San Luis Obispo Municipal Code Ch. 5.50 Sidewalk Cafes

This chapter is intended to provide opportunities for properly licensed and permitted restaurants, coffee shops and bakeries to offer outdoor dining on public sidewalks, in a manner compatible with pedestrian traffic and surrounding uses, in commercial zones where such uses are allowed. (Ord. 1539 § 2, 2010)

A. A sidewalk cafe permit allows outdoor dining service in the public right-of-way, including the placement of chairs, tables, awnings, and umbrellas. A removable barrier between the path of travel and the outdoor dining area shall be required. Applications for a revocable permit for sidewalk cafes shall be made to the community development department.

B. A table and chairs permit allows for the temporary placement of chairs and tables on the sidewalk in conjunction with a restaurant or other food/beverage service. No barriers or other fixed items are allowed on the sidewalk. Alcoholic beverages shall not be allowed. All items must be removed at close of business. Applications for a revocable permit for a table and chairs permit shall be made to the community development department and shall be valid for one year from date of issuance.

C. An encroachment permit shall be required pursuant to Chapter 12.04. (Ord. 1716 § 3, 2022; Ord. 1539 § 2, 2010)

At the community development director’s discretion, development review may be required pursuant to Chapter 17.106. (Ord. 1716 § 3, 2022; Ord. 1539 § 2, 2010)

Applications shall be made jointly by the business operator requesting use of a sidewalk area for outdoor dining and the property owner(s) of the building in which the business is located. Such application shall be accompanied by:

A. Signed consent of business owner(s) and property owner(s);

B. Proof of liability insurance, meeting city standards, which names the city as additionally insured for the term of the permit to the approval of the city risk manager;

C. A liability release agreement wherein the recipient(s) of the permit agree to defend and hold the city harmless from claims or liability arising from the operation of such sidewalk cafe;

D. A detailed site plan, drawn to scale, noting dimensions of the area proposed for outdoor dining; the proposed number and location of tables, chairs and other furnishings to be included in the dining area; the relationship of the outdoor dining area to the indoor dining area; and all sidewalk obstructions in the vicinity;

E. A detailed description of the type, color, and material of all proposed outdoor furniture, such as tables, chairs, barriers, planters, umbrellas, signs, and lighting;

F. An explanation of how any required additional parking will be provided;

G. A statement of proposed hours of operation; and any other information deemed necessary by the community development or public works directors. (Ord. 1716 § 3, 2022; Ord. 1539 § 2, 2010)

A. Sidewalk Cafe. In addition to application fees for administrative approval, the applicant(s) shall pay an annual sidewalk use fee. Encroachment permit fees shall be waived for the sidewalk cafe installation unless public improvements are proposed. If the sidewalk dining installation includes physical changes to an existing building, fees for development review may be required. If improvements are proposed to the existing sidewalk, including widening, sidewalk repaving, or any demolition or relocation of public property, an encroachment permit and associated public works inspection fees shall apply. Additional parking spaces or in-lieu fees for parking may be required. Fees shall be as adopted by resolution of the city council.

B. Tables and Chairs Permit. The applicant(s) shall pay an annual tables and chairs use fee. Additional parking spaces or in-lieu fees for parking may be required. Fees shall be as adopted by resolution of the city council. Encroachment permit fees shall be waived unless public improvements, such as sidewalk widening or other public improvements, are proposed. (Ord. 1716 § 3, 2022; Ord. 1539 § 2, 2010)

Public noticing and review procedures shall be the same as those required for an administrative review. (Ord. 1716 § 3, 2022; Ord. 1539 § 2, 2010)

Outdoor dining or the placement of tables and chairs must be within the frontage of an existing or proposed restaurant, coffee shop, or bakery approved for on-premises seating and incidental to the operation of that restaurant. (Ord. 1716 § 3, 2022; Ord. 1539 § 2, 2010)

Sidewalk cafes and table and chairs permits must conform to the design standards set forth in Chapter 3, Design Guidelines, of the Outdoor Dining Guide as adopted by Resolution No. 11344 (2022 Series). (Ord. 1716 § 3, 2022)

Sidewalk cafes and table and chairs permits must conform to the operational standards set forth in Chapter 4, Operating Requirements for Outdoor Dining, of the Outdoor Dining Guide as adopted by Resolution No. 11344 (2022 Series). (Ord. 1716 § 3, 2022; Ord. 1539 § 2, 2010. Formerly 5.50.045)

A sidewalk cafe or table and chairs permit will be for an unlimited term, unless a limited or probationary term is deemed appropriate by the community development director where potential conflicts with other uses require operational evaluation. The permit shall automatically expire upon expiration of the business tax certificate or upon failure to pay the required annual use fee. Operators wishing to renew an expired permit shall submit a new application with appropriate fees. Permits may be transferred to new business owners at the same property location subject to city approval of a new application reflecting new ownership. (Ord. 1716 § 3, 2022; Ord. 1539 § 2, 2010. Formerly 5.50.050)

The community development director shall deny the sidewalk cafe permit or table and chairs permit if the operation will not meet provisions of this chapter or will otherwise create unresolvable conflicts with public facilities. (Ord. 1716 § 3, 2022; Ord. 1539 § 2, 2010. Formerly 5.50.055)

A. The city retains the right to revoke or suspend the permit upon twenty-four hours’ written notice to the sidewalk cafe operator for any cause, regardless of conformance with these provisions. Situations that may merit suspension or revocation include, but are not limited to:

1. Emergencies, parades, necessary construction or maintenance, at the discretion of the public works director;

2. Suspension, revocation, or cancellation of any necessary health permit(s);

3. Incorrect or inadequate insurance coverage; or

4. Failure to comply with conditions of permit approval.

B. Within twenty-four hours of receipt of written notice of revocation or suspension, regardless of any appeal of the action, the operation shall cease and the sidewalk cafe operator shall restore the sidewalk to the condition existing prior to the placement of outdoor dining facilities or to some other condition acceptable to the public works director.

C. The city retains the right to immediately revoke, suspend or modify the permit if:

1. Under a state of emergency the sidewalk use may affect the health, safety or welfare of the general public as determined by the public works director, police chief or fire chief;

2. Failure to comply with certain conditions of the permit for sidewalk use is determined to constitute a health, safety or welfare hazard to the general public as determined by the public works director, police chief or fire chief.

D. If pursuant to the above requirements, sidewalks are not restored to order in the time specified by the city, the city may remove any and all facilities installed within the right-of-way. Reimbursement of city costs for said removal shall be the responsibility of the sidewalk permit holder. (Ord. 1716 § 3, 2022; Ord. 1539 § 2, 2010. Formerly 5.50.060)

Decisions of the community development director to approve, deny, revoke or suspend a sidewalk cafe permit, or a table and chairs permit, may be appealed to the planning commission for final decision. (Ord. 1716 § 3, 2022; Ord. 1539 § 2, 2010. Formerly 5.50.065)