Chapter 17.38
SIDEWALK USE AND CONNECTIVITY
Sections:
17.38.020 Encroachment Permit Required
17.38.030 General Sidewalk Use Provisions
17.38.040 Outdoor Seating Standards
17.38.050 Pedestrian Connections
17.38.060 Paseo Development Standards
17.38.010 Purpose
The purpose of this chapter is encourage the appropriate use of sidewalks for commercial and other nongovernmental purposes and to ensure that sidewalk connections are established between building entries and the public sidewalk system. Provisions are included related to the establishment of outdoor seating areas for restaurants, information kiosks, art installations, and other methods of creating positive activity on sidewalks.
17.38.020 Encroachment Permit Required
The commercial use of public sidewalks requires the issuance of an Encroachment Permit issued by the City. Use of private sidewalks does not require an Encroachment Permit, but the provisions of this chapter apply.
17.38.030 General Sidewalk Use Provisions
The following applies to the use of all sidewalk areas:
A. Clear path of travel required. At least five feet clear area should be provided to allow for unimpeded pedestrian traffic around any obstruction.
B. Side may be used by adjacent properties. Subject to the issuance of an Encroachment Permit, public sidewalks may be used by adjacent businesses for seating and/or display areas. Restaurants serving alcoholic beverages and/or providing entertainment are permitted, provided those activities are ancillary to the restaurant use and appropriate permits are obtained from Alcoholic Beverage Control (ABC) to allow for the consumption of alcohol outside of the premises.
C. Placement of sidewalk amenities. Chairs and tables for outdoor dining and carts for merchant display may be permitted on sidewalks, paseos and other public rights-of-way within commercial zoning districts. An Encroachment Permit is required within public rights-of-way.
D. Entries must remain accessible. The sidewalk use shall not infringe on the full width of the building entrance or otherwise impede access to and from buildings.
E. Materials. Materials used in pedestrian-oriented spaces shall be used as follows:
1. Attractive, durable, slip-resistant, of high quality, and compatible in color and pattern with a project’s design.
2. Surfaces in pedestrian circulation areas shall provide hard, stable surfaces and that permit comfortable maneuverability for people of all abilities.
3. Wherever a pathway crosses a drive aisle, loading area, or parking area, the pathway shall be made identifiable by the use of elevation changes, changes in paving materials, and/or the use of colors.
4. To provide adequate power for temporary uses and to ensure proper maintenance, at least two outlets shall be provided for every 2,000 square feet of pedestrian-oriented space. (Ord. 1025 § 17, 2015)
17.38.040 Outdoor Seating Standards
Sidewalk seating shall be allowed in conjunction with the operation of an indoor restaurant and other commercial establishments, subject to the following minimum requirements and limitations:
A. Location and configuration.
1. Sidewalk seating shall only be allowed in commercial zoning districts and only in conjunction with and directly adjacent to an indoor restaurant which operates the seating.
2. The sidewalk seating area shall be no wider than the actual street frontage of the indoor restaurant. The sidewalk seating associated with an indoor restaurant shall be confined to a single contiguous area.
3. The total amount of outdoor seating, whether on the sidewalk or on private property, shall not exceed 25 percent of the indoor seating of the restaurant.
4. Outdoor seating areas shall only be allowed to the extent that there is adequate room to accommodate pedestrians, provisions of the Americans with Disabilities Act (ADA) and the seating area. A minimum five-foot clear area of sidewalk between the seating area of sidewalk between the seating area and any curb or obstruction shall be provided, unless local, state, or federal disability access laws require a larger area. The outdoor seating area itself shall be accessible to disabled persons.
B. Parking. No additional off-street parking is required for outdoor seating in compliance with this section.
C. Limitations. The following is not permitted outside the indoor restaurant:
1. Food preparation;
2. Busing stations or storage; or
3. Trash receptacles.
D. Maintenance. All exterior surfaces shall be easily cleanable and shall be kept clean at all times.
E. Alcohol.
1. If alcohol is served, signage shall be prominently displayed within the perimeter of the outdoor dining area to require customers to keep alcoholic beverages within designated areas.
2. Alcoholic beverages are prohibited on City sidewalks except where permitted by this chapter in designated areas.
17.38.050 Pedestrian Connections
All buildings within the City shall be accessible via a path or walkway from a public sidewalk according to the following provisions:
A. Pedestrian pathways.
1. Pedestrian links shall be attractive and well marked.
2. A continuous and direct pedestrian path shall be provided between the most proximate public sidewalk and the primary entrance to all on-site buildings with the fewest possible vehicular crossings.
3. A continuous pedestrian path shall be provided from all parking areas to the primary entrance of all buildings.
4. Clear and continuous paths from every primary building entrance to all transit stops and crosswalks directly adjoining the site.
5. Pedestrian pathways from the building to adjacent streets at a ratio of one for each vehicle entrance on site. For example, if there are two driveways into the site, two sidewalk entries that connect to the building’s primary entrance are required. Entrances designed primarily for service and delivery vehicles are not included in this ratio.
6. Drive aisles leading to main entrances shall have a walking path on at least one side.
7. Special pedestrian paths/connections between adjoining lots where those uses are compatible.
8. Paseo between buildings shall be provided when needed to create pedestrian connections to primary building entrances and parking areas (see Figure 3-16).
B. Pathways in parking areas. The design and construction of pedestrian pathways into and through parking areas shall comply with the following standards:
1. No parking space shall be located farther than 130 feet from a designated pedestrian pathway.
2. Where parking areas are located between a public right-of-way and a primary entrance into a site’s primary use structure, a continuous and well-designated pedestrian path shall be provided through the parking area that connects the public right-of-way and said entrance.
C. Building location. Where possible, the building should be located as close to the public sidewalk as possible to create a direct pedestrian connection to primary building entries (without requiring the pedestrian to cross a parking lot).
Figure 3-16 – Paseo Connection Parking Area to Street Frontage
17.38.060 Paseo Development Standards
A. Purpose. When provided, paseos shall be designed and constructed according to the standards contained in this section to create safe, active environments that are visible by passersby.
B. Standards.
1. A paseo shall be at least 10 feet in width.
2. A paseo shall contain an unobstructed circulation path at least five feet in width, connecting the street on which the paseo fronts.
3. Seating areas, storefronts, shop windows, and outdoor display of goods are all encouraged within paseos to create a safe active environment.
4. Where any building wall or walls adjoin a paseo and where such wall or walls exceed a height of 60 feet for an aggregate length of more than 120 feet, the wall or walls shall be set back from the paseo by a minimum distance of 10 feet.