Chapter 16.090 — INCIDENTAL OUTDOOR USES

The intent of this chapter is to provide for incidental outdoor uses connected to and operated in conjunction with permanent commercial uses located inside adjacent buildings, provided that such uses complement existing storefronts and do not require the construction of new doorways or other significant exterior changes to existing commercial buildings or pavement, and are compatible with and have no adverse effect on surrounding development. Creativity in the design of outdoor uses is encouraged and the quality, character and design of all items placed outside should contribute in a positive way to the visual appearance of the community.

The provisions of this chapter are applicable to outdoor uses located on or adjacent to public sidewalks as well as privately owned walkways in shopping centers and pedestrian arcades. (08-05)

Notwithstanding any other provisions of Chapters 16.051 through 16.097 , the following incidental outdoor uses may be permitted in all Commercial Districts subject to the provisions of this chapter:

• A. Incidental outdoor displays.

• B. Outdoor seating.

• C. Sidewalk sales. (08-05)

All outdoor uses permitted by this chapter shall be subject to the following standards:

• A. A minimum two-foot clear space shall be maintained from the edge of the street curb or parking area.

• B. A minimum five-foot wide continuous path, not including the required two-foot clear space from street curb or parking area, shall be maintained for pedestrian traffic. Such path shall have a vertical clearance of not less than eight feet above the surface of the path. For a sidewalk sale, the width of the path may be reduced to four feet with the approval of staff.

• C. All outdoor use areas shall be continuously supervised by management or employees of the business to which they are connected to ensure required pathways are kept clear.

• D. All outside use areas shall be maintained in a clean and safe manner.

• E. All items placed outside shall be maintained in good repair, and no item may be hazardous to pedestrian or vehicular traffic, or extend into the safe line-of-sight distances at intersections, as determined by the City Engineer.

• F. All entrances and emergency exits shall be kept clear.

• G. No items may be placed on turf or other planted areas.

• H. Outdoor uses shall not extend beyond the boundaries of a business' street frontage.

• I. No item placed outside shall have a vertical height of more than six feet above the surface of the sidewalk, except as specifically approved by staff.

• J. All items placed outside shall be removed each evening, unless otherwise approved by staff.

• K. All signing must comply with Title 18 of this Code.

• L. If an outdoor use is to be located on private property, the business owner shall obtain prior authorization from the owner or management company of such property.

• M. If an outdoor use is to be located within the public right-of-way, the business owner shall first obtain an encroachment permit from the City Engineer, and provide the City with a certificate of insurance of general commercial liability insurance for an amount as required by the Director, naming the City as an additional insured. Such insurance shall be placed with a company satisfactory to the Director.

• N. No services shall be provided outdoors in conjunction with any outdoor use, except for table service of food in conjunction with approved outdoor seating.

• O. No outdoor storage shall be permitted in conjunction with any outdoor use. (08-05)

All outdoor displays shall be subject to the above general standards and the following additional standards:

• A. Displays of more than six square feet require approval of a special outdoor use permit pursuant to Chapter 16.330 .

• B. Display items are limited to merchandise sold by the business or decorative items which are related to or complement the goods and services sold or provided by the business.

• C. All items shall be placed adjacent to the building. The placement of items on private property is encouraged. If displays extend into the public right-of-way, they shall not encroach into the right-of-way more than 24 inches.

• D. No display may significantly obstruct the view of any display window.

• E. All sales transactions shall occur inside the building to which the outdoor use is appurtenant.

• F. Outdoor displays shall not require additional parking beyond that which is otherwise required for the permanent use. (08-05)

All outdoor seating shall be subject to the above general standards and the following additional standards:

• A. Incidental outdoor seating may be permitted in connection with a permitted business or in a common area of a shopping center or pedestrian arcade subject to the standards of this section. All outdoor seating shall require a special outdoor use permit approved pursuant to Chapter 16.330 or a conditional use permit approved pursuant to Chapter 16.303 . Outdoor seating may include tables if provided in connection with a retail food or restaurant business.

• B. With a special outdoor use permit, a business may only have more than a single row of tables parallel to the building frontage if there is adequate space and the proposed seating plans have been approved by the Community Development Director or his/her/their designee. Approved seating areas may not be separated from the public right-of-way or pedestrian walkway by a fence, wall or other structure, except if seating is located in a common open area of a shopping center or pedestrian mall.

• C. With a conditional use permit, a business may have a private patio dining area separated from the public right-of-way or pedestrian walkway by a fence, wall or other structure.

• D. All tables and chairs shall be of sturdy construction, made of good quality materials, and designed to complement the character of the streetscape.

• E. No parking shall be required for outdoor seating subject to the following restrictions:

  1. If the outdoor seating is connected to a retail food business, outdoor seating shall be for no more than 12 persons;

2. If the outdoor seating is connected to a restaurant which has an indoor dining area, the outdoor seating shall be for no more than 20 persons. However, before approving outdoor seating for more than 10 persons, the City may conduct a parking review. As part of the parking review, the City may require the business to provide a plan for employee parking; or

3. If outdoor seating is in a common area of a shopping center or pedestrian mall, the outdoor seating is for general use and is not restricted to a single business, and the City determines that the proposed seating will not adversely impact parking for surrounding development, the outdoor seating shall be limited as determined appropriate by staff.

All outdoor seating which exceeds that as specified above or which otherwise does not meet the above restrictions shall be subject to standard parking requirements.

(08-05; 12-01; 23-04)

All sidewalk sales shall be subject to the general standards for incidental outdoor uses and the following additional standards:

• A. A sidewalk sale shall be conducted only by the business(es) located within the building which fronts the right-of-way or property where such sale is to be located.

• B. A retail business is permitted up to 12 sidewalk sale days per year provided the sale events comply with all applicable standards. The 12 sale days may be consecutive or spread throughout the calendar year.

• C. The City may prohibit sales at certain times. At least 10 days prior to having a sidewalk sale, or before advertising for a sidewalk sale, a business owner shall obtain approval of date(s) from staff. The City may prohibit a sale event at certain times to prevent a conflict with community events, filming, street or sidewalk repairs, utility repairs, other special events, or an excessive number of sidewalk sales in very close proximity to each other on the same dates.

• D. No sidewalk sale permitted pursuant to this chapter shall extend into any parking area, except if the sale occurs before 8:00 a.m. or after 6:00 p.m., and if staff determines that the use of the parking area is necessary for the sale to occur and the event will not impact other businesses or City operations. (The use of a parking area after 8:00 a.m. and before 6:00 p.m. shall require a special use and development permit pursuant to Chapter 16.306 or a special event permit pursuant to Chapter 12.42 , as applicable.)

E. Sidewalk sales shall not be subject to parking requirements. (08-05)

All violations of this chapter are punishable as provided in Chapter 16.406 , Violations and Enforcement. (08-05)