HomeMy WebLinkAbout(2023, 11/14) – L-21 - AmendedL-21
1
SIDEWALK CAFE STANDARDS AND PROCEDURES
Purpose
These standards and procedures are adopted pursuant to Municipal Code Chapter 13.18, and any successor
chapter, to encourage appropriate outdoor activities in the public right-of-way, to ensure that the space used
for outdoor dining in the public sidewalk shall serve a public purpose, to ease the process of obtaining
permission to operate an outdoor dining facility, and to ensure adequate space for pedestrians on the
sidewalk adjacent to sidewalk cafes.
Definitions
Sidewalk Café. An outdoor dining area on a public sidewalk where patrons may consume food and/or
beverages provided by an abutting food service establishment. Such establishments may either provide table
service in the outdoor dining areas or sell take-out items to be consumed in the outdoor dining area.
These regulations do not apply to outdoor dining on private property.
General Provisions
A. Encroachment Permit required. Outdoor dining on a public sidewalk may occur only pursuant to a
Sidewalk Cafe License Encroachment Permit (hereinafter “Encroachment Permit”).
B. Sidewalk Cafes shall be prohibited in Shared Bicycle/Pedestrian Facilities. Locations of Shared
Bicycle/Pedestrian Facilities where sidewalk cafes are prohibited shall include the following:
Campus Drive – south side Von Karman Ave. to Jamboree Rd.
Irvine Avenue – east side Orchard Ave. to Bristol St.
Jamboree Road – west side Eastbluff Dr. North to Campus Dr.
MacArthur Boulevard – east side Jamboree Rd. to Campus Dr.
Ocean Front F St. to McFadden Place & westerly line
of Ocean Front parking lot to 36th St.
Riverside Avenue – north side Cliff Dr. to 150 feet north of Avon Ave.
San Joaquin Hills Road – south side MacArthur Blvd. to Marguerite Ave.
San Miguel Drive – west side Port Sutton Dr. to San Joaquin Hills Rd.
San Miguel Drive – both sides San Joaquin Hills Rd. to Avocado Ave.
L-21
2
C. Encroachment Permit transfer. An Encroachment Permit may be transferred to a subsequent
operator of the same establishment subject to approval by the Public Works Director and payment
of an Encroachment Permit transfer fee established by resolution of the City Council. Prior to
approval of the transfer the Public Works Director may modify the terms of the Encroachment
Permit as deemed appropriate to protect public health, safety and welfare.
D. Zoning requirements. Outdoor dining on a public sidewalk shall be subject to the requirements
provided in Municipal Code Section 20.48.090 (Eating and Drinking Establishments. An
Encroachment Permit may be processed concurrently with any permits required by the Zoning Code.
E. Authority of the Public Works Director; Appeal. The location and configuration of any sidewalk
cafe shall be subject to approval by the Public Works Director, who shall consider public safety
issues unique to the pedestrian and vehicular needs of the specific location when reviewing
Encroachment Permit applications.
F. Inspection. The Public Works Department may inspect improvements within the public right-of-
way at any time without notice to the Permittee.
G. Conditions of approval. The Public Works Director shall have the authority to apply conditions to
the approval of Encroachment Permits as appropriate to ensure compliance with the provisions of
this policy. The following standard conditions of approval shall be included in the Encroachment
Permit:
1. Indemnification. The Encroachment Permit shall contain a condition requiring the Permittee
to defend, indemnify and hold the City and its employees harmless from and against any loss
or damage arising from the use or existence of the improvements or encroachment authorized
under an Encroachment Permit, which language shall be approved by the City Attorney.
2. Insurance. The Encroachment Permit shall contain a condition requiring the Permittee to
obtain and maintain insurance, which types and amounts shall be determined by the Risk
Manager.
3. Encroachment Permit limitations. Issuance of the Encroachment Permit does not imply that
all governmental agency requirements for starting a new restaurant or expanding an existing
one have been satisfied. Business owners are responsible for securing and complying with
all required licenses and permits from other agencies including the state Alcoholic Beverage
Control Board, the County Health Department, and the City. Sale of alcoholic beverages in
outdoor dining areas shall comply with Newport Beach Municipal Code Section 10.04.010
and Council Policy K-7 (Determination of Convenience and Necessity of Alcoholic
Beverage Premises).
4. No alterations. The floor of the outdoor dining area shall be maintained at the same level as
the sidewalk, and no alterations to the sidewalk or coverings on the sidewalk (e.g., borings
for recessed sleeves) shall be installed unless expressly approved by the Public Works
Director.
L-21
3
5. Disabled access. The outdoor dining area shall be accessible to the disabled, and buildings
adjacent to these dining areas shall maintain building egress as defined by the latest adopted
editions of Title 24 of the California Code of Regulations, Disabled Access Standards.
6. Management. Restaurant management shall operate the outdoor dining areas in compliance
with the terms and conditions of the Encroachment Permit and shall not delegate or assign
the responsibility. The Permittee shall ensure that sidewalk café patrons do not disturb
persons on the adjacent right-of-way by loud, boisterous, and unreasonable noise, offensive
words, or disruptive behavior.
7. Maintenance. Restaurant management shall keep the outdoor dining area clear of litter, food
scraps, greases and oils, and soiled dishes and utensils at all times. Trash receptacles shall
be provided in outdoor dining areas used for consuming take-out items unless public trash
receptacles located nearby are determined to be adequate by the Public Works Director. At
the end of each business day, establishments are required to clean (sweep and wash) the
entire sidewalk in and around the outdoor dining area (including street and gutter areas) and
remove debris to a closed receptacle. No debris shall be swept, washed, or blown into the
sidewalk, gutter or street. If disposable materials are used, the establishment shall comply
with all applicable City recycling programs. Awnings and umbrellas shall be washed
whenever they are dirty and, in any event, no less than two times each year. Private trash
receptacles shall be emptied daily.
8. Furniture removal. When the establishment stops serving for the day and patrons already
seated in it leave, further seating in the outdoor dining area shall be prohibited and the
outdoor dining furniture shall be removed from the right-of-way unless otherwise approved
in the Encroachment Permit.
9. Plans and permits. All City-approved plans and permits for the outdoor dining area shall be
kept on the premises for inspection at all times when the establishment is open for business.
10. Abatement. In the event that the Permittee fails to abide by the terms and conditions of the
Encroachment Permit, the Public Works Director may summarily abate any prohibited
improvements and the Permittee shall pay all costs incurred by the City to abate the
prohibited improvements.
11. Termination. Upon termination of the Encroachment Permit, the Permittee shall immediately
remove the barriers around the outdoor dining area, return the sidewalk to its original
condition, and remove all personal property, furnishings, and equipment from the sidewalk.
Any personal property remaining on the premises shall be removed pursuant to the laws of
the State of California and the City.
L-21
4
Application Procedure
A. An Encroachment Permit shall be required for all encroaching furniture and improvements. The
application shall be filed with the Public Works Department on a form provided by the Public Works
Department. The application shall be signed by the owner of the property, or his authorized agent.
Authorized agents shall submit written authorization. The application shall be accompanied by a
site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature
and extent of all proposed improvements and objects within the encroachment zone. All fixed
features such as tree wells, signposts, parking meters, fire hydrants, news racks, etc. within twenty
(20) feet of the encroachment zone shall be depicted on the site plan.
B. Prior to issuance of the Encroachment Permit the applicant shall provide both the Certificate of
Insurance and the completed standard Special Endorsement in a form meeting the approval of the
Public Works Director and the City Attorney.
Term
Valid Encroachment Permits shall remain in effect until modified or revoked.
Sidewalk Cafe Development Standards
A. Horizontal clearance. A clear, continuous pedestrian path not less than six (6) feet in width shall be
required for pedestrian circulation outside of the outdoor dining area, provided that the Public Works
Director may require more than six (6) feet if necessary to protect the public safety. Areas with
heavy pedestrian traffic shall be required to maintain a minimum of eight (8) feet clear width on the
sidewalk. As used herein, pedestrian path means a continuous obstruction-free sidewalk area, paved
to City standards, between the outside boundary of the dining area and any obstruction, including
but not limited to parking meters, street trees, landscaping, street lights, bus benches, public art, and
curb lines. These requirements may be modified at the discretion of the Public Works Director in
locations where unusual circumstances exist and where public safety would not be jeopardized.
B. Allowable uses. An outdoor dining area may incorporate street trees or street furniture, provided
that the required pedestrian path is maintained outside of the outdoor dining area.
C. Setbacks from corners, streets and alleys. When an outdoor dining area is located at a street corner,
a ten (10) foot setback from the corner of the building shall be maintained along both frontages.
When an outdoor dining area is located adjacent to a driveway or an alley, a five (5) foot setback
shall be maintained from the driveway or alley. These requirements may be modified at the
discretion of the Public Works Director in locations where unusual circumstances exist and where
public safety would not be jeopardized (e.g., the sidewalk adjacent to the proposed outdoor dining
area is wider than usual or the perimeter of the building has an unusual configuration).
D. Extension to adjacent properties. Subject to approval of the Public Works Director and the
limitations of Newport Beach Municipal Code Section 20.48.090(D), an outdoor dining area may
extend onto the sidewalk in front of an adjacent business with the written consent of both the
adjacent business owner and property owner.
L-21
5
Design Standards
A. Barriers.
1. No barrier shall be required if the applicant proposes to limit the outdoor dining area to one
row of table and chairs abutting the wall of the establishment and if no alcohol shall be
served.
2. Establishments that serve alcoholic beverages in the outdoor dining area shall provide a
physical barrier that meets the requirements of this policy and of the Alcoholic Beverage
Control Board.
3. Barriers should complement the building facade as well as any street furniture and be
somewhat transparent (such as wrought iron) and shall be able to withstand inclement
weather. Barriers must be seventy percent (70%) transparent and shop drawings showing the
design must be submitted to the Public Works Department for approval upon request.
4. Barriers shall conform to the Public Works Department installation standards and be
removable. Barriers and furniture shall be removed at the end of each business day unless
otherwise approved by the Public Works Department. Barriers shall be designed to be
sectional in nature and easily removed by no more than two people. Barriers may be
anchored through the use of recessed sleeves and posts, by wheels that can be locked into
place, or weighted bases, however, when they are removed, the resulting surface must be
flush with the sidewalk.
5. The height of any barrier shall not exceed three (3) feet six (6) inches.
B. Awnings and Umbrellas. The use of awnings over the outdoor dining area and removable table
umbrellas may be permitted, provided they do not interfere with street trees. No portion of an awning
shall be less than eight (8) feet above the sidewalk and no portion of an umbrella shall be less than
seven (7) feet above the sidewalk. Awnings may extend up to five (5) feet from the building front
or cover up to fifty percent (50%) of the outdoor dining area, whichever is less. Awnings shall have
no support posts located within the public right-of-way. A building permit must be obtained prior
to installation of an awning. Heaters, electrical lighting, and/or planting shall not be attached to the
awning structure.
C. Lighting. Outdoor lighting fixtures shall compliment the style of the building. Lighting fixtures shall
not be glaring to motorists or pedestrians on the adjacent right-of-way, and shall illuminate only the
outdoor dining area. Outdoor lighting may be installed on the facade of the building. Electrical
fixtures shall not be permitted in the public right-of-way. Lighting shall be installed by a licensed
electrician under an electrical permit from the Building Department. Battery operated lamps or
candles shall be permitted.
D. Design. The design, material, and colors used for chairs, tables, umbrellas, awnings and other
fixtures shall compliment the architectural style and colors of the building facade and street
furniture.
L-21
6
E. Signs. Notwithstanding any other provision in the Newport Beach Municipal Code, signs and logos
shall be permitted on umbrellas in outdoor dining areas.
F. Heaters. Portable propane heaters shall be allowed within the outdoor dining area.
G. Landscaping. Any landscaped pots or planters, if desired, shall be placed within the permitted
barrier. Such planters shall be portable and not line the barrier in a continuous fashion. The height
of planter and plantings shall not exceed forty-two (42) inches. Barriers and awnings shall not be
planted with vines. All planters and pots shall be placed on the interior of the barrier.
Plants shall be properly maintained and stressed or dying plants shall be promptly replaced. Because
plant fertilizers contain materials that can stain the pavement, water drainage from any plants onto
the adjacent sidewalk shall not be allowed. Potted plants shall have saucers or other suitable systems
to retain seepage and be elevated to allow for air flow of at least one (1) inch between saucers and
sidewalk.
Fees
A. Application fee. An application fee established by resolution of the City Council shall be paid at the
time an Encroachment Permit application is submitted to the Public Works Department.
B. Transfer fee. A transfer fee established by resolution of the City Council shall be paid at the time an
Encroachment Permit transfer application is submitted to the Public Works Department.
C. Annual use fee. An annual use fee established by resolution of the City Council shall be paid upon
annual renewal of an Encroachment Permit. No use fee shall be charged during the first year of
operation.
Violation/Remedy
The Public Works Director may revoke the Encroachment Permit at any time if it is determined that
continued operation of the sidewalk café is detrimental to the public interest, or the Permittee is in violation
of the conditions set forth in the Encroachment Permit.
If a Permittee fails to abide by the provisions of this policy or the terms and conditions of an Encroachment
Permit, the Public Works Director may summarily abate any encroachment or improvement that is in
violation of this policy or the terms and conditions of an Encroachment Permit. The Permittee or property
owner shall pay all costs incurred by the City in abating the encroachment or improvement.
The Permittee or property owner may appeal to the City Manager the decision of the Public Works Director
to revoke an Encroachment Permit or the cost incurred to abate an encroachment/improvement, within ten
(10) days of receiving notice of the revocation or demand for payment of the abatement costs. The
determination of the City Manager with respect to the appeal shall be final as to the City but subject to
judicial review pursuant to Cal. Code Civ. Proc. 1094.5.
L-21
7
History
Adopted L-19 – 3-11-1996
Amended L-19 – 5-28-1996 (changed to L-21)
Amended L-21 – 3-22-1999
Amended L-21 – 4-23-2002
Amended L-21 – 8-14-2018
Amended L-21 – 11-14-2023