HomeMy WebLinkAbout(1996, 05/28) - L-19 - Amended - changed to L-210 L -21
SIDEWALK CAFE STANDARDS AND PROCEDURES
I. PURPOSE
These standards and procedures are adopted pursuant to Chapter 13.18 of the
Municipal Code in order to encourage appropriate outdoor activities in the
public right -of -way, to ensure that the space used for outdoor dining in the
public sidewalk will 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.
11. DEFINITIONS
Sidewalk Cafe - 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.
III. GENERAL PROVISIONS
A. Permit required. Outdoor dining on a public sidewalk may occur only
pursuant to a Sidewalk Cafe License Encroachment Permit (hereinafter
Encroachment Permit").
B. Prohibited locations. Outside dining will not be permitted on sidewalks
designated by City Council resolution as shared bicycle and pedestrian
facilities (see Attachment B).
C. 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 the City Council. Prior to approval of the transfer the
Public Works Director may modify the terms of the 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 and limitations set forth in Section 20.72.018
Accessory Outdoor Dining) of the Municipal Code. An Encroachment
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Permit may be processed concurrently with an Accessory Outdoor Dining
Permit.
E. 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.
Standard conditions of approval are provided as Attachment A to this
Council Policy. In addition to these standard conditions, special
conditions may be applied as deemed appropriate by the Public Works
Director.
F. 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. Notwithstanding any other
provisions of this policy, the Public Works Director shall have the
authority to deny any Encroachment Permit application or revoke any
existing permit if it is determined to be detrimental to public health, •
safety or general welfare. The decision of the Public Works Director may
be appealed to the City Manager by the applicant. The decision of the
City Manager shall be final.
G. Indemnification. The Permittee shall 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.
H. Insurance. The Permittee shall obtain and maintain in force
comprehensive general liability, broad form property damage and
blanket contractual liability insurance in a combined single limit amount,
per claim and aggregate, of at least one million dollars ($1,000,000.00)
covering the Permittee s operations on the sidewalk. Such insurance shall
name, on a Special Endorsement form, the City, its elected and appointed
boards, officers, agents and employees as additional insureds. A
Certificate of Insurance shall contain provisions that prohibit
cancellations, modifications, or lapse without thirty (30) days prior
written notice to the City.
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IV. 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, sign posts,
parking meters, fire hydrants, news racks, etc. within twenty feet (20') 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.
V. TERM
Valid encroachment permits shall remain in effect until modified or revoked.
VI. SIDEWALK CAFE DEVELOPMENT STANDARDS
A. Horizontal Clearance: A clear, continuous pedestrian path not less than
six feet (6') 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 feet (6') if necessary to protect the public safety.
Areas with heavy pedestrian traffic may be required to maintain a
minimum of eight feet (8') 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.
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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 -foot (10') 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 -foot (5')
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 NBMC Sec. 20.72.018, 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.
VII. DESIGN STANDARDS
A. Barriers.
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 will be served.
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.
Barriers should compliment 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 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 capable of being removed through
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the use of recessed sleeves and posts, by wheels that can be locked into
place, or weighted bases.
The height of any barrier shall not exceed three feet six inches (3'6 ").
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 feet (8') above the sidewalk and no portion of an umbrella shall be
less than seven feet (7) above the sidewalk. Awnings may extend up to
five feet (5') 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.
C. Lighting. Outdoor lighting fixtures should 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
will be permitted.
D. Design. The design, material, and colors used for chairs, tables,
umbrellas, awnings and other fixtures should compliment the
architectural style and colors of the building facade and street furniture.
E. Sims. Notwithstanding any other provision in the 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.
VIII. FEES
A. AARplication fee. An application fee of $50.00 shall be paid at the time an
Encroachment Permit application is submitted to the Public Works
Department.
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B. Transfer fee. A transfer fee of $25.00 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 of $100 (sidewalk dining area of 100
square feet or less) or $200 (sidewalk dining area over 100 square feet)
shall be paid upon annual renewal of an Encroachment Permit. No use
fee shall be charged during the first year of operation.
IX. VIOLATION /REMEDY
In the event that 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. 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 the decision of the Public Works Director to the City Manager. The
determination of the City Manager with respect to abatement shall be final.
Attachments A & B .
Adopted - March 11, 1996
Corrected - May 28,1996
Note: This policy was adopted as L -19 on 3- 11 -96, however this number was already
assigned to Leased Street Lights (approved 2- 26 -96).
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