9395.2. - Outdoor dining permit application requirements.

A.

All public eating establishments with outdoor dining tables are required to obtain an outdoor dining permit subject to the following:

1.

Public eating establishments with fewer than four (4) tables, or less than or equal to three hundred sixty (360) square feet of outdoor dining area, whichever is less, shall be required to obtain an outdoor dining zoning clearance from the planning and community development department on the basis of a ministerial decision to certify that the proposed use meets all requirements and conditions of any previously approved conditional use permit or site plan review.

a.

Applications for an outdoor dining zoning clearance shall include the following:

1)

Written approval from the property management;

2)

A seating plan and floor plan that includes ingress and egress locations;

3)

Existing and proposed interior and outdoor seating and waiting area square footages;

4)

A detail of any proposed barrier or enclosure; and

5)

Furniture specifications.

2.

Public eating establishments with four (4) or more tables, or more than three hundred sixty (360) square feet of outdoor dining area, whichever is less, shall be required to obtain an outdoor dining permit as follows:

a.

Minor outdoor dining permits. Minor outdoor dining permits are defined as those outdoor dining permits for applications where the square footage of the outdoor dining area is less than or equal to ten (10) percent of the existing interior dining and waiting area square footage. The director of planning and community development shall be the reviewing authority for all minor outdoor dining permits.

b.

Major outdoor dining permits. Major outdoor dining permits are those outdoor dining permits for applications where the square footage of the outdoor dining area is greater than ten (10) percent of the existing interior dining and waiting area square footage. The planning commission shall be the reviewing authority for all major outdoor dining permits.

c.

Applications for minor and major outdoor dining permits shall include the following:

1)

Written approval from the property owner;

2)

A seating plan and floor plan that includes ingress and egress locations;

3)

Existing and proposed interior and outdoor seating and waiting area square footages;

4)

A detail of the required barrier or enclosure;

5)

Furniture specifications; and

6)

A parking analysis.

B.

All plans and permits for the outdoor dining area approved by the city shall be kept on the premises for inspection at all times the establishment is open for business.

C.

Any modification to the approved plans shall be submitted for review and approval by the department of planning and community development prior to the initial implementation of any modification and shall comply with applicable guidelines then in effect.

D.

Annual inspections by the department of planning and community development shall be performed for all approved outdoor dining permits.

E.

Modifications to outdoor dining permits may be granted by the director of planning and community development for changes to the approved plans that do not result in an increased number of tables or expansion of dining areas.

F.

The city council may establish fees by resolution for the review of such applications.

G.

In approving an outdoor dining permit, the reviewing authority may impose such conditions as may be reasonably necessary to protect the public health, safety and general welfare, and to ensure that the proposed outdoor dining use is established and conducted in a manner which is consistent with this chapter and the development standards for the underlying zone.

H.

All outdoor dining permits are subject to revocation pursuant to section 9679.

(Ord. No. 23-470, § 4, 6-28-2023)