The purpose of this chapter is to facilitate the establishment and maintenance of outdoor dining areas in the public right-of-way in a manner that protects the public health, safety, and general welfare. To do so, eating and drinking establishments with outdoor dining areas in the public right-of-way shall be located, developed, and operated in compliance with the following standards.

No person may establish an outdoor dining use unless an outdoor dining permit approval is first granted by the zoning administrator. The standards set forth in Section 17.80.040 shall apply to the operation, development, or use of any proposed or existing outdoor dining use and to any expansion of, or change to, a proposed or existing outdoor dining use that is commenced pursuant to the zoning administrator's approval on or after the effective date of the ordinance codified in this chapter.

The zoning administrator may impose reasonable conditions necessary to protect the public health or safety. Conditions applicable to the underlying eating and drinking establishment shall also apply to the outdoor dining permit.

The zoning administer may, in the approval of outdoor dining uses, grant minor exceptions to the requirements of this chapter when such exceptions maintain the intent and purpose of this chapter and when the zoning administrator determines the exception(s) will not result in potential impacts to public health, safety, or general welfare.

Applications for an outdoor dining permit shall be filed with the zoning administrator on such forms and accompanied by such information as may be prescribed by the zoning administrator to assure the fullest applicable presentation of facts for the permanent record. Each application shall be accompanied by the same fee charged for variance applications as established by resolution of the city council.

The zoning administrator may decide to refer the application to the planning commission for a decision, in which case the matter shall be heard by the planning commission at a noticed public hearing.

Prior to a decision on an outdoor dining use permit application, the zoning administrator shall provide a notice which shall be mailed to all property owners and businesses within 300 feet of the exterior boundary of the property involved, using for this purpose the last known name and address of such owners as shown upon the current assessment roll maintained by Solano County. The notice shall be mailed 10 days prior to the date of decision on the project. The notice shall include a description of the proposal, and methods for providing comments. The notice shall state that the zoning administrator will decide whether to approve or disapprove the outdoor dining use permit application on a date specified in the notice, and that a public hearing before the zoning administrator will be held only if requested in writing by any interested person prior to the specified date of the decision. When a hearing is requested, notice of the hearing shall be provided as stated herein, and the zoning administrator shall conduct the public hearing prior to a decision on the application.

The zoning administrator shall send the notice of decision to the applicant within 10 days of the date of the zoning administrator's decision to approve or deny the outdoor dining use permit. Appeal by the applicant or any member of the public to the action of the zoning administrator can be made to the planning commission according to the procedures prescribed in Section 17.66.080.

A permit granted in accordance with the terms of this title shall, without further action, become null and void if not used within one year from the date of the approval thereof or within any shorter period of time, if so designated by the zoning administrator.

A permit may be revoked for failure to meet the conditions set forth in this chapter in a manner as prescribed in Section 17.66.070(G).