Chapter 17.32 — OUTDOOR DINING AND SEATING

This chapter establishes regulations for outdoor dining and seating located on private property and on sidewalks within the public right-of-way. These regulations are intended to:

• A. Assist applicants with the design and management of their outdoor dining areas;

• B. Encourage outdoor dining;

• C. Ensure that the space used for outdoor dining will at all times serve a public purpose and allow for adequate pedestrian circulation;

• D. Preserve and enhance the character of neighborhoods through the City and to protect the adjacent residential areas;

• E. Simplify administrative procedures and strengthen enforcement procedures for outdoor dining areas that are effective, efficient, and enforceable; and

• F. Ensure that safety and security measures are in place for outdoor dining areas.

This chapter applies to all outdoor dining areas as defined in Part 7 (Definitions).

• A. Outdoor dining areas require the approval of an Administrative Use Permit, unless the primary use requires a Conditional Use Permit for which the outdoor dining area shall also require a Conditional Use Permit. Approval of an Administrative or Conditional Use Permit shall not be construed as meeting City requirements for starting a new business, or expanding an existing business to provide new services. Refer to Part 5 (Land Use and Development Approval Procedures) of the Zoning Ordinance for permit application procedures.

• B. Business owners must also secure all other appropriate licenses and permits from the Health Department, Alcoholic Beverage Control Board, and the Development Services Department.

• C. To approve an Administrative Use Permit for an outdoor dining area, the Development Services Director must find that the following findings can be made in addition to the findings required for all Administrative Use Permits:

  1. The proposed outdoor dining area will not unreasonably interfere with pedestrian traffic or access.

  2. The proposed outdoor dining area will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, or other matters affecting the public health, safety, welfare, or convenience.

• D. Conditions of Approval. The Development Services Director or designee may attach conditions to the approval of an outdoor dining area as needed to ensure compliance with the Zoning Ordinance, other City ordinances, the General Plan, and any other applicable community or specific plan.

Outdoor dining areas are a permitted use to establishments that provide preparation and retail sale of food and beverages in the commercial, industrial, and mixed-use districts.

• A. Temporary, take out (unless ancillary to main use; i.e., 10 percent of building), catering, mobile, and/or freestanding food service providers are not eligible under these provisions for any outdoor dining area.

• B. Outdoor cooking is prohibited except where authorized by a temporary use permit.

Outdoor dining areas shall comply with the following standards.

• A. Site Standards.

  1. The outdoor dining area shall be clearly separated and delineated from the public or pedestrian walkway and maintain a horizontal 4-foot unobstructed clearance area for pedestrian traffic.

  2. If any portion of the outdoor dining area is to be located within a public right-of-way, an encroachment permit shall be obtained before approval of an administrative use permit for the outdoor dining area.

• B. Design Standards.

  1. Design materials and colors used for chairs, tables, lighting and other fixtures, including umbrellas and awnings, shall be compatible with the overall architectural style and colors used on the adjacent building façades, are subject to approval of the Development Services Director, and must adhere to all approved design guidelines for the area. The use of awnings, plants, umbrellas, and other human-scale elements is encouraged to enhance the pedestrian experience.

  2. The use of retractable fire-resistant awnings are required to maintain a minimum unobstructed vertical clearance of 8 feet above sidewalk level, and shall provide coverage of the dining area only. A horizontal 4-foot unobstructed clearance shall be maintained for the pedestrian walkway.

  3. All outdoor lighting shall be installed to prevent glare to pedestrians or vehicle drivers along the street and public walkway and should illuminate only the outdoor dining area. An electrical permit shall be issued by the city prior to installation of outdoor lighting.

  4. The outdoor dining area may be defined by placement of portable fencing or other suitable dividers. The maximum height of a divider or fencing shall be 4 feet; glass or fully transparent enclosures may be permitted up to 6 feet. All fencing, dividers, and obstructions shall be reviewed and approved by the Development Services Director and shall adhere to all approved design guidelines for the area.

  5. There shall be no modification of the surface of a public walkway.

  6. The outdoor dining area shall not extend beyond the boundaries of the abutting property unless an encroachment permit is secured first, and shall not be located in a manner that interferes with visibility or mobility of vehicular or pedestrian users.

• C. Performance Standards.

  1. The outdoor dining area shall be continuously supervised for proper operation by management or employees.

  2. All areas in and around the outdoor dining area must be cleaned (swept and mopped) daily at the close of the business day.

  3. The hours of operation for all outdoor dining shall be limited to the hours of operation for the associated eating establishment.

  4. All plans and permits for the outdoor dining area approved by the City must be kept on the premises for public inspection at all times the establishment is open for business.

5. Unamplified musical instruments are permitted in the outdoor dining area, but shall be maintained at a volume so as not to unreasonably intrude on neighboring businesses or residences or exceed the limits set by the City's noise ordinance. Outdoor music will not be permitted past the hour of 10:00 p.m.

   6. Outdoor dining areas shall be operated in a manner that meets all requirements of the health department of San Bernardino County and all other applicable regulations, laws, ordinances, or standards.