16.330 OUTDOOr DINING AND SEATING

10. Signs. Additional signs identifying the outdoor sales and display area, beyond those allowed for the subject use, shall not be permitted. 11. Rental of automobiles, trucks, and trailers. Except as otherwise provided by this Code, in accordance with Table 16.601-A: Permit Review Authority, no rental trailers, trucks, or automobiles available to the public by lease or for sale, shall be stored on any commercial premises for outdoor display.

16.330.01 PURPOSE AND APPLICABILITY

These provisions present regulations to allow outdoor dining and seating that enhances the pedestrian ambiance and dining experience; while ensuring that such use does not adversely impact adjacent properties and surrounding neighborhoods. They apply to all new sidewalk cafés or outdoor dining, and seating areas and parklets.

16.330.02 REQUIREMENTS

A. Zoning Compliance Review Required. Restaurants may provide outdoor dining and seating subject to a Zoning Compliance Review, as prescribed in

Chapter 16.603, Zoning Compliance Review. B. Other Permits. Outdoor dining located on public sidewalks or within a parklet on a City street requires approval of an Encroachment

Permit issued by the Department of Public

Works and Certificate of Insurance. C. Development Standards. Outdoor dining, seating areas and parklets shall be designed, located, and operated consistent with the following standards:

1. Accessory Use. Outdoor dining and seating may be established as an accessory use to a legally established eating and drinking establishment that is located on the same lot, a contiguous adjacent parcel, or on public right-of-way immediately adjacent to the tenant space. 2. Hours of Operation. Outdoor dining shall be limited to the hours when the principal use is open for business unless otherwise specified in the Zoning Compliance Review application. 3. Design and Set-up

a. Entrances and exits to the business and the outdoor dining area shall be maintained to

Fire, Building Code and ADA standards.

b. Outdoor seating areas on public sidewalks shall be enclosed and restricted to an area outside of the pedestrian walk zone, which shall maintain a clearance of 4 feet for ADA access, light poles, parking meters, fire hydrants, news racks, trees, or other barriers.

The area may be adjacent to the curb if there is a 2-foot minimum clearance to the curb. c. Barriers are required for areas where alcohol is served. Business operators must obtain the necessary licenses from the State Department of Alcohol Beverage Control and comply with all rules and regulations required by the State, including Limitation on Relief measures.

i. Perimeter barriers shall generally be temporary and movable fixtures on public sidewalks or within parking areas. The barriers shall be of a durable material, not including plastic, and shall reflect the architectural character of the building. Small planter boxes may be used to define the boundary of the outdoor dining area. No chain link fencing, chicken wire or cyclone fencing. ii. Barriers are required for areas where alcohol is served. Business operators must obtain the necessary licenses from the

State Department of Alcohol Beverage

Control and comply with all rules and regulations required by the State, including

Limitations on Relief measures. iii. If a permanent barrier is proposed, the barrier may be bolted to a public sidewalk or asphalt and subsequently removed and the sidewalk or asphalt shall be repaired, subject to the review and approval of the Public Works Department.

4. Equipment and Materials.

a. The furnishings of the outdoor dining shall consist of movable tables and chairs, including movable planters and pots and portable space heaters. b. Furniture. Outdoor furniture shall be made of safe, sturdy, and durable material such as wrought iron, wood or steel. All tables and chairs shall be commercial grade and manufactured for outdoor use. Tables and chairs shall not be stacked outside at any time.

Outdoor dining area furniture shall not be left outside unused for more than 2 days. c. Awnings. Retractable awnings and umbrellas may be used in an outdoor dining area, at a minimum clearance of 8 feet on public sidewalks, and there shall be no permanent roof or shelter. d. Shading. Individual canvas or other non-vinyl umbrellas are permitted. Umbrellas shall be designed for outdoor commercial use and shall be well maintained. Umbrellas shall maintain a clearance as to not obstruct pedestrian flow or obstruct any street signs or traffic signals. Each umbrella may include the name/logo of the dining establishment but shall not include any other form of product advertising or messages.

5. Lighting. All lighting shall be shielded to prevent glare to pedestrians and vehicle traffic. 6. Safety.

a. Fire access (roadways, driveways) and water supply (fire hydrants) shall remain accessible at all times. b. Operators shall maintain the width of the exit system; tables, chairs, merchandise storage systems and other devices shall not obstruct the means of egress along the path of exit travel based on the cumulative occupant load served. Maintain clear access to all exits. c. The minimum fire-extinguisher requirement shall be one 2A-10BC rated portable unit in such locations so that maximum floortravel distance does not exceed 75 feet to the nearest extinguisher from any portion of the outdoor dining areas. Existing fire extinguisher.

Locking devices on exit doors shall conform to the California Building Code. Only one lock or latch requiring one motion/operation to open/unlock is required. No double keyed dead-bolts are permitted on exit doors.

d. All interior and exterior curtains, tents, awnings and decorations, shall be Flame Retardant treated in accordance with the California Code of Regulations Title 19 Article 8 and 9 and the 2019 California Fire Code Chapter 8. e. Tents shall meet the State Fire Marshal

Flame Resistance requirements and have a SFM Certification Seal attached to the tent material. A Tent Permit is required from the Fire Department for all tents that exceed 400 square feet in area. f. Open flame devices (candles) are prohibited. g. Portable gas-fired heating appliances located outdoors shall comply with the following requirements:

i. Prohibited locations: The storage or use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations: Inside of any occupancy where connected to the fuel gas container.

Inside of tents, canopies and membrane structures. On exterior balconies. ii. Clearance to buildings: Portable outdoor gas-fired heating appliances shall be located not less than 5 feet (1524 mm) from buildings. iii. Clearance to combustible materials:

Portable outdoor gas-fired heating appliances shall not be located beneath, or closer than 5 feet (1524 mm) to combustible decorations and combustible overhangs, awnings, sunshades or similar combustible attachments to buildings. iv. Proximity to exits: Potable outdoor gas-fired heating appliances shall not be located within 5 feet (1524 mm) of exits or exit discharges. v. Listing and approval: Only listed and approved portable outdoor gas-fired heating appliances utilizing a fuel gas container that is integral to the appliance shall be used. vi. Installation and maintenance: Portable outdoor gas-fired heating appliances shall be installed and maintained in accordance with the manufacturer’s instructions. vii. Tip-over switch: Portable outdoor gas fired heating appliances shall be equipped with a tilt or tip-over switch that automatically shuts off the flow of gas if the appliance is tilted more than 15 degrees (0.26 rad) from the vertical. viii. Guard against contact: The heating element or combustion chamber of portable outdoor gas-fired heating appliances shall be permanently guarded so as to prevent accidental contact by persons or material. ix. Storage of fuel tanks shall be outside in a well ventilated area.

h. Outdoor food preparation shall be prohibited.

7. Maintenance. The sidewalk area in and adjacent to the outdoor dining area shall be steam cleaned or pressure washed on at least a monthly basis and well maintained at all times.