Chapter 24.477

STANDARDS FOR OUTDOOR DINING USES IN PUBLIC RIGHT-OF-WAY*

Sections:

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

• 24.477.010 Chapter Description. 24.477.020 Outdoor Dining Uses in the Public Right-of-Way Defined. 24.477.030 Applicability of Outdoor Dining Uses in the Public Right-of-Way Use Standards. 24.477.040 Required Standards. 24.477.050 Rental Fee. 24.477.060 Applications.

*** Cross reference:** Business regulations, div. 6.

This chapter establishes development and operational standards for the review of outdoor dining uses in the public right-of-way in commercial, industrial or parks zones. (Code 1971, § 15.677.010)

“Outdoor Dining Uses in the Public Right-of-Way” means any uses classified within the Dining Establishments: Full Service use type which have areas in or on a public right-of-way. (Code 1971, § 15.677.020)

No person may establish an Outdoor Dining Use in the Public Right-of-Way unless a director’s permit is first approved therefor pursuant to chapter 24.505. The standards set forth in section 24.477.040 shall apply to the operation, development, or use of any proposed or existing Outdoor Dining Use in the Public Right-of-Way and to any expansion of, or change to, a proposed or existing Outdoor Dining Use in the Public Right-of-Way that is commenced in a commercial, industrial or parks zone pursuant to a director’s permit on or after (the effective date of this chapter). (Code 1971, § 15.677.030)

No director’s permit for an Outdoor Dining Use in the Public Right-of-Way may be approved unless all of the following development and operational standards are met in addition to the findings and requirements of chapter 24.505:

1. No director’s permit for an Outdoor Dining Use in the Public Right-of-Way may be approved for a proposed use in a street or alley.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

2. To provide for adequate pedestrian circulation, outdoor dining uses in the public right-of-way shall maintain a minimum of four feet of clearance between dining furnishings and any curbline, street furniture or above ground utilities. A minimum of 50 feet of clearance, shall be maintained between dining furnishings and the centerline of intersecting perpendicular driveways, alleys or streets to provide for adequate vehicle sight, unless a lesser distance is determined by the director to be adequate for the protection of the public safety.

3. Outdoor dining uses in the public right-of-way shall not be required to provide any additional parking spaces for their outdoor dining area.

4. Tables and chairs used for outdoor dining shall be of substantial materials. Tables shall be a maximum of three feet in diameter if round and three feet along the longest side if rectilinear. All such furnishings shall be stored indoors after hours of operation.

5. In addition to whatever signage may be permitted for the Dining Establishment use by the sign ordinance, and notwithstanding any provisions of chapter 24.420 to the contrary, one portable sign, such as a menu board/ chalk board or “A” board sign shall be permitted, provided that said sign is attractively designed, maintains adequate pedestrian and vehicle sight clearance per subsection 2 of this section, does not block the visibility of display windows or signage of any adjacent business, is stored indoors after hours of operation, and is limited to no more than ten square feet in area. Additional signage on umbrellas may also be permitted. The director shall have design review authority for signs used in conjunction with outdoor dining uses and shall carry out such design review authority in conjunction with the overall review of the outdoor dining use pursuant to chapter 24.505.

6. No outdoor dining use in the public right-of-way, including furnishings and signs, shall block visibility of display windows or signage of adjacent businesses, unless written consent of any affected adjacent business owner to block visibility is obtained by the applicant and provided to the director.

7. The outdoor dining use operator shall maintain the outdoor dining area in a clean and safe condition at all times, including properly disposing of all trash generated by the operation.

8. Approval of a director’s permit for outdoor dining in the public right-of-way shall be valid for an initial one year period. Permittees may apply for an unlimited term permit renewal, unless a limited term is deemed appropriate by the director. Applications and renewals shall be subject to an application fee of $50.00, or fee as may otherwise subsequently be set by amendment of city council Resolution No. 92-44, to include a separate fee for outdoor dining uses in the public right-of-way.

9. The outdoor dining use operator shall provide an executed city hold harmless waiver and proof of liability insurance to the satisfaction of the city risk manager. (Code 1971, § 15.677.040)

The city council may further adopt a public right-of-way rental fee by resolution. (Code 1971, § 15.677.050)

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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Division 24 Zoning Regulations | San Buenaventura Coastal Zoning Code

Applications for a director’s permit for an outdoor dining use in the public right-of-way shall be filed by the operator of the dining use, or by an agent, trustee or attorney for the operator, pursuant to the provisions of section 24.500.030 and chapter 24.505. (Code 1971, § 15.677.060)