The purpose of the regulations and standards in this article
are to promote safe and visually appealing opportunities for outdoor
dining within the City of Ojai.
(§ 1, Ord. 720, eff. December 25, 1997)
Unless the provisions or the context otherwise requires, the
following definitions shall govern this article:
means the City of Ojai.
means a permit issued by the Planning Commission for a specific
use not usually allowed in a zone, with conditions that govern design,
construction, operations and other aspects of a proposed development
project
means the Director of Public Works.
means the use of City sidewalks and public rights-of-way
for the consumption of food or beverages in conjunction with the operation
of a food service establishment properly licensed for such service
under state and county health regulations and which provides on-premises
customer seating.
means a permit issued by the Director permitting the encroachment
upon and use of the public right-of-way for outdoor dining.
(§ 1, Ord. 720, eff. December 25, 1997)
Outdoor dining is not permitted within the City without an outdoor dining permit unless the establishment qualifies for an exemption under Section 7-1.704.
(§ 1, Ord. 720, eff. December 25, 1997)
Food establishments that primarily provide take-out service
are exempted from the provisions of this article provided that their
outdoor facilities are limited to no more than two chairs and one
table or one bench. Such establishments shall apply for an encroachment
permit from the Public Works Department pursuant to this chapter.
(§ 1, Ord. 720, eff. December 25, 1997)
Outdoor dining shall require a conditional use permit pursuant to Section 10-2.2002 of this Code, in addition to the outdoor dining permit required by this article and shall be in compliance with all adopted rules and regulations for outdoor dining.
Outdoor dining may be permitted where, in the opinion of the
Director, traffic and pedestrian safety is compatible with outdoor
dining. All Outdoor dining areas must be adjacent to and incidental
to the operation of a food service establishment providing on-premises
customer seating properly permitted for such service pursuant to state
and county health regulations. Use of the sidewalk or public right-of-way
must be confined to the actual sidewalk and public right-of-way frontage
of the restaurant or food service building.
(§ 1, Ord. 720, eff. December 25, 1997)
Outdoor dining is permitted only where, in the opinion of the
Director, the sidewalk is wide enough to adequately accommodate both
the usual pedestrian traffic in the area and the operation of the
proposed outdoor dining. Each application request will be field reviewed
by the Director or his or her designee to determine the width of sidewalk
which shall remain clear and unimpeded for pedestrian traffic.
(§ 1, Ord. 720, eff. December 25, 1997)
Outdoor dining is a revocable encroachment permit granted by
the City. The City shall have the right, acting through the Director,
to suspend the operation of outdoor dining at any time because of
anticipated or actual conflicts in the use of the sidewalk area or
right-of-way. Such conflicts may arise from, but are not limited to,
scheduled festivals or similar special events, parades or marches,
repairs to the street or sidewalk, or from emergencies occurring in
the area.
To the extent possible, the permittee shall be given prior written
notice of any time period during which the operation of the outdoor
dining will be suspended by the City.
(§ 1, Ord. 720, eff. December 25, 1997)
The Director shall issue an outdoor dining permit pursuant to
administrative regulations adopted by resolution of the Planning Commission
and City Council.
At a minimum such regulations shall determine and require the
following:
(a)
The
approval and execution of a standard permit and hold harmless agreement
in a form acceptable to the City Attorney;
(b)
Proof of insurance naming the City as additional insured as set forth in Section 7-1.106 of this chapter in an amount of not less than $500,000 combined single limits;
(c)
Special
site conditions as are needed or desirable;
(d)
Whether
the design for seating and signage meets the minimum standards of
the established regulations;
(e)
Such
other conditions as are necessary for public safety or to protect
public improvements.
(f)
Conditions
necessary to restore the appearance of the sidewalk or right-of-way
on termination of use;
(g)
Compliance
with the applicable City building, signage, zoning and design review
requirements;
(h)
Approval
by the Planning Commission of a conditional use permit; and
(i)
The
payment of an appropriate permit application and encroachment fee
in an amount established by resolution of the City Council.
(§ 1, Ord. 720, eff. December 25, 1997)
The maximum term of an outdoor dining permit shall be one year.
Thereafter, the Director may extend the permit for additional periods,
not to exceed one year each, following review and approval of the
operation of the outdoor dining business. If the Director considers
additional or revised conditions necessary to carry out the intent
of this chapter, such new conditions may be imposed upon the extension,
including the imposition of a permit renewal fee.
(§ 1, Ord. 720, eff. December 25, 1997)
Permits issued pursuant to the authority of this Chapter shall
be nontransferable from one owner to another.
(§ 1, Ord. 720, eff. December 25, 1997)
The provisions of Section 7-1.130 of this chapter shall be applicable to the issuance of an outdoor dining permit.
(§ 1, Ord. 720, eff. December 25, 1997)
An outdoor dining permit may be cancelled by the Director for the reasons set forth in Section 7-1.213 of this chapter.
(§ 1, Ord. 720, eff. December 25, 1997)
The provisions of Section 7-1.224 of this chapter shall be applicable to outdoor dining.
(§ 1, Ord. 720, eff. December 25, 1997)
Any appeal of a decision by the Director concerning the refusal
or revocation of an outdoor dining permit, or conditions attached
to such permit, shall follow the provisions of Article 8 of this chapter.
(§ 1, Ord. 720, eff. December 25, 1997)
