall maintain a minimum width of forty-eight inches clear of all obstructions to allow unimpeded passage and ADA compliance.

c.

Furnishings. The furnishings of the outdoor dining use shall consist only of movable tables, chairs, and umbrellas. Temporary lighting fixtures may be affixed onto the exterior of the main building, and the area to be illuminated shall be limited to the outdoor dining use.

d.

Trash Receptacles. Trash receptacles shall be provided at convenient locations within all outdoor dining areas. If the outdoor dining area is located adjacent to a street, sidewalk or other public right-of-way, the receptacle(s) shall be decorative in design. Outdoor dining areas shall remain clear of litter at all times.

e.

Hours of Operation. The hours of operation of any outdoor dining use shall be limited to the hours of operation of the associated restaurant or retail food sales establishment.

f.

Off-street Parking. No outdoor dining use shall occupy an area utilized for required off-street parking to serve both the existing and proposed uses, unless an alternative location for such parking area can be provided to the satisfaction of the Community Development Director. The applicant for such uses shall be required to provide documentation of sufficient existing off-street parking or alternative area for such parking.

g.

Review Procedures and Conditions. Existing and proposed outdoor dining uses shall be reviewed and approved in accordance with the Site Plan Review process. No new outdoor dining use shall be commenced prior to receiving Site Plan Review approval by the Community Development Department. The Community Development Director shall impose appropriate and necessary conditions to ensure compliance with this Code section. Any outdoor dining use in existence at the time of adoption of this Ordinance shall be submitted to the Community Development Department for Site Plan Review within sixty days of the effective date of this Ordinance, and no such use shall be continued prior to filing such application with the Community Development Department.

(Ord. No. 2011-1226, § 1(Exh. A), 5-16-2011)