(A)   Permitted uses. Accessory buildings may be permitted where uses of such buildings are incidental and subordinate and do not alter the character of the premises in respect to permitted usage in that district.

   (B)   Attached. Attached accessory buildings shall be made structurally a part of and have a common wall or roof with the main building and shall be allowed in all districts and shall provide and maintain the same yard setbacks as the main building.

(Ord. 533, passed 8-16-2005)

   (A)   Swimming pools in any residential district shall be constructed in the rear one-half of the lot or 50 feet from the front property line, whichever is the lesser. Filter and heating systems for such pools shall be a minimum of five feet from property lines. No pool shall be located closer than five feet to any side lot line and any rear lot line. No pool shall occupy over 40% of the required rear yard.

   (B)   Coverage by a swimming pool should not be considered in measuring maximum lot coverage. The swimming pool shall be completely surrounded by a fence and provided with gates and locks consistent with state building and safety codes.

(Ord. 533, passed 8-16-2005)

   (A)   Fences. Fences are permissible for all residential districts and are mandatory for other specific uses and shall be erected as required in this section.

   (B)   Prohibited materials.

      1.   Electrical. No electrically charged fences shall be permitted in the city.

      2.   Barbed wire. No barbed wire or other sharp pointed material shall be used in the construction of a fence unless the Planning Director or the Planning Commission gives approval. Industrial and commercial districts permit fencing up to seven feet in height with the top one foot composed of three-strand barbed wire. When security fencing is required, it should be a combination of solid pillars, or short solid wall segments, and wrought iron grillwork.

      3.   Wrought iron. No wrought iron containing sharp pointed material shall be used for either fencing or window coverings in any residential district.

   (C)   Public enclosures. Fences that enclose school grounds, public playgrounds, tennis courts, public swimming pools or other public areas may be erected to a height in excess of six feet.

   (D)   Building permit/inspection. The following fences shall require a building permit and/or inspection as appropriate for compliance with adopted fencing specifications:

      1.   All masonry and brick fences and walls above six feet; and

      2.   All fences that incorporate electrical wiring.

   (E)   Approved materials.

      1.   Residential fences will be constructed of wood, masonry block, brick, stucco, vinyl and any combination of these materials or other approved materials as is encouraged in the city design guide. Redwood is highly encouraged. Cyclone fencing is discouraged.

      2.   Sound walls will be constructed of masonry block, brick, stucco and any combination of these materials or other approved materials as is encouraged in the city design guide. Redwood is highly encouraged. Cyclone and vinyl fencing are discouraged. All masonry walls shall be provided with a decorative capping material.

   (F)   Permit/agreement. An encroachment permit and hold harmless agreement shall be required to permit installation of fences, subject to city code, within the street right-of-way.

   (G)   Nonconforming. The city shall reserve the right to abate any nonconforming nuisance fence by city code. The property owner will incur all costs and responsibilities of fence removal.

   (H)   Fire hydrant. A minimum three-foot clear space shall be maintained around the circumference of a fire hydrant except as otherwise required or approved by the Fire Chief.

   (I)   Fence site plan. All proposed construction of subdivision, commercial or industrial fences shall require submittal of a fence site plan. That plan shall identify the fencing’s location, height, composition, relationship to other structures, fencing and landscaping. Uniform fencing materials shall be used in subdivisions where possible.

   (J)   Residential. In all residential districts (R-E, R-1, R-2 and R-3) the requirements for fences and hedges are as follows.

      1.   Front yards. Maximum height above grade shall not exceed 36 inches except that the fence may be erected to a maximum height of 48 inches for residences, or 72 inches for nonresidential uses that are permitted or conditionally permitted in residential districts, provided that any fence which exceeds 36 inches is uniformly open to the extent of 33-1/3%. UNIFORMLY OPEN shall be construed to mean that the interstices between the solid material of the fence are evenly spaced so as to make vision through the fence possible.

      2.   Rear yards. Maximum height shall be six feet above grade.

      3.   Side yards. Maximum height shall be six feet above grade.

      4.   Adjacent to major street. A minimum six foot solid decorative masonry fence may be required for residential lots that are adjacent to a major street.

      5.   Exceptions.

         (a)   Corner lots. On corner lots which are not reversed corner lots, no fence or hedge exceeding 36 inches in height shall be permitted closer than five feet behind sidewalk or along side street lot line, whichever is greater.

         (b)   Reversed corner lots. On reversed corner lots, no fence or hedge exceeding 36 inches in height shall be permitted closer than 20 feet to the side street lot line.

   (K)   Corner lot.

      1.   On a corner lot or reversed corner lot in any district, no fence shall be erected or plants permitted to grow in such a manner as to materially impede vision between the height of two and one-half feet and ten feet above the centerline grades in the sight distance area.

      2.   No fence, hedge, wall or obstruction three feet in height shall be erected within the “vision triangle” of a corner lot created by measuring the appropriate distance, set forth as follows: 20 feet along the front street property line and 20 feet from the side street property line starting from the point at which the front street property line intersects the side street property line. “Vision triangle” requirements will also apply to rear street side property lines.

   (L)   Nonresidential. The development of any property fence of a nonresidential nature in a C-1, DTC, C-2, C-3, M-1 or M-2 District shall include a minimum six-foot masonry or other fence or wall along the rear and side property lines which abuts property zoned for residential purposes.

   (M)   Industrial/commercial. A seven-foot decorative heavy masonry wall or fence shall be required for industrial and commercial districts that are adjacent to major streets and expressways, or to separate delivery areas from residential or school uses.

   (N)   Landscaping. Fences, walls and hedges may be incorporated with landscaped mounds to meet height requirements contained within this chapter.

   (O)   Diagram. Diagram depicting fencing regulations, is as follows:

   Figure 1: Diagram Depicting Fence Regulations

(Ord. 533, passed 8-16-2005; Ord. 600, passed 3-19-2013)

   (A)   Use permit. Chimneys, flagpoles, monuments, gas storage holders, radio or other towers, water tanks and other similar structures and mechanical apparatus may be permitted in excess of the maximum height limit allowed in the district in which they are located, provided site plan/design review approval is first secured in each case.

   (B)   Television antennas. Conventional television antennas, not exceeding 40 feet in height above grade level, are permitted in residential districts.

(Ord. 533, passed 8-16-2005)

   (A)   Any front yard or side yard facing a public right-of-way of any new single-family dwelling or two-family dwelling shall be landscaped in accordance with the water efficient landscaping and irrigation standards set forth in Title 9, Chapter 11 of this code.

   (B)   All commercial development and retail establishments shall require a ten-foot perimeter of landscaping along property lines, including front, side and rear yard setbacks, and along street frontages, and shall be subject to a site plan/design review. All landscape plans shall comply with Title 9, Chapter 11 of this code. Said areas shall be planted with substantial plantings that include a mix of shrubs, evergreens and deciduous tree varieties (reference § 9-11-3 of this code). Landscaped areas shall be well maintained in good condition.

   (C)   Where new residential development is proposed that adjoins existing commercial or industrial development, the residential developer shall be required to provide an appropriate architectural transition. This transition may include such provisions as building setbacks, landscaping and masonry walls.

   (D)   All new residential development shall include a ten-foot landscaped meandering parkway adjacent to the street curb where public right-of-way and lot design allows.

   (E)   Landscaping in all commercial and industrial areas shall be used to define areas such as entrances to buildings and parking lots and edges of various land uses, provide a transition between neighboring properties, and provide screening for outdoor storage, loading and equipment areas.

   (F)   Landscaping shall be in scale with adjacent buildings and be of appropriate size at maturity to accomplish its intended purpose.

   (G)   Portions of a site not utilized for structures, parking, circulation, storage or other uses, shall be landscaped.

   (H)   Parking lots shall incorporate landscaping for all areas not used for vehicle storage, access or circulation.

   (I)   The planting of street trees for existing and new residential, commercial and industrial development is encouraged.

   (J)   All roadway medians shall be landscaped.

   (K)   Landscape plans shall comply with applicable provisions of the city’s design guide.

(Ord. 533, passed 8-16-2005)

   (A)   General regulations. Accessible off-street parking and loading areas shall be provided and maintained, as set forth in this title, to provide minimum parking and maneuvering room for automobiles and for pedestrian safety based upon the anticipated occupancy of a given building, structure or area of land.

      1.   When any building or structure, except any accessory building, is erected, enlarged or increased in capacity, minimum off-street parking space shall be provided as required by this title.

      2.   When a change in use creates an increase in the amount of parking required, additional parking space shall be provided, or an in lieu fee paid or other arrangement made with the city.

      3.   Parking spaces and access driveways shall be graded and drained in accordance with city standards to alleviate the creation of flooding and drainage problems for the subject property.

      4.   Parking spaces and access driveways shall be surfaced in accordance with city standards to eliminate dust and maintain a passable surface at all times.

      5.   Posts, bumpers, wheel stops or other acceptable devices shall be provided on all parking spaces located along property lines.

      6.   Whenever a parking area is lighted, such lighting shall be directed away from residential areas and public streets so as not to produce a glare in order to ensure the privacy and well being of residential areas and safety of vehicular traffic.

      7.   Parking areas in front or side yards will not exceed 20 feet in width.

      8.   No sale, storage, repair work, dismantling or servicing of any kind shall be permitted in required parking spaces.

      9.   Inoperable vehicles shall be prohibited to park in the front yard of any residential district. All parked vehicles shall be licensed and operable.

      10.   Parking areas of commercial or industrial districts shall be fenced along property lines when abutting residential districts by a solid masonry or other solid material fence. The height of said fence shall be a minimum of six feet, or a lesser height as approved by the Planning Commission.

      11.   Within residential districts, covered or enclosed parking spaces may be converted for living purposes, provided covered replacement parking is made available.

      12.   Parking shall be provided within a reasonable distance from the dwelling unit the parking is intended to serve in multiple-family residential districts.

      13.   Adequate off-street parking shall be required of all commercial and industrial land uses to accommodate parking demand, without the use of on street parking. Parking shall be provided within a reasonable distance from the building the parking is intended to serve.

      14.   Parking lots shall be screened from public streets and visually subordinate to the development.

      15.   Parking standards shall be evaluated for new downtown development to ensure that parking requirements are satisfied within walking distance of development.

      16.   Parking standards shall be evaluated to assess the potential for offering reduced parking requirements to development that incorporates measures proven to reduce commute or customer trips.

      17.   Driveway encroachments shall be limited to one per residential lot, with a maximum width per the city’s development standards specifications. Residential driveway encroachments shall form a direct route from the street to a garage or other acceptable parking space.

      18.   All residential parking shall be limited to a paved driveway serving the garage. There shall be no parking on any unpaved area of the front yard setback.

      19.   There shall be a maximum 50% paving of front yard setback.

   (B)   Screening and landscaping. All parking areas having four or more spaces shall be provided with screening and landscaping along all street side property lines not occupied by driveways. The following standards shall apply:

      1.   A planter not less than 36 inches in width provided with an acceptable irrigation system and planted with evergreen shrubs;

      2.   A screen 36 inches in height of either solid or uniformly open materials, with evergreen plants, decorative woods or other materials; and

      3.   One minimum size 15 gallon tree shall be provided for every four parking spaces and shall be provided with a means of irrigation and maintained in a living condition.

   (C)   Parking area standards. All parking areas shall comply with the standards provided below. Unless otherwise noted, all figures are per square foot of gross building floor area, and shall include areas devoted to hallways, mechanical rooms, storage rooms, restrooms and the like. Where more than one use is proposed from a site or facility, the on site parking requirement shall be the sum of each use activity.

      1.   Parking area standards. All parking areas shall comply with the standards provided below:

   Figure 2: Parking Standards

 

   Figure 3: Parking Layout

   90 Degree Parking Layout

      2.   Bumpers. Where bumpers overhang planters on raised walkways, the depth of parking stalls may be reduced by two feet to 18 feet.

   x = Stall not accessible in certain layouts

      3.   Parking layout dimension. Parking layout dimension (in feet) for eight feet six-inch stalls at various angles.

 

      4.   Off-street parking requirements.

 

   (D)   Uses not specified. Where the off-street parking requirements for a use are not specifically defined herein, the Planning Commission shall determine the minimum requirements for such use.

   (E)   In lieu payments for off-street parking. The minimum off-street parking spaces required in all commercial districts may be satisfied in whole or in part by obtaining approval from the City Council under the following conditions.

      1.   Applications for in lieu parking spaces shall be approved by the City Council. Approval shall be determined by availability and need.

      2.   In lieu of furnishing the parking spaces required by the provisions of this section, the requirements thereof may be satisfied by the payment to the city of a sum for each required parking space as determined by the city, plus annual interest. Payments to the city shall be made per a city approved payment plan.

      3.   The maximum payment period shall be five years. The first minimum payment shall be made prior to the issuance of a building permit. Each additional payment shall be due on each anniversary date of the building permit until the total sum due the city is paid in full.

         (a)   Said funds shall be deposited with the city in a special fund and shall be used and expended exclusively for the purpose of acquiring and developing off-street parking facilities located insofar as practicable in the general vicinity of the buildings for which in lieu payments were made.

         (b)   Should any owner fail or refuse to pay to the city the amount of any annual payment due under subsection (E)2. of this section, the amount due and payable shall constitute a special assessment against said real property and shall be a lien against said real property, and the amount of such special assessment shall be added to the next regular bill for taxes levied against said real property for municipal purposes. The amount of the special assessment shall be collected at the same time and in the same manner ordinary municipal taxes are collected. If delinquent, the amount is subject to the same penalties and the same procedure of foreclosure and sale provided for in ordinary municipal taxes.

         (c)   At the beginning of each fiscal year, all fees outlined in subsection (E)2. of this section shall be subject to an annual increase equal to the consumer price index (CPI) for the preceding calendar year.

   (F)   Off-street loading space. In every C-1, DTC, C-2, C-3, M-1 and M-2 District, private off-street loading space for the handling of all goods, materials and equipment shall be provided with the location and design of said off-street loading space being no less than 15 feet by 25 feet with a minimum 14-foot height clearance. Loading areas shall be designed to accommodate trucks without having to back onto or otherwise use the adjoining street. The loading area shall not be a part of the required off-street parking space and shall be provided with easy access to an alley or street. Loading and delivery areas shall be clearly marked with directional signage where multiple access points are provided. The Design Review Committee shall approve number, location and design of off-street loading space in advance.

(Ord. 533, passed 8-16-2005)

   Secure bicycle parking facilities shall be required as conditions of approval for all new major activity centers, public and private places of assembly, and commercial or industrial developments.

(Ord. 533, passed 8-16-2005)

   (A)   Commercial and industrial regulations and conditions. All uses permitted in the C-1, DTC, C-2, C-3, M-1 and M-2 Districts shall be subject to the following regulations.

   (B)   Regulations. These regulations shall be conditions of all permitted uses of §§ 5-3-9 and 5-3-10 of this title.

      1.   Odors, glare or heat created by or resulting directly or indirectly from any use shall not be perceptible at any point beyond the lot boundaries where it abuts residential districts.

      2.   Discharge into the atmosphere of air contaminants, including, but not limited to, sulfur compounds, smoke, charred paper, dust, soot, grime, carbon, noxious acids, fumes, gases, mist, odors or particulate matter or any combination thereof, from any single source of emission whatsoever, shall not be permitted which exceeds the legally permissible discharge limits, if any, established by state or local code and enforced by the air pollution control district of the county.

      3.   Industrial activities shall be of such nature as not to cause damage or substantial jeopardy to the health or safety of persons, animals, vegetation or other forms of property.

      4.   Outdoor storage shall be screened with a solid decorative masonry wall, and shall not be visible beyond the required height of the screening.

      5.   Water supply, drainage, rubbish and waste disposal systems and practices shall reflect conformance with all applicable codes and standards relating to public safety, health and sanitation and public works of the city.

      6.   Noise or vibration created by or resulting from any industrial machinery or process shall not be discernible without instruments at the lot boundaries.

      7.   Roof mounted and detached mechanical equipment shall be acoustically baffled to prevent noise from exceeding 55 dB(A) measured at the nearest residential property line.

(Ord. 533, passed 8-16-2005)

   (A)   Applicability. The provisions of this section are applicable in all zones of the city without exception or limitation.

   (B)   Intent. The intent of this section is to provide a uniform procedure for the installation of improvements in the city, to impose reasonable property development requirements as a condition of the approval or issuance of any occupancy permit, building permit, use permit, variance or rezoning, and to require orderly development and improvement of property consistent with public health and safety for the good of the general public.

   (C)   When improvements are required.

      1.   Except as provided in subsection (E) of this section, no occupancy permit, building permit, use permit, variance or rezoning shall be issued or approved unless the applicant’s plans approved by the city include provisions for the construction of curb, gutter, sidewalk, surface drainage improvements or any other public improvements required for the property by any other ordinance.

      2.   No occupancy permit for any building shall be approved unless the required public improvements have been installed and approved by the city. Standards for new street development can be altered or refined through the specific plan or planned unit development process when it can be demonstrated that the projected traffic flows can be accommodated.

   (D)   Street development agreement. If the Planning Department determines that the applicant does not have to construct the required street improvements on or about the time the permit, variance or rezoning is issued or approved, then the applicant shall sign a recordable street improvement agreement which will provide that the applicant agrees to construct the improvements when required by the city and that if applicant fails to construct the improvements when required the city shall have the right to have those improvements constructed at applicant’s expense and to have those costs become a lien upon applicant’s property, added to the next tax bill, and collected in the same manner as real property taxes on the property are collected.

   (E)   Exceptions.

      1.   This section shall not apply to occupancy permits and building permits where the owner and/or tenant of the property intends to have construction work performed to the property and where:

         (a)   The cost of such construction work (labor and materials included) is considered normal by the city;

         (b)   The construction work involves only ordinary repairs and maintenance (including the repair or replacement of nonbearing walls, fixtures, wiring or plumbing) provided that the cost of all such repairs (labor and materials included) do not exceed 10% of the then current replacement cost of the structure and provided that the existing square footage or height of the structure shall not be increased; or

         (c)   Energy conservation improvements.

      2.   For purposes of this section, the cost of the construction of motor vehicle parking lots shall be included in the cost calculation of subsection (E)1. of this section.

   (F)   Appeal. Any applicant for any permit, variance, rezoning or building permit who is dissatisfied by the application of this section shall have the right to appeal to the City Council provided notice of appeal is filed within ten days of the decision of the Planning Commission.

   (G)   Effective date. This section shall be and is hereby declared to be in full force and effect from and after 30 days after the date of passage and adoption and shall be published by one insertion in the Livingston Chronicle, a newspaper of general circulation in the city within 15 days from and after its final passage.

(Ord. 533, passed 8-16-2005; Ord. 610, passed 2-18-2014)

   (A)   Intent. The purpose of this section is for the preservation and protection of mature trees on private property.

   (B)   Applicability. The provisions of this section are applicable in all zoning districts of the city. Any planting, replacement and/or maintenance of street trees shall be subject to the provisions of Title 9, Chapter 2 of this code.

   (C)   Requirements. A tree permit shall be required for the removal of any mature tree measuring at least six inches in diameter, as measured four feet above grade at the base of the tree.

   (D)   Replacement. Any tree removal shall require the replacement of new plantings at the discretion of the city. The city requires a five to one (5:1) replacement ratio for removal of any protected tree. Each replacement tree shall be a minimum 24 inch box size, though the city may, as part of the tree permit process or as part of any required site plan/design review, require installation of larger trees. When trees larger than 24 inch box size are installed, the tree replacement ratio of five to one (5:1) may be reduced at the discretion of the city.

   (E)   Prohibited trees. Any tree that may create unsafe conditions by excessive dropping of leaves, bark, fruit or seeds shall not be allowed as a replacement tree. Compliance with § 9-2-7 of this code shall also apply. Unlawful trees include: sycamore, poplar, willow, American elm, walnut, fruitless mulberry, eucalyptus, conifers, pepper, palm acacia and Modesto ash. Fruiting trees are prohibited in city easements.

   (F)   Permit issuance. The Planning Department shall issue a tree permit for the removal of any mature tree upon approval of an application and payment of required fee.

   (G)   Protection. It shall be unlawful for any person to remove, injure, or cause death or substantial damage to any tree protected by this section.

   (H)   Conservation. Tree disturbing activities include excessive cutting or pruning and/or damage to the root zone of live trees. Adverse effects from grading activities or use of extensive impervious surfaces shall require protective measures as set forth in this section. All new trees shall be provided with appropriate irrigation systems and maintenance activities to ensure tree survival.

   (I)   Exceptions.

      1.   Exceptions to the provisions outlined in this section shall be made for the following:

         (a)   Removal of trees which are dead or severely diseased; and

         (b)   Removal of trees which present a significant safety risk.

      2.   The city may require a property owner or project applicant to provide a report prepared by a professional arborist or urban forester to address when the exception findings can be made.

   (J)   New development. When any new development requires the removal of an orchard, the developer shall be required to comply with the provisions of § 6-10-27 of this code.

(Ord. 533, passed 8-16-2005)

   (A)   Purpose and intent.

      1.   While it is the intent of this title to require that businesses be conducted completely within an enclosed building, the city recognizes the need to allow certain outdoor facilities which help achieve the goals of the city’s general plan. Outdoor dining areas, when accompanying indoor restaurants, are just such facilities; they enhance the village/pedestrian atmosphere of an area. In recognition of this, it is the purpose of this section to provide for outdoor dining facilities on private property which add to the pedestrian ambiance, while mitigating potential visual impacts, parking impacts, traffic congestion, accessibility and noise impacts. This section also aims to integrate such activities into the appropriate zones with the least impact to the surrounding community.

      2.   This section applies to outdoor dining facilities on private property. For provisions for outdoor dining facilities on public property, please refer to § 5-4-9-2, Outdoor Dining Areas On Public Property, Permanent And Accessory, of this chapter.

   (B)   Applicability. This section shall apply only to outdoor dining facilities on private property which have not been approved by the city as of November 21, 2006.

   (C)   Review requirements. Outdoor dining areas for all new structures shall be reviewed as part of the site plan/design review process prior to construction and only require a conditional use permit for amplified live entertainment and the service of beer, wine and hard alcohol outdoors. All outdoor dining facilities for existing structures on private property shall require an outdoor dining permit, reviewed by the following authorities through the indicated administrative or discretionary action:

 

   (D)   Minimum standards. The following restrictions shall apply to all outdoor dining areas on private property in nonresidential and mixed use zones.

      1.   Accessibility, horizontal. Outdoor dining facilities shall not block access to businesses or to the sidewalk or street. Facilities must comply with minimum Title 24 of the Cal. Code of Regulations disabled access requirements and ADA (Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq.) standards, as determined by the city.

      2.   Encroachment into parking. No outdoor dining area shall occupy any part of a required parking area.

      3.   Encroachment into public right-of-way. No outdoor dining area shall encroach upon public right-of-way, unless the dining area has received an encroachment permit in accordance with § 5-4-9-2 , Outdoor Dining Areas on Public Property, Permanent and Accessory, of this chapter.

      4.   Height. No outdoor dining area shall exceed the height limit of the zone, except that tables, chairs, and umbrellas and any safety related guardrails located on rooftop decks may exceed the height limits of the zone so long as the permanent structures on which they are located comply with the height limits of the zone.

      5.   Location. Outdoor dining areas are allowed only when all of the following criteria apply:

         (a)   The outdoor dining area is accessory to an indoor restaurant complying with the definition of restaurants as found in § 5-7-2, Definitions of Words and Phrases, of this title; and

         (b)   The restaurant is permitted or conditionally permitted in the zone in which it is located, as listed in the land use/zoning matrix, § 5-3-15, Table 3 of this title.

      6.   Parking.

         (a)   If outdoor dining is considered, parking requirements for outdoor dining facilities may be modified or waived by the Planning Commission or the Planning Director, in accordance with Table 10, Review Requirements for Outdoor Dining Areas for Existing Structures on Private Property, of this section, or § 5-4-9-2, Table 11, Review Requirements for Outdoor Dining Areas for Existing Structures on Public Property, of this chapter if all of the following findings can be made in addition to the required findings:

            (1)   Public parking is available in close proximity to the restaurant; and

            (2)   Given the specific conditions of the site and the adjacent area, the waiver or modification of requirements will not result in inadequate parking.

      7.   Property owner agreement. The property owner shall provide written consent for the outdoor dining facilities.

      8.   Sight distance problems. Outdoor dining areas shall not create any sight distance problems to or from the appropriate streets, parking areas and loading areas.

      9.   Conditions. Conditions may be added to the project including, but not limited to, hours of operation, the removal and storage of furniture at night, decorative fencing, additional landscaping and restrictions on lighting.

   (E)   Required findings. Prior to the approval of an outdoor dining permit and/or conditional use permit, the following findings shall be made:

      1.   The outdoor dining area contributes to the village/pedestrian ambiance of the city, in accordance with the city’s general plan;

      2.   The outdoor dining area complies with the standards of this section;

      3.   Any negative visual, noise, traffic, accessibility and parking impacts associated with the outdoor dining area have been reduced to an acceptable level, as determined by the city; and

      4.   The outdoor dining facility is compatible with the existing building to which the facility is attached.

   (F)   Approvals valid for one year. The outdoor dining permit and/or conditional use permit shall be valid for one year, at which point the applicant may request, in writing, a permanent permit. No permit/application fee shall be required for this request. The Planning Director shall renew the permits, without benefit of a public hearing, if the original findings for the permit apply. If the original findings for the permit cannot be made, the outdoor dining permit and/or conditional use permit must be reviewed by the Planning Commission, for the purpose of modification or revocation of the permit.

(Ord. 619, passed 6-17-2014)

   (A)   Purpose and intent.

      1.   While it is the intent of the zoning ordinance to require that businesses be conducted within enclosed buildings, the city recognizes the need to allow certain outdoor facilities on public property which help achieve the goals of the city’s general plan. Outdoor dining areas, when accompanying indoor restaurants, are just such facilities; they enhance the village/pedestrian atmosphere of an area. In recognition of this, it is the purpose of this section to provide for outdoor dining facilities on public property which add to the pedestrian ambiance, while mitigating potential visual impacts, parking impacts, traffic congestion, accessibility, noise impacts, impacts on pedestrian movement, or public safety impacts. This section also aims to integrate such activities into the appropriate zones with the least impact to the surrounding community.

      2.   This section applies to outdoor dining facilities on public property. For provisions for outdoor dining facilities on private property, please refer to § 5-4-9-1, Outdoor Dining Areas on Private Property, Permanent and Accessory, of this chapter.

   (B)   Applicability. This section shall apply only to outdoor dining facilities on public property which have not been approved by the city as of November 21, 2006.

   (C)   Review requirements. Outdoor dining areas for all new structures shall be reviewed as part of the site plan/design review process prior to construction and only require a conditional use permit for amplified live entertainment and the service of beer, wine and hard alcohol outdoors. All outdoor dining facilities for existing structures on public property shall require an encroachment permit, reviewed by the following authorities through the indicated administrative or discretionary action:

 

   (D)   Minimum standards. The following restrictions shall apply to outdoor dining areas on public property in nonresidential and mixed use zones, where allowed.

      1.   Accessibility, vertical. Umbrellas and similar objects related to the facilities must be located so that they do not endanger the safety of pedestrians or block access to businesses or to the sidewalk or street. A minimum seven-foot clearance, as measured from the ground below an umbrella or similar object to the lowest portion of the umbrella shade or ribs, is recommended as a guideline, with the actual clearance to be determined through the encroachment permit review process and subject to Title 24 of the Cal. Code of Regulations disabled access requirements and ADA (Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq.) standards.

      2.   Indemnification. The permittee shall execute an agreement in a form acceptable to the City Attorney which defends, indemnifies and holds the city and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment authorized under the encroachment permit.

      3.   Insurance. The permittee shall obtain and maintain in full force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least $1,000,000 covering the permittee’s operations on the sidewalk. Such insurance shall name, on a special endorsement form, the city, its elected and appointed boards, officers, agents and employees as additional insureds. The policy of insurance or special endorsement form shall state that the insurance is provided on an occurrence basis and is primary to the city’s insurance. A certificate of insurance shall contain provisions that prohibit cancellations, modifications or lapse without 30 days’ prior written notice to the city.

      4.   Maintenance. The public right-of-way will be maintained at a level acceptable to the city.

      5.   Other standards. Outdoor dining facilities on public property shall comply with the standards for outdoor dining facilities for private property, in accordance with § 5-4-9-1(D), Minimum Standards, of this chapter.

      6.   Removal of facilities.

         (a)   All materials associated with the outdoor dining facility on public property, including, but not limited to, tables, chairs, umbrellas, and partitions, shall be removed each day at the close of business and not reestablished until the opening of business the following day; and

         (b)   The permittee shall immediately remove all materials on public property associated with the outdoor dining facility at the city’s request to allow the city to perform maintenance, repair, replacement and installation of new public facilities and private utilities.

      7.   Setback from alley, driveway or street. When an outdoor dining area is located directly adjacent to an alley, driveway or street, a five-foot setback shall be maintained from the alley, driveway or street. This setback may be reduced to zero feet by the approving authority in circumstances where the public safety may be maintained to the satisfaction of the City Engineer. For setbacks at street corners, please refer to the following subsection (D)8.

      8.   Setback, street corner. At street intersections, the triangular area formed by measuring 25 feet along the property line of each frontage from the intersection of the property lines at the corner shall remain free of outdoor dining facilities on public property. This setback may be reduced to ten feet by the approving authority in circumstances where the public safety may be maintained to the satisfaction of the city, particularly the City Engineer.

      9.   Sidewalk width. A minimum public sidewalk width of five feet shall be maintained. (Umbrellas and similar objects which comply with subsection (D)1. of this section may protrude into this minimum sidewalk width.) The minimum sidewalk width may be reduced to four feet by the approving authority in circumstances where the public safety may be maintained to the satisfaction of the City Engineer.

   Figure 4: Street Corner Setbacks for Outdoor Dining Areas on Public Property

      10.   Structures in the public right-of-way. Structures related to the outdoor dining facility which cannot be removed at the close of business each day shall only be allowed if specifically allowed by the encroachment permit by the Director of Public Works.

      11.   Conditions. Conditions may be added to the project including, but not limited to, hours of operation, the removal and storage of furniture at night, decorative fencing, additional landscaping and restrictions on lighting.

      12.   Termination of encroachment permit. The public right-of-way shall be left free of debris, litter or any other evidence of the outdoor dining facility upon termination or removal of the use, and shall thereafter be used pursuant to the provisions of this code.

   (E)   Required findings. Prior to the approval of an encroachment permit and/or conditional use permit, the following findings shall be made:

      1.   The required four findings for the approval of outdoor dining permit, in accordance with § 5-4-9-1(E), Required Findings, of this chapter;

      2.   The sidewalk’s public use, including pedestrian, transit and business services needs, not limited to loading zones, bus stops, public phones and benches, is not restricted by the facility;

      3.   Pedestrian traffic volumes and accessibility are not inhibited by the facility;

      4.   Street trees, utilities, fire equipment and similar items are not adversely impacted by the facility; and

      5.   Public parking is not adversely impacted.

   (F)   Approvals valid for one year. The encroachment permit and/or conditional use permit shall be valid for one year, at which point the applicant may request, in writing, a permanent permit. No permit/application fee shall be required for this request. The Director of Public Works shall renew the permits, without benefit of a public hearing, if the original findings for the permit apply. If the original findings for the permit cannot be made, the encroachment permit and/or conditional use permit must be reviewed by the Planning Commission, for the purpose of modification or revocation of the permit.

(Ord. 619, passed 6-17-2014)