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HomeMy WebLinkAbout96-9 - Amending Title 13 of the Newport Beach Municipal Code Relating to the Use of Public Sidewalks for Outdoor DiningORDINANCE NO. 96 -9 AN ORDINANCE OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING TITLE 13 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE USE OF PUBLIC SIDEWALKS FOR OUTDOOR DINING • WHEREAS, the City has been actively engaged in commercial revitalization and business promotion strategies and efforts, including an effort to support restaurant establishments and provide a pedestrian- friendly urban environment; and WHEREAS, establishment of high quality outdoor dining areas in Newport Beach will promote the economic vitality of the City's commercial districts and the public interest; and WHEREAS, the adoption of administrative standards and procedures for the establishment and operation of outdoor dining areas will serve the interest of the business community, residents and visitors to the City by streamlining the permit process for restaurant operators while protecting the public interest. •NOW, THEREFORE, the City Council of the City of Newport Beach, California DOES HEREBY ORDAIN as follows: SECTION 1. Newport Beach Municipal Code Title 13 (Streets, Sidewalks and Public Property) is hereby amended by adding a new Chapter 13.18 to read as follows: Chapter 13.18 USE OF PUBLIC SIDEWALKS FOR OUTDOOR DINING Sections: 13.18.005 Purpose 13.18.010 Applicability • 13.18.015 Public Works Director Authority; Appeal 13.18.020 Placement and Removal of Fixtures and Equipment on Sidewalks 13.18.025 Outdoor Dining Prohibited on Joint Bicycle/Pedestrian Sidewalks 13.18.030 Fees Ordinance 96 -9 Use of Public Sidewalks for Outdoor Dining Page 1 13.18.005 Purpose. This Chapter authorizes the administrative licensing of outdoor dining areas on public sidewalks in order to promote commercial revitalization and business opportunities in a manner that is consistent with the public welfare and safety. 13.18.010 Applicability. Notwithstanding any other provisions of this Code, it shall be ® unlawful for any restaurant business to place furniture or equipment on a public sidewalk for outdoor dining without first obtaining a valid Sidewalk Cafe License Encroachment Permit which shall provide for indemnification of the City and the maintenance of liability and other insurance coverage, and which shall conform to City Council Policy regarding Sidewalk Cafe Standards and Procedures. 13.18.015 Public Works Director Authority; Appeal. (a) The Public Works Director is authorized to approve and execute, on behalf of the City, a Sidewalk Cafe License Encroachment Permit, subject to the adopted Sidewalk Cafe Standards and Procedures. ® (b) In addition to all other remedies provided by law or agreement, the Public Works Director is authorized to suspend, revoke, or modify any Sidewalk Cafe License Encroachment Permit at any time. (c) The decision of the Public Works Director may be appealed to the City Manager by the applicant or property owner. The decision of the City Manager shall be final. 13.18.020 Placement and Removal of Fixtures and Equipment on Sidewalks. (a) Any fixtures and equipment placed on a public sidewalk pursuant to a Sidewalk Cafe License Encroachment Permit shall be removed at the close of business each day unless otherwise .approved by the Public Works Director. (b) Upon suspension, revocation or termination of a Sidewalk Cafe License Encroachment Permit, all fixtures and equipment shall immediately be removed from the public right -of -way, and the sidewalk returned to its original condition. (c) After suspension, revocation or termination of a Sidewalk Cafe License Encroachment Permit, failure to remove all fixtures and equipment from the public right -of -way or to return the Ordinance 96 -9 Use of Public Sidewalks for Outdoor Dining Page 2 11 • • sidewalk to its original condition, or both, shall be a nuisance affecting the public safety and is prohibited. 13.18.025 Outdoor Dining Prohibited on Joint Bicycle/Pedestrian Sidewalks. Outdoor dining shall be prohibited on sidewalks designated by City Council resolution for joint bicycle/pedestrian use. 13.18.030 Fees. Each application for a Sidewalk Cafe License Encroachment Permit shall be accompanied by the fee(s) required by Resolution of the City Council. SECTION 2. Newport Beach Municipal Code Section 10.08.030 (Use of Streets and Sidewalks for Commercial Purposes) is hereby amended by adding a new Subsection B.7 to read as follows: Code. 7. For sidewalk dining subject to the provisions of Chapter 13.18 of this SECTION 3. Newport Beach Municipal Code Section 20.72.018 (Accessory Outdoor Dining) is hereby amended by adding a new Subsection F. to read as follows: F. In the event that the proposed outdoor dining area is located on a public sidewalk, an Accessory Outdoor Dining permit shall not become effective until the applicant has obtained a valid Sidewalk Cafe License Encroachment Permit pursuant to Chapter 13.18 of this Code. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of February, 1996, and adopted on the 11th day of March, 1996 by the following vote, to wit: Ordinance 96 -9 Use of Public Sidewalks for Outdoor Dining Page 3 l �J J • • AYES, COUNCIL MEMBERS O NEIL. EDbMW F NOES, COUNCIL. MEMBERS NONE ABSENT COUNCIL MEMBERS NONE MAYOR CA WIN ..UGHN- DISDWKCAFE\ORD.FINL.DOC Ordinance 96 -9 Use of Public Sidewalks for Outdoor Dining Page 4