Article 7 — Outdoor Dining Permits

The purpose of the regulations and standards in this article are to promote safe and visually appealing opportunities for outdoor dining within the City of Ojai. (§ 1, Ord. 720, eff. December 25, 1997)

Unless the provisions or the context otherwise requires, the following definitions shall govern this article:

"City" means the City of Ojai.

"Conditional use permit" means a permit issued by the Planning Commission for a specific use not usually allowed in a zone, with conditions that govern design, construction, operations and other aspects of a proposed development project

"Director" means the Director of Public Works.

"Outdoor dining" means the use of City sidewalks and public rights-of-way for the consumption of food or beverages in conjunction with the operation of a food service establishment properly licensed for such service under state and county health regulations and which provides onpremises customer seating.

"Outdoor dining permit" means a permit issued by the Director permitting the encroachment upon and use of the public right-of-way for outdoor dining. (§ 1, Ord. 720, eff. December 25, 1997)

Outdoor dining is not permitted within the City without an outdoor dining permit unless the establishment qualifies for an exemption under Section 7-1.704. (§ 1, Ord. 720, eff. December 25, 1997)

Food establishments that primarily provide take-out service are exempted from the provisions of this article provided that their outdoor facilities are limited to no more than two chairs and one table or one bench. Such establishments shall apply for an encroachment permit from the Public Works Department pursuant to this chapter.

(§ 1, Ord. 720, eff. December 25, 1997)

Outdoor dining shall require a conditional use permit pursuant to Section 10-2.2002 of this Code, in addition to the outdoor dining permit required by this article and shall be in compliance with all adopted rules and regulations for outdoor dining.

Outdoor dining may be permitted where, in the opinion of the Director, traffic and pedestrian safety is compatible with outdoor dining. All Outdoor dining areas must be adjacent to and incidental to the operation of a food service establishment providing on-premises customer

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA

PUBLIC WORKS

§ 7-1.705

§ 7-1.708

seating properly permitted for such service pursuant to state and county health regulations. Use of the sidewalk or public right-of-way must be confined to the actual sidewalk and public rightof-way frontage of the restaurant or food service building. (§ 1, Ord. 720, eff. December 25, 1997)

Outdoor dining is permitted only where, in the opinion of the Director, the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed outdoor dining. Each application request will be field reviewed by the Director or his or her designee to determine the width of sidewalk which shall remain clear and unimpeded for pedestrian traffic.

(§ 1, Ord. 720, eff. December 25, 1997)

Outdoor dining is a revocable encroachment permit granted by the City. The City shall have the right, acting through the Director, to suspend the operation of outdoor dining at any time because of anticipated or actual conflicts in the use of the sidewalk area or right-of-way. Such conflicts may arise from, but are not limited to, scheduled festivals or similar special events, parades or marches, repairs to the street or sidewalk, or from emergencies occurring in the area.

To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the outdoor dining will be suspended by the City. (§ 1, Ord. 720, eff. December 25, 1997)

The Director shall issue an outdoor dining permit pursuant to administrative regulations adopted by resolution of the Planning Commission and City Council.

At a minimum such regulations shall determine and require the following:

• (a) The approval and execution of a standard permit and hold harmless agreement in a form acceptable to the City Attorney;

• (b) Proof of insurance naming the City as additional insured as set forth in Section 7-1.106 of this chapter in an amount of not less than $500,000 combined single limits;

• (c) Special site conditions as are needed or desirable;

• (d) Whether the design for seating and signage meets the minimum standards of the established regulations;

• (e) Such other conditions as are necessary for public safety or to protect public improvements.

• (f) Conditions necessary to restore the appearance of the sidewalk or right-of-way on termination of use;

• (g) Compliance with the applicable City building, signage, zoning and design review requirements;

• (h) Approval by the Planning Commission of a conditional use permit; and

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA § 7-1.708

OJAI CODE

§ 7-1.714

• (i) The payment of an appropriate permit application and encroachment fee in an amount established by resolution of the City Council.

• (§ 1, Ord. 720, eff. December 25, 1997)

The maximum term of an outdoor dining permit shall be one year. Thereafter, the Director may extend the permit for additional periods, not to exceed one year each, following review and approval of the operation of the outdoor dining business. If the Director considers additional or revised conditions necessary to carry out the intent of this chapter, such new conditions may be imposed upon the extension, including the imposition of a permit renewal fee. (§ 1, Ord. 720, eff. December 25, 1997)

Permits issued pursuant to the authority of this Chapter shall be nontransferable from one owner to another.

(§ 1, Ord. 720, eff. December 25, 1997)

The provisions of Section 7-1.130 of this chapter shall be applicable to the issuance of an outdoor dining permit.

(§ 1, Ord. 720, eff. December 25, 1997)

An outdoor dining permit may be cancelled by the Director for the reasons set forth in Section 7-1.213 of this chapter.

(§ 1, Ord. 720, eff. December 25, 1997)

The provisions of Section 7-1.224 of this chapter shall be applicable to outdoor dining. (§ 1, Ord. 720, eff. December 25, 1997)

Any appeal of a decision by the Director concerning the refusal or revocation of an outdoor dining permit, or conditions attached to such permit, shall follow the provisions of Article 8 of this chapter.

(§ 1, Ord. 720, eff. December 25, 1997)

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA

PUBLIC WORKS

§ 7-1.801

§ 7-1.803

Article 8 Appeals

Any person aggrieved by the refusal or revocation of a permit, or conditions attached to a permit, may appeal to the Council within 30 days after the date of such action. The appeal shall be in the form of a written notice filed with the City Clerk and signed by the applicant. The notice shall have attached a copy of the application as filed with the Director, shall recite such other items as have been filed, and shall state clearly and concisely the grounds upon which the applicant relies in his appeal.

(§ 1, Ord. 645, eff. March 12, 1987, as amended by § 2, Ord. 720, eff. December 25, 1997)

The City Clerk shall set the matter for a hearing within 30 days after the notice is filed and shall notify the applicant and the Director of the setting.

(§ 1, Ord. 645, eff. March 12, 1987, as amended by § 2, Ord. 720, eff. December 25, 1997)

At the hearing, the applicant shall establish to the satisfaction of the Council that he is entitled to the issuance of a permit pursuant to this chapter or to the reinstatement of a permit previously revoked. The Director may present his grounds for maintaining conditions or the denial or revocation of the permit. The decision of the Council shall be final.

(§ 1, Ord. 645, eff. March 12, 1987, as amended by § 2, Ord. 720, eff. December 25, 1997)

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA § 7-2.01

PUBLIC WORKS

§ 7-2.02