3.76.040 Sidewalk café revocable encroachment permits.
A. Sidewalk cafés are permitted on a city sidewalk, boardwalk, alley, or pedestrian mall located in the public right-of-way, subject to issuance of a sidewalk café revocable encroachment permit under this section and compliance with the application, development, and operational requirements of this section.
B. Applications for a sidewalk café revocable encroachment permit shall be made to the city manager or designee. A completed sidewalk café revocable encroachment permit application must be accompanied by two sets of plans drawn to scale, consisting of site (plot) plan and elevation drawings of proposed outdoor dining facilities. The site plan must show the location of tables, chairs, accessory service facilities, perimeter barrier element, and any fixed elements on the sidewalk, boardwalk, alley, or mall within a twenty-five (25) foot radius around the sidewalk café area. Fixed elements include, but are not limited to, light and sign poles, trees and landscape strips, traffic signal poles, parking meters, raised planter curbs, tree-wells, flower pots, and waste containers. Plans must include the dimension of the clear zone, as defined in subsection E of this section, from outer perimeter of the sidewalk café fixture to nearest sidewalk fixtures. Elevation plans must show front and side view of sidewalk dining facilities, including all proposed above-grade improvements such as planter boxes, awnings, tables, and chairs.
C. A sidewalk café may be established only in conjunction with an adjacent restaurant use.
D. Sidewalk cafés shall not obstruct pedestrian traffic, accessibility to vehicles parked adjacent to the curb, or create public health or safety hazards.
E. A minimum four-foot clear zone outside the CBD special planning district and a minimum six-foot clear zone inside the CBD special planning district and inside the Old Sacramento business district are required between the outside edge of any sidewalk café fixture and any fixed element within the sidewalk, boardwalk, alley, or pedestrian mall right-of-way. Fixed elements include, but are not limited to, light and sign poles, trees and landscape strips, traffic signal poles, parking meters, raised planter curbs, tree-wells, flower pots, and waste containers. "Clear zone" means a pedestrian area that is maintained free of all obstructions.
F. The sidewalk café revocable encroachment permit holder is responsible for compliance with all federal and state laws relating to disabled access in the operation of a sidewalk café and in maintaining the clear zone required by subsection E.
G. No additional parking shall be required for sidewalk cafés permitted under this section.
H. Sidewalk cafés shall be used only as seating areas. Storage, kitchen, or restroom uses are not allowed. Tables and chairs must be movable unless otherwise approved by the city manager or designee.
I. Placement of tables and chairs shall be limited to the public right-of-way frontage adjacent to the associated restaurant use as determined by the city manager or designee. All tables and chairs for sidewalk cafés in the Old Sacramento business district must be approved in advance by the planning director or designee.
J. Service and consumption of alcoholic beverages in a sidewalk café shall comply with Chapter 9.04.
K. A decorative element separating the sidewalk café seating area from adjacent pedestrian traffic must be provided. The design and materials of this element must complement and be compatible to the architectural design of the restaurant building façade or of a design that adds visual interest to the streetscape. Decorative elements within the Old Sacramento business district must be approved in advance by the planning director or designee.
L. Sidewalk cafés may be uncovered, partially covered, or fully covered by means of umbrellas, awnings or canopies. Awning or canopy material covering a sidewalk café shall be temporary or retractable and may extend into the public right-of-way from the face of the building up to the maximum clear zone dimension of six feet. Width and height of awnings and canopies shall meet applicable building code requirements. Awnings, canopies and umbrellas must be made of fire-treated or nonflammable materials.
M. Decorative or accent lighting may be incorporated into the sidewalk café awning or canopy and shall meet all city code requirements.
N. Upon approval by the city manager or designee, the applicant shall obtain all required building and electrical permits prior to construction.
O. The permit issued under this section approving the sidewalk café and designating the allowed number of tables and chairs shall be displayed in a prominent location easily accessible to the public. (Ord. 2016-0030 § 1; Ord. 2013-0021 § 4; Ord. 2010-032 § 1; Ord. 2000-017 § 2(k)(iv) (Exh. E); Ord. 2000-013 § 1; prior code § 12.04.083)
