Chapter 27.87 — OUTDOOR RESTAURANT SEATING AND MERCHANDISE DISPLAY

The purpose of this chapter is to regulate the use of public sidewalks for restaurant seating and the use of private property for outdoor display of merchandise accessory to existing businesses. This chapter is not intended to regulate outdoor restaurant seating on private property or the use of public right-of-way for street fairs or other events otherwise regulated under Section 17.08.120 of the Municipal Code.

(a) Restaurant Seating on Public Sidewalks. Restaurant seating located on public sidewalks (in the public right-of-way) are allowed in all zoning districts for legally permitted restaurants, subject to meeting the development standards and conditions listed below and approval of an encroachment permit from the Department of Public Works. Nothing is intended to prevent the placement of conditions on the encroachment permit as deemed appropriate.

(b) Outdoor Merchandise Display. Outdoor display of merchandise accessory to an existing business which occupies a building is permitted on private property in Neighborhood Commercial (C1) and Central Business (CBD) Districts. Such display is not permitted in the public right-ofway.

(a) Restaurant Seating. Restaurant seating located on public sidewalks must meet the following standards and conditions of use:

(1) Clearance. The physical extent of the seating encroachment must be located so as to permanently maintain a minimum sidewalk pedestrian through zone of four (4) feet, free and clear between: (A) the outer boundary of the seating area and any physical obstruction, such as light standards, parking meters, news racks, trees, curb or other barrier; and (B) the entryways or display window of adjacent businesses, unless authorized by the adjacent business.

(2) Physical Delineation of Seating Area. The physical extent of the seating encroachment may be clearly delineated by physical means, which, if either required or voluntarily placed, shall be approved as part of the encroachment permit and designed to be decorative, durable, removable and minimize tripping hazards.

(3) Other Limitations. Tables, seating and any approved physical barriers to delineate the seating area are the only items permitted to be located on the sidewalk. These items shall be removed from the public sidewalk at the close of business each day. Other items, such as busing stations, are not permitted on public sidewalks.

(4) Liability Insurance. Applicants for restaurant seating on the public sidewalk shall provide liability insurance providing endorsements showing the City of San Mateo as additional insured on the policy, in an amount determined by the City Attorney's office. Encroachment permits issued under authority of this chapter shall be valid only during the term of liability insurance coverage.

(5) Site Maintenance. Sidewalk seating areas shall be maintained free of litter, refuse and debris. The area shall be scrubbed and mopped to remove any food or drink stains on a daily basis. Such cleaning shall be performed in accordance with the City's Stormwater Management and Discharge Control Program, which prohibits any discharge other than stormwater into the

stormwater drainage system. The applicant shall post maintenance security in a form and amount determined upon issuance of the encroachment permit. Failure to maintain the site shall be cause for termination of the encroachment permit.

(6) Encroachment Fee. The applicant shall pay an annual fee in the amount set forth in the Comprehensive Fee Schedule.

(b) Merchandise Display. Merchandise display on private property must meet the following standards:

(1) Private Property. Outdoor merchandise display shall be maintained completely on private property in the immediate vicinity of the store entryway, such as in recessed entryways or along storefronts.

(2) Accessibility. Merchandise display areas shall maintain accessibility requirements for the disabled.

(Ord. No. 2012-4 § 5; Ord. No. 1994-24 § 1.)

Cross References Section 17.08.020(j)

Off-street parking and loading shall not be required for: (1) outdoor restaurant seating in the public right-of-way; and (2) outdoor merchandise display on private property.