This chapter shall be known and designated as the "Outdoor Dining Ordinance."
(Ord. 8-01)
The primary purpose of public walkways is the free and unobstructed right of travel. However, the City recognizes that the use of public walkways in the plaza area for limited outdoor dining areas can improve the business environment and enhance the quality of life for Orange residents so long as such use is not inconsistent with the underlying dedication for public right-of-way, does not impede travel and does not interfere with the rights of adjoining property owners. Therefore, the City may permit such uses on a temporary or nonpermanent basis and as a special privilege, not as a matter of right.
(Ord. 8-01)
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
means the property directly fronting on the portion of the public walkway in which the outdoor dining area is to be placed.
means a property which is next to the abutting property and fronts with it on the same public walkway.
means the Director of the Community Development Department or designee.
means a sign and/or display case, no larger than an aggregate eight square feet, consisting of an actual restaurant menu or chalk/dry erase board with the purpose of providing the public an opportunity to view regular food selections or daily specials without entering the restaurant.
means any object which completely or partially blocks a path of travel on a public walkway and includes all temporary structures, appurtenances, furnishings and furniture attendant to a permitted use under this chapter.
means an area within the public walkway set up in conjunction with the use of the abutting property for dining and including both any obstruction and any activity related to dining, including, but without limitation, waiting for tables, waiting on tables and busing tables.
means the Outdoor Dining Permit created by this chapter.
means any individual, firm, company, account, association, partnership, corporation, joint venture or any other entity.
means the area contained within and properties facing the 100 and 200 blocks, east and west, of Maple Avenue and Almond Avenue and the 100 block, north and south, of Lemon Street and Grand Street (see Attachment A-1 map attached to the ordinance codified herein).
means those triangular areas within the plaza quadrants delineated by contrasting colored concrete, and separated from building storefronts by a sidewalk.
means those commercial properties having building frontage on the traffic circle intersection of Chapman Avenue and Glassell Street.
means all or any portion of territory within the City set apart and designated for the use of the public as a thoroughfare for primarily pedestrian travel, including alleys, the sidewalks, the center and the side plots thereof.
(Ord. 8-01)
No person shall establish or maintain any outdoor dining area within a public walkway except pursuant to a written Outdoor Dining Permit approved by the Director pursuant to this chapter. This chapter shall not be applicable to any activity performed pursuant to and permitted by other specific provisions of this code or to other obstructions prohibited by other specific provisions of this code.
(Ord. 8-01)
Any person desiring a permit shall, on an annual basis, file an application no sooner than April 1st, and no later than May 30th, of the permit expiration year with the Director, and shall pay an Encroachment Permit and Outdoor Dining Permit fee specified by City Council resolution. Permits shall expire on June 30th of each year. The Director shall establish a form for applications for a permit, including a list of any application materials deemed necessary to enable complete review of the application. The application shall include a declaration under penalty of perjury that all information is true and correct and shall contain, at a minimum, the following information:
A.
The name and business address of applicant if a natural person; if an entity, the name and address thereof and the name and address of the individuals authorized to bind the entity in contract; if a corporation, the name, address and telephone number of the president or chair of the board, the agent for service of process, and the local manager, if any, and the state of incorporation;
B.
If applicant is not the owner of the abutting property, then applicant shall obtain approval of the application signed by the legal or beneficial owner of the abutting property, or by his or her duly authorized agent. Any person signing the approval as an agent shall furnish a written authorization for such purpose;
C.
Sufficient evidence to establish, to the satisfaction of the Director, in his or her sole discretion, that the proposed use is not inconsistent with the underlying dedication for public right-of-way and is not inconsistent with the City's title or estate in the underlying public walkway;
D.
Certification by the Community Development Department that the abutting property has previously received all zoning entitlements consistent with the operation of an outdoor dining area and is in compliance with all zoning regulations;
E.
Plans satisfactory to the Director which show in detail the dimensions of the outdoor dining area, a description of its use and the arrangement of the occupancy, including, but without limitation, all obstructions and activities in the public walkway, the number of seats, tables, a schedule of time of use, and all utility connections to be utilized in connection with such occupancy;
(Ord. 8-01)
Any permittee desiring to change the permitted use by increasing the size of the outdoor dining area, by changing substantially the use or arrangement of the occupancy, shall file an amended application and pay the associated fee under this chapter. Active permits may be modified up to two times per year, with a permit expiration date of June 30th.
(Ord. 8-01)
No permit may be issued until the application is approved by the Director and all of the following findings are made by the Director:
A.
The proposed outdoor dining activity meets the standards of this chapter; and
B.
The proposed outdoor dining activity does not unduly interfere with the use of the public right-of-way by adjoining property owners and tenants; and
C.
The sidewalk's public use, pedestrian, transit and business services including but not limited to loading zones, bus stops, public phones and benches, are not restricted; and
D.
The proposed outdoor dining activity is complementary to and not inconsistent with the underlying dedication for public right-of-way and is not inconsistent with the City's title or estate in the underlying public walkway; and
E.
The proposed outdoor dining activity is compatible with the use and enjoyment of surrounding uses; and
F.
The proposed outdoor dining activity does not impede travel on the public walkway or create a hazard to the safety or health of passers-by; and
G.
The proposed outdoor dining activity does not unlawfully alter the associated use of the abutting property; and
H.
Building entryways are not obstructed; and
I.
The abutting property has previously received all necessary zoning related approvals.
(Ord. 8-01)
All permits issued pursuant to the terms of this chapter shall conform to the following standards and no permit may be issued which does not so conform:
A.
A permit may be issued only to the operator of a business in the abutting property.
B.
Outdoor dining located on public walkways shall be limited to commercial areas within the plaza area, and which provide meal service, specialty food service (e.g., cookies, ice cream, coffee) or full menu food services.
C.
Temporary, mobile or freestanding food service providers are not eligible for a permit under this chapter.
D.
All features including, but not limited to, tables, chairs, and umbrellas located on a public walkway shall be removed from the public walkway when not in use.
E.
Furniture style shall be consistent with the City-approved outdoor dining furniture palette for the Downtown Historic District maintained by the Community Development Department.
F.
Dining areas adjacent to storefronts shall not be permitted in areas where less than an eight foot minimum sidewalk width exists, unless additional or lesser public walkway is approved by the Director on the basis of considerations specified in this chapter.
G.
The outdoor dining area shall be located in a manner which will not interfere with visibility, vehicular or pedestrian mobility or access to City or public utility facilities. The determination of whether an outdoor dining area, or any part thereof, interferes shall be made by the Director at the time of application based on the characteristics of each proposed site.
H.
The outdoor dining area of an abutting business may extend across the storefront of an adjacent business for the duration of the permit period with the written consent of the affected business(es) and property owners.
I.
The outdoor dining area may be defined by placement of portable but sturdy fencing or other suitable dividers as required or approved by the Director and shall be in keeping with the aesthetic and architectural character of the Old Towne Commercial Area and with all approved design guidelines for the Old Towne Commercial Area.
J.
Any modification to public surfaces, such as borings for recessed sleeves or post holes must be approved in advance by the Director. A cash deposit or bond, posted in a form acceptable to the City attorney's office, in the amount of $1,000.00 per Outdoor Dining Permit shall be posted by the permittee to insure proper site restoration.
K.
The height of any fabricated barrier and or installed landscaping shall not exceed three feet, six inches and shall be entirely portable. Barriers utilizing any type of stretched canvas material must be strung through eye hooks.
L.
Tables and chairs abutting the wall of the establishment shall be limited to one row. Such tables shall be limited to a dimension of 30 inches in width by 30 inches in length. The placement of these tables and chairs shall comply with Americans with Disabilities Act standards.
M.
The use of removable table umbrellas is encouraged provided that they maintain at least seven feet of clearance above the sidewalk level and do not exceed 10 feet in height. The use of retractable awnings is encouraged, but must meet the requirements of California Building Code Sections 3202.2.3 and 3202.3.1.
N.
Awnings must be regularly maintained and cleaned in accordance with the City's water conservation policies (bucket and brush method).
O.
No signs are permitted in the outdoor dining area with the exception of a menu sign. Business names may be permitted on the valance of the awnings and/or umbrellas, as approved by the Community Development Director; however, commercial and product logos are not permitted on the valance of awnings and/or on umbrellas or in any other outdoor display.
P.
Lighting shall be incorporated into the facade of the building, and shall complement the style of the building. Lights on buildings shall not be glaring to pedestrian or vehicular traffic and should illuminate only the outdoor dining area. (General illumination should be at five footcandles, with a maximum of 10 footcandles.) Table lamps or candles are encouraged. Wired electrical fixtures will be allowed outside the face of the building if contained within the barrier and installed by a licensed electrician. An electrical permit must be obtained from the Building Division to install outdoor lighting.
Q.
The design materials and colors used for chairs, tables, lighting, other fixtures, fencing, dividers and obstructions, including umbrellas and awnings, shall be generally consistent both with the architectural style and colors used on the building facade and meet the minimum quality standards as established by the Director and in keeping with the aesthetic and architectural character of the Old Towne Commercial Area and with all approved design guidelines of the Old Towne Commercial Area.
R.
Upon the daily termination of outdoor dining all barriers (except those installed by the City) must be removed and the public walkway returned to its original condition.
S.
All Fire Department regulations and standards concerning exterior lighting and power must be met. These regulations and standards will be supplied at the time of application.
T.
A landscape maintenance program, if applicable, shall be submitted with the outdoor dining permit application. Once approved by the Director, landscaping must be properly maintained. Water drainage into the plaza area shall not be allowed and stressed or dying landscape must be promptly replaced. Potted plants must have a saucer or other suitable system to retain seepage and be elevated to allow for airflow of at least one inch between saucer and sidewalk.
U.
All outdoor dining areas must be readily accessible to and useable by disabled individuals.
V.
Any modification to the approved plans must be resubmitted as an amended application and must comply with all standards for the issuance of a permit under this chapter which are then in effect.
W.
A permit is not transferable to any entity or person and is valid only as to the original permittee.
X.
Use, occupation and obstruction of the public walkway which is permitted under this chapter may be temporarily suspended, without prior notice or hearing, when, in the discretion of the Director, the Police Chief, or the Fire Chief, any such use, occupation or obstruction may interfere with public safety efforts or programs, special events, street improvement activities, construction activities, cleaning efforts or other similar activities or with the health, welfare or safety of the citizens of the City.
Y.
Permits shall be considered temporary and nonpermanent in nature, and permittee shall have neither property interest in nor any entitlement to the granting or continuation of any such permit.
Z.
Permits may be terminated by the City Manager, with or without cause, regardless of the nature and scope of the financial or other interest in, or on account of the permit or the permitted use.
AA.
Outdoor dining areas are for sit-down food and beverage service only; no stand up service is permitted.
BB.
No alcoholic beverages may be served in outdoor dining areas absent compliance with all state and local requirements.
CC.
Outdoor dining areas shall be kept in a good state of repair and maintained in a clean, safe and sanitary condition in accordance with Health Department regulations.
DD.
All plans and permits for the outdoor dining area approved by the City must be kept on the premises for inspection at all times the establishment is open for business.
EE.
The use of mist systems or other devices spraying water over the public right-of-way is prohibited.
FF.
Notwithstanding the terms of the Outdoor Dining Permit, no tables, chairs or barriers shall be placed nor food service provided over public property during the International Street Fair or other event deemed by the Director to be in conflict with outdoor dining.
The Director may, in his or her sole discretion, place additional conditions upon the issuance of the permit in order to ensure the protection of the public walkways and the rights of all adjoining property owners and the health, safety and general welfare of the public. |
(Ord. 8-01; Ord. 06-22, 2022; Ord. 18-25, 11/12/2025)
Each plaza dining zone shall contain a maximum of 48 seats in addition to any tables and chairs that may be accommodated adjacent to the subject restaurants and neighboring business' storefront(s) pursuant to the provisions of Section 12.18.080. These tables and chairs shall be allocated in the following manner:
A.
Plaza dining zone seats shall be divided equally among Outdoor Dining Permit applicants on an annual basis.
B.
Should any Outdoor Dining Permit applicant request fewer than their maximum share of seats, those remaining seats shall be made available by the City to other Outdoor Dining Permit applicants for the permit year.
C.
Seats in the plaza dining zones shall be reallocated at the time of permit renewal based on the number of applicants associated with any given dining zone.
D.
Negotiations and agreements related to the number of tables and chairs may only be conducted by the City. Any such agreement between businesses shall be considered invalid and in violation of any related Outdoor Dining Permit.
(Ord. 8-01)
Portable heating units may be used in the plaza dining zones subject to City of Orange Fire Department standards and Chapter 15.32 of this code.
(Ord. 8-01)
A.
As a condition of issuance, the permittee, and any person acting under or pursuant to said permit, agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the Director, the City, its City Council and each member thereof, and its officers, employees, advisory body members and representatives, from and against any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of any acts, negligence, errors or omissions (including, without limitation, professional negligence) of permittee, its employees, representatives, contractors, subcontractors, or agents by reason of or arising out of, or in any manner connected with, any and all acts, operations, privileges authorized, allowed or undertaken pursuant to the permit including, without limitation, any condition of property used in the operations.
B.
This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage sustained by any person or persons (including, but not limited to, companies, corporations, permittee and its employees or agents, and members of the general public).
C.
As a further condition of issuance of the permit, permittee covenants not to sue the Director, City, its City Council and each member thereof, and its employees, agents and representatives and shall cause its insurers to waive subrogation against the same with respect to any action, cause of action, claim or demand in any way resulting from or connected with any and all undertakings and operations conducted pursuant to the permit.
(Ord. 8-01)
Permittees shall maintain, during the life of the permit, comprehensive general liability insurance or commercial general liability insurance written on an occurrence basis providing for a combined single limit of: (1) $1,000,000.00; or (2) $500,000.00 per occurrence with $1,000,000.00 aggregate for bodily injury, death and property damage; or (3) $1,000,000.00 aggregate, separate for the restaurant for which the permit is to be issued. The policy shall provide that the City, its officers, agents, and employees are declared to be additional insureds under the terms of the policy. A policy endorsement to that effect shall be provided.
As a condition precedent to the issuance of a permit under Chapter 12.18 of the Orange Municipal Code, permittee shall furnish a certificate of insurance and additional insured endorsement evidencing the foregoing insurance coverage. Said insurance coverage shall be on a form acceptable to City Attorney, and shall provide that the insurance in force will not be canceled, modified or allowed to lapse without 30 days prior written notice to City.
Insurance maintained by permittee shall be issued by a company admitted to conduct the line of insurance business in the State of California and have a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide.
Permittee shall immediately notify the City if any required insurance lapses or is otherwise modified and shall cease the use of an outdoor dining area until such time as permittee satisfies its insurance obligations under the Outdoor Dining Permit and the Outdoor Dining Ordinance.
(Ord. 8-01)
The permittee shall pay an Encroachment Permit fee and Outdoor Dining Permit fee, on an annual basis, in conjunction with the filing of an Outdoor Dining Permit Application of an amount based upon the fee established by resolution of the City Council. Failure to pay the annual fees prior to the permit filing deadline shall cause a lapse in the Outdoor Dining Permit which terminates the privilege to operate an outdoor dining area. An application for a new permit must then be filed if the person wishes to restore the privilege to operate an outdoor dining area.
(Ord. 8-01)
Use of a public walkway under this chapter is on a temporary and nonpermanent basis, allowed as a special privilege, and not as a matter of right. A permit granted under this chapter is not a land use entitlement that runs with the land.
(Ord. 8-01)
The Director may notify the permittee in writing of a termination and specify the time within which the termination is to take place or, in the discretion of the Director, immediately terminate the permit without prior notice. Upon delivery of a notice of termination, the City shall have the right to require the immediate removal of all obstructions in the public walkway; and may perform such removal if the permittee fails to do so within such time as specified by the Director. The permittee shall reimburse the City for any expense incurred by the City in removing any obstruction in the event it is not removed by the permittee within the time required by the City. Should the permittee continue to use the public walkway after the permit has been terminated, the City may take appropriate action to restrain the use of the public walkway by permittee and, in such event, the permittee shall reimburse the City for its reasonable costs and expenses in connection therewith, including reasonable attorney's fees and court costs.
In the event a permit is terminated by the City, permittee is entitled to a pro rata refund of the annual permit fee.
(Ord. 8-01)
A.
A person desiring a permit for an outdoor dining area which has been the subject, in part or in whole, of a prior permit which has lapsed, been revoked or terminated shall file a new application and shall pay the Encroachment Permit and Outdoor Dining Permit fees specified by City Council resolution.
B.
The Director may refuse to issue such a permit for an outdoor dining area, if any applicant for repermitting fails to meet any requirements for a new permit, or if such person has failed or refused:
1.
To pay any fees for permits or charges as provided by this chapter; or to repair public improvements or other property damaged as a result of the occupancy of a public walkway; or
2.
To demonstrate readiness and willingness to comply with the terms of this chapter, with the standards promulgated pursuant to this chapter or with the terms of the permit.
C.
Any permit may be revoked or renewal thereof denied by the Director for any violation of any of the provisions of this chapter, for any fraud or misrepresentation in the application, adverse impacts on or to adjacent land uses, accumulation of three or more notices of violation within a permit year, or for any reason which would have been grounds for denial of the application.
(Ord. 8-01)
Any individual establishing, operating or maintaining an outdoor dining area without a valid permit issued pursuant to this chapter or who knowingly submits false information for the purposes of obtaining such a permit or who commits any violation of any provision of this chapter is guilty of a misdemeanor.
(Ord. 8-01)
A.
Notice of violation of the outdoor dining standards shall be made in writing to the permittee. The permittee will have 10 days to cure such default, or quit.
B.
Notice of violation of any standards of operation shall be made verbally or in writing to the permittee. Immediate abatement of such violation will be required by the permittee. Verbal notices of violation shall be followed by a written notice for purposes of establishing a record of violations at the discretion of the City official giving verbal notice.
C.
Violations of the terms of the Outdoor Dining Permit or any provision of these standards shall be kept on file by the City. Three notices of violations within one year shall constitute a basis for immediate closure of the outdoor dining area and revocation of the Outdoor Dining Permit. The City retains the right to revoke a permit upon 30 days notice regardless of conformance with these provisions.
D.
Upon termination of the Outdoor Dining Permit, the permittee shall remove all personal property, furnishings and equipment from the outdoor dining area.
E.
Any outdoor dining use within the Old Towne District must obtain an Outdoor Dining Permit within 90 days of the effective date of the ordinance codified in this chapter.
F.
If any permittee fails or refuses to abate any violation of this chapter that constitutes a public nuisance within the times prescribed herein, the City may abate the public nuisance, which may include the removal and storage of permittee's property.
(Ord. 8-01)
A.
Any person aggrieved by any action of the Director under this chapter may appeal the decision by filing with the City Clerk a statement addressed to the City Manager setting forth the facts and circumstances regarding the appealed action. The action of the Director shall stand until and unless overturned. The City Clerk shall notify the applicant, in writing, of the time and place set forth for the hearing on his or her appeal.
B.
The right to appeal from the action of the Director shall terminate upon the expiration of 15 days following the date written notification advising the applicant of the action of the Director and of his or her right to appeal such action.
C.
The hearing on the appeal shall be held within 20 City business days of the City Clerk's receipt of the appeal.
D.
The appellate hearing shall be presided over by a hearing officer selected by the City. A decision regarding said appeal shall then be issued no later than 10 City business days following said hearing. The decision of the hearing officer shall be final.
(Ord. 8-01)