Chapter 20.65 — OUTDOOR DINING AREAS AND OUTDOOR MERCHANDISE DISPLAYS

Outdoor dining areas or outdoor merchandise displays may be permitted subject to approval by the Planning Director or other review body and issuance of an outdoor dining permit or outdoor merchandise display permit. (Ord. 1307 § 1, March 4, 2019)

Applications for outdoor dining permits and outdoor merchandise display permits shall be submitted to the Planning Director, together with the appropriate fee, as established by resolution adopted by the City Council, and other required materials. A site plan drawn to scale, depicting passageway dimensions, the location of seating, tables, umbrellas and/or merchandise displays, together with such other information and exhibits as required by the Planning Director, shall accompany the application. The application must be reviewed by and found to meet the standards of the Department of Public Works, the Mill Valley Fire Department, and the Mill Valley Police Department.

The Planning Director may grant an outdoor dining permit or outdoor merchandise display permit provided that the following findings can be made:

A. The proposed outdoor dining area or outdoor merchandise display will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the neighborhood of the proposed use.

B. The proposed outdoor dining area or outdoor merchandise display will not adversely affect properties in the neighborhood of the proposed use.

The Planning Director may impose reasonable conditions of approval upon any outdoor dining permit or outdoor merchandise display permit as necessary to accomplish the purposes of this chapter.

Any decision of the Planning Director to grant an outdoor dining permit or an outdoor merchandise display permit may be appealed to the Planning Commission in accordance with Chapter 20.100 of this Code.

A. Outdoor dining areas shall be permitted as accessory uses in connection with lawfully established restaurants or food service establishments.

B. Food and beverages served in the outdoor dining area shall be limited to that which is
served in the interior of the restaurant or food service establishment.

C. An outdoor dining area must be located directly adjacent to the restaurant or food service
establishment to which it is an accessory use.

D. Tables, chairs, umbrellas or other fixtures associated with outdoor dining areas shall be
compatible with the character of the adjacent buildings and with the design guidelines in
the Mill Valley General Plan, subject to the approval of the Planning Director.

E. Furniture and fixtures utilized in outdoor dining areas shall be of good quality, durable
materials and construction, and shall be maintained in such a manner as to enhance the
downtown area.

F. Furniture and fixtures utilized in outdoor dining areas may not be bolted into the ground or
fastened to streetlights, trees or other street furniture. Tables and chairs must be removed
during non-business hours, unless located on private property.

G. Any outdoor lighting associated with outdoor dining areas shall be subject to the approval
of the Planning Director.

H. Portable heaters utilized in outdoor dining areas shall be located a minimum of three feet
from any combustible material and shall be located completely within the confines of the
outdoor dining area.

I. The canopies of umbrellas utilized in outdoor dining areas must provide a minimum
vertical clearance of seven and one-half feet, unless the umbrella does not extend beyond
the outside edge of a table. Umbrella canopies shall not be placed within two feet of the
face of a curb. Weather shields, temporary walls and awnings, must provide a minimum
vertical clearance of seven and one-half feet.

Not more than 50% of the total perimeter lineal footage of the outdoor dining area may be
fully enclosed, unless additional parking is provided in accordance with Section 20.60.090.
Weather shields, walls, planters or other barriers defining the open portion of outdoor
dining area shall not exceed 48 inches in height.

J. No sound amplification device, musical instrument or sound reproduction device shall be
operated or used in outdoor dining areas.

K. Outdoor dining areas shall be maintained in a clean condition at all times. All litter and food items associated with the outdoor dining area shall be removed and disposed of on a continual basis. The ground surface of the outdoor dining area shall be steam cleaned or pressure washed on a quarterly basis, or as often as determined necessary by the City. Residue water from steam cleaning or pressure washing must be appropriately collected in accordance with best management practices guidelines, never flushed down a gutter or storm drain.

L. Outdoor dining areas shall be designated by fixed, permanent markings as shown and
approved in the permit application.

M. Outdoor dining areas located in the public right-of-way shall allow a minimum 48 inches,
unobstructed passageway from the exterior border of the dining area to the interior edge of
the curb of the adjacent street, or to any curb, ramp or crosswalk, or to any other fixed
obstruction (i.e., light pole, planting area, parking meter) at all times. No wait staff or
busing shall be allowed within the required 48-inch clearance area. Outdoor dining areas
shall not obstruct access to parking areas or driveways, or encroach on landscape areas.

Owner/operator shall be responsible for compliance with Title 24 of the California Building
Code with regards to accessibility.

N. No additional parking shall be required, unless in the opinion of the Planning Director,
significant additional seating is created in the outdoor dining area.

O. The permit shall expire with the change of business owner or the change of use of the
business.
(Ord. 1307 § 1, March 4, 2019)

A. Outdoor merchandise displays shall be permitted as accessory uses to lawfully established retail businesses in the C-G (General Commercial) and C-N (Neighborhood Commercial) districts.

B. The type of merchandise displayed in an outdoor merchandise display shall be limited to
the type of merchandise sold by the business at the site.

C. An outdoor merchandise display must be located directly adjacent to the retail business to
which it is an accessory use.

D. Outdoor merchandise display fixtures shall be compatible with the character of the adjacent
buildings and with the design guidelines in the Mill Valley General Plan, subject to the
approval of the Planning Director. Merchandise displays utilizing card tables, cardboard
cartons, plastic milk crates or plywood boxes are not permitted.

E. Outdoor merchandise display fixtures shall be of good quality, durable materials and
construction, and shall be maintained in such a manner as to enhance the downtown area.

F. Outdoor merchandise display fixtures may not be bolted into the ground or fastened to
streetlights, trees or other street furniture. All merchandise and merchandise display
fixtures must be removed during non-business hours unless located on private property.

G. Outdoor merchandise displays shall be limited to 75% of the business frontage, measured
by linear foot.

H. Outdoor merchandise displays, including the merchandise placed on them shall be limited
to a width of 30 inches and may not be more than six feet high. Merchandise too large to
be placed on a display may be freestanding.

I. Outdoor merchandise displays shall be organized and maintained in an orderly and
attractive manner at all times.

J. No sound amplification device, musical instrument or sound reproduction device shall be
operated or used in conjunction with outdoor merchandise displays.

K. Any outdoor lighting associated with outdoor merchandise displays must be approved as
part of the outdoor merchandise display permit process.

L. Merchandise displays located in the public right-of-way shall allow a minimum 48-inch
unobstructed passageway from the exterior border of the designated markings to the
interior edge of the curb of the adjacent street, or to any curb ramp or crosswalk, or to any
other fixed obstruction (i.e. light pole, planting area, parking meter) at all times.

Merchandise display areas shall not obstruct access to parking areas or driveways, or
encroach on landscape areas. Owner/operator shall be responsible for compliance with the
California Building Code with regards to accessibility and egress.

M. Outdoor merchandise display areas shall be designated by fixed, permanent markings as shown and approved in the permit application. Minimal contrast markings are required. No paint will be accepted as a type of designated marking.

N. Permitted outside merchandise displays located on the public right-of-way shall operate
only on the following days.

1. The weekend including the third Sunday in April, or the 2nd Sunday if the third
Sunday is Easter [three days, consisting of the immediate Friday prior, the Saturday
and the Sunday only].

2. The weekend including the third Sunday in June [three days, consisting of the
immediate Friday prior, the Saturday and the Sunday only].

3. Wine and Gourmet Food Tasting day (4th Sunday in June) [one day only].

4. The weekend including the third Sunday in July [three days, consisting of the
immediate Friday prior, the Saturday and the Sunday only].

5. The weekend including the third Sunday in August [three days, consisting of the
immediate Friday prior, the Saturday and the Sunday only].

6. The weekend including the third Sunday in October [three days, consisting of the
immediate Friday prior, the Saturday and the Sunday only].

O. Outside merchandise displays which are located on the public right-of-way are allowed
without permit on the following weekends, provided they are in conformance with
requirements A through L as outlined in Section 20.65.070 of this chapter:

1. Memorial Day Holiday (last Monday in May) weekend [three days, consisting of the
immediate Friday prior, the Saturday and the Sunday only].

2. Fall Arts Festival (second or third weekend in September) weekend [three days,
consisting of the immediate Friday prior, the Saturday and the Sunday only].

P. The permit shall expire with the change of business owner or the change of use of the
business.

The permit holder of an outdoor dining permit or outdoor merchandise display permit for use of public property shall, at its sole cost and expense, maintain a comprehensive liability insurance policy in an amount specified by the City at all times during the duration of the permit.

A. Prior to the issuance of an outdoor dining permit or outdoor merchandise display permit,
the applicant for the permit shall furnish the City with a certificate of insurance, duly
authenticated, evidencing maintenance of the insurance required under the permit.

B. Said insurance policy shall name the City, its officials, officers, employees, agents and
volunteers as additional insureds. Said insurance shall apply as primary insurance, and shall stipulate that any insurance maintained by the City shall be in excess of the permit
holder's insurance and shall not contribute with it. The insurance policy shall also contain
a provision that cancellation, termination, or suspension of the policy, or any change of
coverage of the insured or additional insureds, shall not be effective until after 30 days prior
written notice has been provided to the City.

C. If the insurance policy is canceled, terminated, suspended or materially changed, the
outdoor dining permit or outdoor merchandise display permit shall be suspended until such
time as compliance with the requirements of this section has been fully satisfied.

The permit holder of an outdoor dining permit or outdoor merchandise display permit shall indemnify, defend and hold harmless the City, its officials, officers, agents, and employees from any and all claims, causes of action, losses, injuries or damages arising directly or indirectly from the negligent acts, errors or omissions of the permit holder, its officers, agents, employees, or anyone rendering services on its behalf. This indemnity shall include all reasonable costs and attorney's fees incurred in defending any action covered by this section.

Any outdoor dining permit or outdoor merchandise display permit may be revoked by the Planning Director if any of the terms of such permit or the conditions of approval for said permit are violated, or for other good cause deemed necessary to preserve and protect the health and welfare of the public.

Any decision of the Planning Director to revoke an outdoor dining permit or an outdoor merchandise display permit may be appealed to the Planning Commission in accordance with Chapter 20.100 of this Code. (Ord. 1203 § 4, May 16, 2005)