CHAPTER 13. OUTDOOR DINING Revised 11/24

6-13.01 Purpose.

The City, through approval by the Walnut Creek City Council, has approved a comprehensive outdoor dining policy for Walnut Creek eating and drinking establishments. The policy is designed to, among other things, serve the goals of collaborative business operation and engagement; enhance and ensure a pedestrian-friendly environment; prevent safety, traffic and health hazards; allow for the use of public space; assist businesses in a competitive environment; and create an equitable, sustainable plan to the benefit of the Walnut Creek community to support economic activity. The outdoor dining policy provides the Public Works Director with the authority to implement the policy's requirements, with input from the City Engineer, Economic Development Director, Chief of Police, Community Development Director, and other applicable City departments. It also serves to replace existing City programs such as tables and chairs permits, parklet approval, conditional/administrative use permits relating to service of alcoholic beverages, and all other methods in use for accommodating outdoor dining such as encroachment permits. Encroachment permits authorizing operation in outdoor dining spaces, existing administrative use permits and conditional use permits granted prior to adoption of the ordinance codified in this chapter, and deemed approved status recognized prior to adoption of the ordinance codified in this chapter, related to the sale and service of food and beverages outdoors, remain in effect until otherwise revoked or terminated. The purpose of this chapter is to implement the requirements of the outdoor dining policy as adopted by the City Council. It is the intent of the City, in enacting this chapter, to provide those eating and drinking establishments desiring to operate in outdoor dining spaces with clear, objective, and concise regulations to meet the previously stated goals to assist the business community, build economic activity, prevent safety, traffic, and health hazards, as well as to preserve the safety and welfare of the community, and to promote accountability. (§6, Ord. 2229, eff. 2/17/23)

6-13.02 Definitions.

a. City-Owned Patio. Outdoor dining patio, standalone or attached to a building, that is located on City-owned property or within the public right-of-way with City-approved barrier or fencing, as permitted pursuant to this chapter.

b. Community Conditions. Circumstances related to adverse impacts on the health, safety and welfare of the public arising from the operation of outdoor dining activities, including adverse noise, litter, crowd control, parking impacts and conditions that constitute a nuisance, as defined in California Business and Professions Code Section 24200(f)(2).

c. Department. The Public Works Department of the City of Walnut Creek.

d. Director. The Public Works Director of the City of Walnut Creek.

e. Outdoor Dining Activities. Outdoor seating, entertainment, eating and beverage service activities on a City-owned patio, private dining patio, privately owned parking lot dining patio, sidewalk dining, or in the form of PODS as permitted pursuant to this chapter and not otherwise governed by an existing conditional use permit, administrative use permit, or existing uses deemed approved.

f. Permitted Outdoor Dining Structure (PODS). A standalone outdoor dining structure that is located in public on-street vehicular spaces, such as parking and loading zones, or in private parking lots, as permitted pursuant to this chapter.

g. Private Dining Patio. Outdoor dining patio, standalone or attached to a building, that is located on privately owned property, as permitted pursuant to this chapter.

h. Privately Owned Parking Lot Dining Patio. Outdoor dining patio, standalone or attached to a building, that is located in private parking lot spaces adjacent to the associated restaurant or eating establishment building, as permitted pursuant to this chapter.

i. Sidewalk Dining. Outdoor dining area that takes place on public sidewalks without a barrier or fence for food service or nonalcoholic beverages only, as permitted pursuant to this chapter. (§6, Ord. 2229, eff. 2/17/23)

6-13.03 Outdoor Dining Activities.

a. Applicability—Compliance. The requirements set forth herein shall govern outdoor dining activities, as described in the outdoor dining policy and defined hereinabove, in the Outdoor Dining Overlay Zone where such activities are not otherwise governed by an existing conditional use permit (CUP), administrative use permit (AUP), or existing uses deemed approved as set forth under Articles 6 and 12 of Title 10, Chapter 2, Part III. Outdoor dining activities, beyond the certain areas where activities are governed by existing CUP, AUP, or existing uses deemed approved, including the use of PODS, City-owned patios, private patios, privately owned parking lots, and City sidewalks, shall comply with the requirements set forth in this chapter and in the outdoor dining policy.

b. Permit Required. Notwithstanding Sections 7-1.1-1 et seq., 7-1.102, 7-1.103, 7-1.105, 10-2.2.602, 10-2.3.1201 et seq., or any other provisions under the Municipal Code, all outdoor dining activities shall obtain an operator permit issued by the City. An operator permit shall contain all regulations and requirements set forth under the outdoor dining policy and rules and restrictions established by City Council, which at a minimum will include the following:

1. Permitted types of, and hours of operation for, outdoor dining activities;

2. Permitted alcohol service and service hours;

3. Permitted music and live entertainment uses;

4. Permitted operations and outdoor dining uses;

5. Regulations pertaining to special events; and

6. Regulations pertaining to security and safety, and maintenance, including requirements to obtain building permits and/or undergo structural inspections by the City.

The requirements of the operator permit shall govern all outdoor dining activities, notwithstanding any conflicting base district regulations in the Zoning Code or other provisions of the Municipal Code.

c. Permit Renewal, Modification and Revocation. An operator permit is effective for one (1) year from the date of issuance and must be renewed annually thereafter in order to remain in effect. An operator permit and requirements contained therein may be modified, suspended or revoked at the discretion of the Director based on factors including community conditions, as defined, violation of operator permit terms, termination of a license agreement necessary for use of the public right-of-way, and compliance with this chapter and outdoor dining policy requirements. An applicant or business owner desiring to modify the terms and conditions of an operator permit may make such a request to the Director or his or her designee. The grant or denial of a modification request shall be at the sole discretion of the Director or designee, and may require submittal of additional documentation and items for review of such a request. (§6, Ord. 2229, eff. 2/17/23)

6-13.04 Outdoor Dining Activities on Public Property.

In addition to an operator permit, outdoor dining activities taking place in the public right-of-way including public streets and sidewalks shall execute a license agreement with the City in a form approved by the City Attorney. The license agreement shall contain requirements and regulations applicable to the use of the public right-of-way area for outdoor dining activities, as determined by the Director and as set forth in the minimum license agreements requirements approved by the City Manager. A business owner or applicant may request consideration of modification to a license agreement, or the City may modify or revoke a license agreement in accordance with Section 6-13.03(c). (§6, Ord. 2229, eff. 2/17/23)

6-13.05 Permit Application, Design Review and Approval. Revised 11/24

a. Application. Business owners, with written consent of the owner of the property upon which the proposed outdoor dining activities are to occur, may file an application for outdoor dining activities with the Department. The application shall be accompanied by copies, in a quantity as required by the Director, of site plans, ownership information, activity descriptions, photographs, or other presentation material as may be necessary for complete review and consideration of the proposed outdoor dining activities. The applicant shall pay all applicable fees or deposits, pursuant to the outdoor dining policy and as set forth in the City's Master Fee Schedule and outdoor dining fee structure most recently adopted by the City Council.

b. Design Review and Approval. The Department shall administratively process and review an application for outdoor dining activities. The design of all outdoor dining structures shall be reviewed in accordance with the outdoor dining policy. The Department may approve the application and, upon approval, may issue an operator permit in accordance with the standards set by Council in the outdoor dining policy, if the Director determines that the proposed outdoor dining activities and design are consistent with the outdoor dining policy and the requirements of this chapter. Upon approval, the applicant shall pay all necessary fees or deposits, and obtain any required insurance, pursuant to the operator permit, the outdoor dining policy, the City's Master Fee Schedule and the outdoor dining fee schedule most recently in effect. (§6, Ord. 2229, eff. 2/17/23; §3(2), Ord. 2244, eff. 11/1/24)

6-13.06 Appeals. Revised 11/24

Decisions on outdoor dining program application submissions may be appealed to the City Manager or their designee. Decisions on the design of an outdoor dining space may be appealed pursuant to Part IV, Article 5, Chapter 2 of Title 10. (§6, Ord. 2229, eff. 2/17/23; §3(2), Ord. 2244, eff. 11/1/24)

6-13.07 Violation—Penalty.

Any person who violates, or causes or permits another person or entity to violate, any provision of this chapter shall be subject to an administrative citation and fines as set forth under Chapter 7 of Title 1. (§6, Ord. 2229, eff. 2/17/23)