Dana Point Municipal Code Art. 4 Use of Public Right-of-Way for Business Purposes

The purpose of the following standards for permanent commercial outdoor dining or temporary special events is to establish operational standards for the use of public right-of-way which protects the health, safety and welfare of the public. For the purpose of these standards, commercial outdoor dining shall be permitted within the adjoining public right-of-way only after the Director has approved a permit to encroach. For the purpose of these standards temporary special events shall include parades, sidewalk sales, street fairs and any other activity open to the public and may be permitted within the public right-of-way with the approval of a special event permit by the Director of Community Development of the City or at his discretion with the approval of the Planning Commission.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

(a) No encroachment permit shall be issued by the Director for permanent commercial outdoor dining in the public right-of-way unless the City Manager or Planning Commission has approved the proposed use and associated encroachment.

(b) An applicant requesting permanent commercial outdoor dining shall first apply for the appropriate permits from the Community Development Department. The Director of Community Development may require the following: detailed plans and specifications for each proposed use, showing the layout of the dining facilities. Plans for the proposed use area shall be prepared by a Registered Civil Engineer or a Licensed Architect authorized by state law to provide such services.

(c) A nonrefundable annual fee shall be established by resolution of the City Council for the use of public right-of-way for outdoor dining. The permit fee shall be paid with the application to the Community Development Department for the initial approval or any applicant requested amendment of the encroachment permit. The fee for the use of public right-of-way shall be paid annually to provide for the cost of inspecting and administration of the permit.

(d) The encroachment permit for outdoor dining, once approved by the City Manager or Planning Commission, shall remain in affect until the applicant has stopped use of the right-of-way for 60 days or until the City Manager, Planning Commission, or owner request consideration of an amendment to the conditions of the permit. The permit shall be renewed annually, on the anniversary date of the encroachment permit. City shall give 30 day notice of expiration of the permit. Failure of the City to give notice will not remove permittee's obligation to renew the permit. Failure to renew the permit shall cause the encroachment permit to become null and void.

(e) Whenever a business, for which a permit has been issued, is sold or title transferred, a new encroachment permit shall be obtained by the new owner. No portion of a fee paid by the previous owner is refundable or transferable. The new owner shall pay fees as set forth herein.

(f) The permit requirements set forth in this Article are in addition to, and not in lieu of any requirements of this Code, including, but not limited to, franchise agreements and licenses. Applicants for permit under this Article shall comply with any and all requirements of this Code in addition to the requirements set forth herein this Article.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

(a) No encroachment permit shall be issued by the Director for a special event in the public right-of-way unless the Director of Community Development or the Planning Commission has approved a permit for said activity. The Director may not issue a separate encroachment permit if the special event permit provides adequate conditions and requirements to address impacts expected by the special event.

(b) An applicant requesting a special event permit shall first apply for the appropriate permit from the Community Development Department. The Director of Community Development may require but is not limited to the following:

(1) Completion of a special activity permit application;

(2) Payment of an application fee and refundable deposit;

(3) A detailed plan for the proposed activity;

(4) Proof of liability insurance listing the City of Dana Point as an additional insured for a minimum of $1,000,000.00;

(5) A letter of authorization from the properly owner(s) if different than the applicant.

(6) Any other plans or documents required by the Director of Community Development or the Director.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)