A.
Notwithstanding Section 9.48.010 of this Code, outdoor business facilities may be located in the roadway portion of the State Street Promenade adjacent to a business premises in compliance with this section and all of the following:
1.
An
unobstructed width of not less than 20 feet and an unobstructed vertical
clearance of not less than 13 feet six inches shall be maintained
for fire and emergency vehicle access within the Promenade roadway
as determined by the Fire Marshal and the City Traffic Engineer. In
addition, an unobstructed area between the curb and the middle of
the roadway shall be maintained in the areas in front of the buildings
at 735, 820, and 1214 State Street as determined by the Fire Marshal.
The City Traffic Engineer is directed to maintain a map or diagram
of the unobstructed areas required by this paragraph.
2.
Before
installing and as a condition of maintaining and operating an outdoor
business facility, the owner of the facility must execute an outdoor
business facility license agreement in a form approved by the Public
Works Director and the City Attorney. The owner must comply at all
times with all requirements of the agreement including payment of
the license fee. The amount of the license fee will be as determined
by City Council resolution.
3.
The
owner of the outdoor business facility must construct, operate, and
maintain the outdoor business facility in compliance with the applicable
accessibility provisions of the Americans with Disabilities Act and
Chapter 11B of Title 24 of the California Code of Regulations. The
Public Works Director may require an owner to submit a report by a
person certified under California Government Code Section 44559.5
(commonly referred to as a "CASp") demonstrating compliance with this
requirement.
4.
The owner must comply with the regulations promulgated by the City Administrator under Section 31.30.040.
5.
An
outdoor business facility may be operated between 7:00 a.m. to 12:30
a.m., unless an earlier closing time is required as a condition of
the Alcoholic Beverage Control liquor license or the City land use
permit for the establishment.
6.
Outdoor
cooking facilities are prohibited. Portable heaters and lighting are
permitted as approved by the Fire Marshal.
7.
Service
of alcoholic beverages is permitted as authorized by and subject to
the requirements of the license issued for the business by the California
Department of Alcoholic Beverage Control or as otherwise authorized
by state law.
B.
By
placing facilities, equipment, or furnishings under this section,
the owner assumes all risk and agrees to defend, indemnify, and hold
harmless the City and its officers, employees, and agents from and
against any liability arising from the existence, use, or condition
of the facilities, equipment, or furnishings.
C.
The
owner must maintain insurance at coverage limits and with conditions
thereon determined from time to time by the Risk Manager. The owner
must maintain a current certificate of insurance on file with the
Risk Manager. The certificate of insurance must be provided to the
City before approval of an outdoor dining license agreement as required
under subsection A.2. of this section.
(Ord. 6125, 2023)
B.
Outdoor business facilities within the roadway in compliance Section 31.30.010 are exempt from the requirements of Chapter 9.95. Within the sidewalk and street furniture area, outdoor dining facilities may be licensed and permitted under Chapter 9.95 within the frontage of a business provided that the remainder of the sidewalk remains accessible to persons with disabilities as required by state and federal law and an outdoor dining license has been issued under Chapter 9.95. Service of alcoholic beverages within an outdoor dining area permitted under this subsection is allowed subject to the requirements of the license issued for the business by the state Department of Alcoholic Beverage Control.
C.
Farmers'
markets may be authorized as provided in Section 9.48.010.C.2 of this
Code.
D.
The
City Administrator may authorize the Downtown Organization and City
departments to sponsor events, activities, and arts and crafts shows.
(Ord. 6125, 2023)
Nothing in this chapter or any regulation promulgated under
it vests or confers any right to continue any activity or use authorized
thereunder. All outdoor business facilities within the Promenade are
considered temporary and are subject to removal upon demand of the
City.
(Ord. 6125, 2023)
A.
Outdoor
business facilities existing on June 27, 2023, in compliance with
Ordinance No. 6055, may continue to operate in compliance with this
chapter and the City's Requirements for Operating a Business
on the Temporary State Street Promenade in effect on June
27, 2023. If new regulations are adopted, the facilities must be brought
into conformity with the new regulations according to a schedule established
in the regulations.
B.
New
outdoor business facilities may be installed in compliance with the
City's Requirements for Operating a Business on the Temporary
State Street Promenade in effect on June 27, 2023, including
all the aesthetic design provisions of those guidelines. If new regulations
are adopted, the facilities must be brought into conformity with the
new guidelines according to a schedule established in the regulations.
C.
Outdoor
business facilities may be established and maintained under this chapter
on Victoria Street between State Street and Chapala Street and the
1300 block of State Street so long as the City Administrator, in consultation
with the Fire Marshal and the City Traffic Engineer, authorize continuation
of modified traffic patterns in those areas, and on the 400 block
of State Street.
D.
The
City Administrator is authorized to promulgate new or amend existing
regulations for the placement, operation, and maintenance of outdoor
business facilities consistent with the provisions of this chapter.
The regulations or amendments will be effective upon approval by the
City Council.
(Ord. 6125, 2023)
A.
The Public Works Director may immediately remove and dispose of any outdoor business facility for which an outdoor business facility license has not been issued under Section 31.30.010. The owner is responsible for payment to the City of the cost of removal and disposal.
B.
In addition to any enforcement remedy under Chapters 1.25 or 1.28 of this Code, the authorization under this chapter shall be suspended or revoked for any business that is subject to more than two enforcement notices of violation or other enforcement actions upon written notice by the Public Works Director or a city employee designated by the Public Works Director for enforcement of this chapter. A business owner may appeal a suspension or revocation to the City Administrator by filing a written appeal within seven days of the date of the notice. The decision of the City Administrator is final. Notices under this subsection may be given to the address of the person stated on the outdoor business facility license or posted on the outdoor business facility.
(Ord. 6125, 2023)
This chapter will remain in effect until the date of adoption
of a master plan for downtown State Street or until December 31, 2026,
whichever is earlier, unless before that date this section is amended
or repealed.
(Ord. 6125, 2023)
