Chapter 14-49
SIDEWALK CAFES ON PUBLIC RIGHTS-OF-WAY
Sections:
14-49.030 Districts permitted.
14-49.040 Use permit and fee required.
14-49.050 Issuance of use permit.
14-49.060 Applications: Information required.
14-49.010 Purpose.
The purpose of this chapter is to provide for regulation of the establishment of outdoor eating areas on public right-of-ways as extensions of, and appurtenant to, a primary use restaurant. The purpose of this chapter is to encourage and promote the restaurant business climate by permitting outdoor eating in a safe and healthy environment.
(§ 1, Ord. 932-93 C-M, eff. November 11, 1993)
14-49.020 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Sidewalk cafe” shall mean an outdoor seating area for the consumption of food and beverage located on a public right-of-way as an extension of, and appurtenant to, a primary use restaurant.
(b) “Sidewalk clear zone” shall mean a six (6) foot minimum clear dimension for pedestrian use between the property line and edge of curb.
(§ 1, Ord. 932-93 C-M, eff. November 11, 1993)
14-49.030 Districts permitted.
Sidewalk cafes shall be allowed only in Commercial and Industrial zoned districts, subject to the provisions of this chapter.
(§ 1, Ord. 932-93 C-M, eff. November 11, 1993)
14-49.040 Use permit and fee required.
A sidewalk cafe is a conditional use and shall be permitted only upon the issuance of an administrative use permit (“AUP”) by the Zoning Administrator. Payment of an application fee and an annual fee in amounts established by resolution of the City Council shall also be required.
(§ 1, Ord. 932-93 C-M, eff. November 11, 1993)
14-49.050 Issuance of use permit.
(a) It shall be the duty of the zoning administrator, upon receiving an AUP application for a sidewalk cafe, to investigate the same, and to determine whether the proposed sidewalk cafe is in compliance with all applicable Watsonville Municipal Code provisions and the requirements of this chapter. Upon making a determination that the proposed sidewalk cafe is in compliance with all applicable Watsonville Municipal Code provisions and the requirements of this chapter, the Zoning Administrator shall issue an AUP for a sidewalk cafe.
(b) A sidewalk cafe shall satisfy all of the following criteria numbered “1” through “11,” except that the Zoning Administrator may modify, or waive any one, or all, of the criteria numbered “5,” “6” and “8” upon making a finding that such modification or waiver will not adversely affect the health, safety and welfare of the general public:
(1) A sidewalk cafe shall not obstruct public sidewalk pedestrian traffic or create public health or safety hazards.
(2) A sidewalk clear zone for pedestrian use shall be provided, at all times, wherever a sidewalk cafe is located.
(3) Off-street parking shall be provided in accordance with the provisions of Title 9 of the Watsonville Municipal Code, and shall be based on the total indoor and outdoor seating capacity provided by the restaurant.
(4) A sidewalk cafe shall be used only as a seating area. Storage, kitchen, rest room, or any other use shall not be permitted on a sidewalk cafe area. Tables and chairs shall be moveable.
(5) Placement of tables and/or chairs shall be limited to the sidewalk area adjacent to a primary use restaurant; e.g., tables and chairs shall not be placed on parking areas, storage areas, landscaped areas, etc., adjacent to the primary use restaurant.
(6) Alcoholic beverages shall not be served and/or consumed on any public sidewalk.
(7) All means of ingress to, and egress from, a primary use restaurant which has been issued an AUP for a sidewalk cafe, and all means of ingress to, and egress from, buildings situated adjacent to a primary use restaurant which has been issued an AUP for a sidewalk cafe, shall be kept clear, accessible and in compliance with all applicable Uniform Fire Code regulations.
(8) A compatible decorative element such as a ropeline, or cord divider, separating a sidewalk cafe seating area from adjacent pedestrian traffic (“perimeter barrier element”) shall be provided. The design and materials of such element shall be compatible with the architectural design of the primary use restaurant building facade.
(9) A sidewalk cafe may be uncovered; or partially or fully covered, by means of umbrellas, awnings or canopies meeting the following requirements:
(i) Awning or canopy material covering a sidewalk cafe shall be temporary or retractable and may extend into the public right-of-way from the face of the building up to the minimum clear zone dimension of six (6') feet.
(ii) Awnings, canopies and umbrellas shall be made of fire treated or non-flammable materials.
(iii) Awnings shall be a minimum height as required by the Uniform Building Code.
(10) Decorative lighting may be incorporated into sidewalk cafe awnings or canopies subject to the following conditions:
(i) All decorative lighting incorporated into sidewalk cafe awnings or canopies shall meet all Watsonville Municipal Code requirements.
(ii) A building/electrical permit issued by the Building Department shall be required for all decorative lighting incorporated into sidewalk cafe awnings or canopies.
(11) Documented proof of liability insurance in an amount determined by resolution of the City Council shall be required for every sidewalk cafe.
(§ 1, Ord. 932-93 C-M, eff. November 11, 1993)
14-49.060 Applications: Information required.
Any application for an AUP for a sidewalk cafe shall be made on forms provided by the Zoning Administrator and shall include the following information:
(a) The name, address, and telephone number of the applicant and owner of the primary use restaurant for which the proposed sidewalk cafe is adjacent to, and an extension of;
(b) The location and street address of the proposed sidewalk cafe;
(c) Two (2) copies of a site plan detailing: (1) the location and number of tables and chairs inside the primary use restaurant and within the proposed sidewalk cafe area; (2) any accessory service facilities; (3) a perimeter barrier element; (4) the sidewalk clear zone; (5) off street parking spaces; (6) areas of ingress and egress for buildings situated adjacent to the primary use restaurant and proposed sidewalk cafe; (7) type(s) of coverings, including a description of the material to be used; and (8) any existing fixed elements on the sidewalk within a twenty-five (25') foot radius around the proposed sidewalk cafe area (which shall include, but are not limited to light-sign poles, trees/landscaped strips, traffic lights, fire hydrants, parking meters, raised planter curbs, tree-wells, pots, waste containers, and newspaper racks);
(d) Two (2) copies of an elevation plan detailing front and side view of outdoor dining facilities including all proposed above-grade features such as planter boxes, awnings, umbrellas, canopies, tables, and chairs, etc.;
(e) A statement as to whether the proposed sidewalk cafe will incorporate decorative lighting and, if so, a statement that the decorative lighting shall comply with all applicable Watsonville Municipal Code requirements and that the decorative lighting will be operated only upon receipt of a building/electrical permit issued by the Building Department;
(f) A statement that no alcoholic beverages will be served, and/or consumed, on any public sidewalk (if this requirement is not waived by the Zoning Administrator); and
(g) Any other information the Zoning Administrator may require to show full compliance with this chapter and any other applicable laws of the City. The Zoning Administrator may require photographs of the proposed Sidewalk Cafe area.
(§ 1, Ord. 932-93 C-M, eff. November 11, 1993)
14-49.070 Violations.
(a) Whenever a sidewalk cafe is found to be erected, operated or maintained in violation of any provision of an AUP issued pursuant to this chapter, or any applicable Watsonville Municipal Code provision, the Zoning Administrator shall have, after five (5) days written notice to the owner and/or permittee, the authority to revoke the corresponding AUP (if an AUP has been previously issued) and/or order that such sidewalk cafe be disassembled and removed.
(b) It shall be unlawful for any person to fail, neglect, or refuse to comply with such order of the Zoning Administrator, or for any person to negligently or willfully violate any provision of this chapter.
(§ 1, Ord. 932-93 C-M, eff. November 11, 1993)