San Fernando Municipal Code Div. 13 Outdoor Dining

The purpose of this division is to establish requirements for outdoor dining area that is accessory to a restaurant, café, specialty food establishment or other eating establishments, bars, taverns, cocktail lounge, craft breweries/distilleries, tap rooms, tasting rooms or wine bars on when located on private property.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) The outdoor dining area shall require approval of a planning review. See also section 74-196 of the San Fernando Municipal Code, "Temporary use of sidewalk or roadway."

(b) Prior to the installation of any structural, mechanical, electrical or plumbing improvements associated with the outdoor dining or sitting area, a building permit shall be obtained.

(c) Prior to occupancy of an outdoor dining or seating area an inspection is required.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Base zone regulations for setbacks, and maximum lot coverage, and emergency access in accordance with the California Fire Code, shall apply.

(b) Dining areas shall maintain building egress as defined by the Uniform Building Code.

(c) Tables and chairs shall be placed only in the locations shown on the approved site plan.

(d) Barriers to delineate the outdoor dining area are recommended, but not required unless alcohol will be served in the outdoor dining area. The barrier may be either permanently installed or moveable.

(e) When located immediately adjacent to a residential use, or other sensitive uses, provisions shall be made to minimize noise, light, and odor impacts on the residential use.

(f) Outdoor dining may be covered or uncovered. Awnings or umbrellas may be used in conjunction with outdoor dining, but shall not be used as a permanent roof or shelter over the outdoor dining.

(g) Outdoor dining shall be designed and operated so that it may be used by people of all abilities by complying with all of the following:

(1) The surface of the outdoor dining area shall be level and have a running slope and a cross slope that do not exceed two percent (one unit vertical in 50 units' horizontal).

(2) The outdoor dining area shall not be located on a raised platform or in a sunken area, unless an accessible ramp is provided in accordance with the California Building Code, or the American Disabilities Act, whichever provides greater accessibility.

(3) Access openings should be placed in a location that will not create confusion for visually impaired pedestrians.

(4) At least one wheelchair accessible seating space shall be provided for every 20 seats, or as required by the California Building Code, or the American Disabilities Act, whichever is greater.

(5) When multiple wheelchair accessible seating spaces are provided, they shall be distributed and integrated within the outdoor dining area.

(6) Wheelchair accessible seating spaces shall have a minimum unobstructed maneuverability dimension of 30 inches in width by 48 inches in depth.

(7) Access to designated wheelchair seating spaces shall be provided through an accessible path with not less than 48 inches unobstructed width.

(h) Parking for the outdoor dining portion of an eating establishment shall only be required if and only for the area over the thresholds identified below:

(1) The area of the outdoor dining area is greater than 200 square feet; or

(2) The area of an outdoor dining area exceeds 25 percent of the combined total of the gross floor area of the associated eating establishment and the area of the outdoor dining area.

(i) When outdoor dining is proposed on the parking area for the establishment, the required parking can be provided as described in the San Fernando Municipal Code section 106-284.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) A colors and materials sheet shall be included in the site plan application to provide the colors, materials of all furniture, barriers, lighting and landscaping that is to be in the outdoor dining area. Exact dimensions and specifications shall be included.

(b) Dining/seating area barriers (fences, gates, ropes, etc.) shall be visually appealing, and help to separate the dining/seating area from the sidewalk.

(c) Fabric inserts (natural or synthetic) of any size are not permitted to be used as a part of a barrier.

(d) The use of chain-link, cyclone fencing, chicken wire or similar material is prohibited.

(e) Materials not specifically manufactured for fencing or pedestrian control are prohibited unless they are expressly allowed elsewhere in these guidelines.

(f) Materials such as buckets, food containers, tires, tree stumps, vehicle parts, pallets, etc. are not permitted and shall not be used as components of a barrier.

(g) All furniture and fixtures must be of sufficiently sturdy construction so as not to blow over with normal winds.

(h) Furniture and fixtures must not be secured to trees, lampposts, street signs, hydrants, or any other public street infrastructure by any means, whether during restaurant operating hours or when the restaurant is closed.

(i) Outdoor dining furniture shall be made of high-quality, durable materials that provide an attractive design and are appropriate use for outdoor use. Folding chairs, lightweight, plastic, deteriorated, U.V. damages, splintered or similar furniture will not be approved or placed in the outdoor dining area. Sealed or painted metal or wood tables are recommended.

(j) All materials shall be well maintained without stains, rust, tears, or discoloration. Materials that show signs of significant wear/age shall be replaced.

(k) Umbrellas shall be constructed of a canvas-type, durable, and fade and fire-resistant material suitable for outdoor use. No plastic fabrics, plastic or vinyl-laminated fabrics, or any type of rigid materials are permitted.

(l) Umbrellas shall be installed and maintained so as to provide pedestrian clearance by maintaining seven feet of clearance from the ground to the lowest edge of the umbrella.

(1) The seven-foot minimum height includes not only the umbrella frame and panels, but also any decorative borders such as fringes, tassels, or other such ornamentation.

(2) No part of an umbrella may exceed a height of nine feet above the surface of the outdoor dining area to avoid an undue visual obstruction of other businesses.

(m) Umbrellas shall be set back a minimum of three feet from the neighboring property measured from the outer most edge of the umbrella to the property line.

(n) Umbrellas must be free of advertisements or product names.

(1) Umbrellas must not contain signage for the restaurant or for any other entity in the form of wording, logos, drawings, pictorial or photographic representations, or any other similar identifying characteristics.

(o) All parts of any umbrella (including the fabric and supporting ribs) must be contained entirely within the outdoor seating area.

(p) Umbrellas must blend appropriately with the surrounding built environment.

(q) Umbrella fabric must be one solid color, and is not permitted to be a fluorescent or other strikingly bright or vivid color.

(r) Barriers made of walls, railings, fences, planter boxes, solid wood fences or concrete walls or a combination thereof are acceptable.

(s) Barriers shall be no taller than four feet in height, unless the barrier is preexisting and exceeds four feet in height or a barrier greater than four feet in height is required pursuant to another section of the Municipal Code or other codes. Railing and fencing must be constructed of metal, (aluminum, steel, iron, or similar) or wood and must be of a dark color (either painted or stained).

(t) To ensure their effectiveness as pedestrian control devices and their ability to be detected by persons with vision impairments, barriers must meet the following measurements:

(1) Planters may not exceed a height of 36 inches above the level of the sidewalk. Plants may not exceed a height of 108 inches (eight feet) above the level of the sidewalk.

(2) In the case of a rope or chain enclosure, the rope or chain must not exceed 27 inches above the sidewalk surface.

(3) All barriers must be detectable to visually impaired pedestrians who employ a cane for guidance. Therefore, the bottom of the barriers must be no greater than 27 inches above the sidewalk surface.

(4) Fences or other perimeter enclosures with a height of between 36 inches and 48 inches must be at least 50 percent open (see-through) in order to maintain visibility of street level activity. Any enclosure with a height over 48 inches must be at least 80 percent open (see-through).

(5) Any access opening within the barrier must measure no less than 44 inches in width.

(u) When abutting public property, a barrier may be in the form of open fencing, railing and/or landscape planters that must be a minimum of three feet, but not taller than four feet in height.

(v) If a barrier is moveable, it shall be affixed while the establishment is open for business. Rope or chain barriers are permitted. The rope or chain must have a minimum diameter of one inch. Vertical support posts must be constructed of metal or wood. A stanchion base shall not be domed, and shall not be more than one-half of an inch above the surface of the floor.

(w) A stanchion or other vertical supporting member that has a base must not be a tripping hazard.

(x) No banners or signage shall be displayed on the barrier of an outdoor dining area or within the outdoor dining area other than the name of the establishment that may be placed on umbrellas or on the valance of an awning with on overhang not lower than 84 inches from the finished grade of the ground of the outdoor dining area.

(y) Portable heaters, if provided, shall be located a minimum of four feet away from the exterior face of the building and from any combustible materials, including architectural projections, or in accordance with manufacturer recommendations, whichever is most restrictive.

(z) Planters may be made out of wood, ceramics, stone, or high quality thick plastic planter boxes.

(aa) Planters shall contain live plant materials in healthy condition. Seasonal, thematic planter displays are encouraged. Stressed, dead, or dying landscape must be promptly replaced. Artificial plants; empty planters; or planters with only bare dirt, mulch, straw, woodchips or similar material are not permitted.

(bb) Planters shall have a self-contained watering reservoir system that prevents any leakage.

(cc) Illuminated outdoor dining areas shall incorporate lighting which shall be installed to prevent glare onto, or direct illumination of any public space or property or use.

(dd) Lighting shall be mounted so that all wiring is concealed. Rope or string lights are allowed provided they are installed to the requirements of the building code and manufacturer's specifications. Spotlights and illumination for adverting are prohibited.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Outdoor dining shall be operated in a manner that meets all requirements of the Health Department of Los Angeles County and any other applicable regulations.

(b) Exclusive of the Downtown District of the SP-5 Zone, the hours of operation of outdoor dining areas city-wide shall be limited to the hours between 7:00 a.m. and 11:00 p.m., daily.

(1) Within the Downtown District of the SP-5 Zone, the hours of operation of outdoor dining areas shall be limited to the hours between 7:00 a.m. and 12:00 a.m., daily.

(2) When the primary use requires a conditional use permit, the hours and days of operation of the outdoor dining area shall be identified in the approved conditional use permit.

(c) An outdoor dining area may provide either waiter/waitress service or self-service.

(d) The outdoor dining area shall be clean and free of litter at all times. Waste receptacles are encouraged.

(e) Dining equipment (including, but not limited to, tables, chairs, space heaters, barriers) may remain in place when not in use if located on private property; dining equipment, if stored, may not be stored in an area visible from the public right-of-way or from any plaza area.

(f) Live entertainment, television monitors, screens, dancing, pool tables, billiard tables, adult entertainment uses, and cover charges are prohibited in the outdoor dining area.

(g) Food trucks are permitted with an approved conditional use permit pursuant to division 7 of article V.

(h) Outdoor dining shall comply with the sound level limits of the associated eating establishment in accordance with San Fernando Municipal Code chapter 34 article II.

(i) All forms of vaping, smoking and the use of tobacco products in the outdoor dining area shall comply with San Fernando Municipal Code chapter 23.

(j) Outdoor cooking is permitted in an outdoor dining area in compliance with the LA County Health Department, CA Building Code and City of LA Fire Code.

(k) Establishments which propose to serve alcoholic beverages in the outdoor dining area shall comply with the standards established by the California Department of Alcoholic Beverage Control and shall update their approvals from said department to include the new outdoor dining area if necessary. The outdoor dining area shall be:

(1) Physically defined and clearly part of the establishment it serves as an accessory use to; and

(2) Supervised by a restaurant employee to ensure compliance with laws regarding the on-site consumption of alcoholic beverages.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Violations of the outdoor dining area standards may result in enforcement actions up to and including revocation of said permit and termination of use.

(b) A violation of this division is subject to the administrative citation provisions subject to chapter 1 article III of this Code.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)