20.80.895

All conversions of parking to outdoor dining or other outdoor activity area must comply with the following conditions: 1. Outdoor dining or other outdoor activity areas shall be designed to maintain necessary clearances for circulation and access to public right-of-way; and 2. In areas no longer used for parking, wheel stops and striping shall be removed; and 3. Circulation and drive aisles shall be modified as necessary to ensure continuous safe operation of the remaining parking and drive aisles; and 4. Seating areas shall be differentiated from parking area through grade differentials (minimum 6 inches) or permanent barriers that are architecturally consistent with the site; and 5. Driveways and curb cuts that are no longer utilized shall be removed; and 6. Chain link fencing is prohibited; and 7. Outdoor dining area or other outdoor activity areas must not have electrical cords that may cause injury; and 8. The existing facility must meet on-site bicycle parking requirements per Chapter 20.90 , Part 2.5; and 9. A maximum of fifty (50) seats and 800 square feet may be allowed per establishment; and 10. If the dining area or other outdoor activity area will include a temporary canopy larger than 700 square feet or a tent larger than 400 square feet in the outdoor dining area, it will also require a permit from the San José Fire Department; and 11. For outdoor dining or other outdoor activity area outside of downtown that is within 150 feet of residentially zoned property, no amplified sound is allowed unless the outdoor dining or other outdoor activity area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet. If the outdoor dining or other outdoor activity area is completely separated from residentially zoned property by a non-residential building or by a minimum distance of one hundred feet that includes a public street with a minimum public right-of-way dimension of eighty feet, amplified sound is permitted where it is not audible to adjacent sites; and 12. For outdoor dining or other outdoor activity area that is not within 150 feet of a residential zoning district no amplified sound that is audible to adjacent sites with the exception of downtown. No amplified sound that is disturbing or unreasonably loud to persons on neighboring property shall be audible to adjacent sites in downtown; and 13. The outdoor dining or other outdoor activity area shall not produce any noise that does not comply with the performance standards of the Zoning district it is situated within; and 14. Outdoor dining or other outdoor activities shall not operate between the hours of 12:00 midnight and 6:00 a.m.; Where the outdoor dining and other outdoor activities is within 150 feet of a residential zoning district the use shall not operate between the hours of 9:00 p.m. to 7:00 a.m. on Monday through Thursday, and 10:00 p.m. to 7:00 a.m. on Friday through Sunday; and 15. The outdoor dining or other outdoor activity area is operated in a manner that does not create a private or public nuisance; and 16. Project must be in conformance with the relevant Airport Comprehensive Land Use Plan, where applicable. (Ords. 30857, 31079.)