§ 15-2744. OUTDOOR DINING AND PATIO AREAS.

Eating and drinking establishments, including bars, nightclubs, and smoking establishments, with outdoor dining and/or patio areas shall be located, developed, and operated in compliance with the following standards:

A.

General Requirements.

1.

Application Information. In addition to any other application materials required, an application for an outdoor dining area shall state the anticipated periods of use during the year, and the proposed hours of daily use, including Saturdays, Sundays, and holidays; and whether any liquor will consumed.

2.

Hours of Operation. Hours of operation shall be limited to the hours outlined in Table 15-2744-A.

TABLE 15-2744-A ALLOWED HOURS OF OPERATION
Hours of Operation	Outdoor Area Hours of Operation
Establishments not serving alcohol
Establishments closer than 100 feet from Residential Districts	Not earlier than 7 a.m. or later than 10 p.m.
Establishments further than 100 feet from Residential Districts	Not earlier than 7 a.m. or later than 12 a.m.
Establishments further than 250 feet from Residential Districts	No limitations
Establishments serving alcohol
Refer to Section 15-2751, Restaurants with Alcohol Sales, Bars, Nightclubs and Lounges
Establishments closer than 250 feet from Residential Districts	Not earlier than 7 a.m. or later than 10 p.m.
Establishments further than 250 feet from Residential Districts	No limitations
Smoke/Hookah/Cigar Lounges
Establishments 250 feet or closer from Residential Districts	Not earlier than 7 a.m. or later than 12 a.m.
Establishments further than 250 feet from Residential Districts	No limitations

 

Distance measured from the establishment to the nearest residential property line. Excludes residential use in the same development.

3.

Misters/Heaters. Misters, heaters, and other such devises for moderating temperatures of the outdoor dining area shall be permitted at the discretion of the Review Authority based on considerations such as aesthetics, safety, and resource efficiency.

4.

Lighting. Lighting shall not disrupt or unnecessarily impact adjoining properties or roadways. See Section 15-2015, Outdoor Lighting and Illumination.

5.

Residential Spacing. Outdoor patio areas for hookah, cigar, and similar establishments shall not operate within 100 feet of a Residential District.

B.

Outdoor Dining Area on Private Property.

1.

Music. Music may not be amplified. All music, live or recorded, shall comply with all applicable noise standards.

2.

Barriers.

a.

If required and/or proposed, barriers shall be reviewed and approved by the Review Authority. Barriers shall not exceed four feet in height.

b.

If alcohol is served, barriers may be required as part of the Conditional Use Permit process, as well as by the State of California Alcoholic Beverage Control.

3.

Shade Structures.

a.

Covers, including umbrellas, tents, and/or awnings to protect patrons from inclement weather are permitted subject to review and approval by the Review Authority. Weathered and/or damaged coverings shall be removed immediately.

b.

Enclosed tents are permitted year round, however they shall only be permitted on a temporary basis and shall not substitute for permanent structures.

c.

A building permit is required for any temporary tent or canopy larger than 400 square feet.

4.

Access and Walkways.

a.

Outdoor dining areas shall not interfere with required pedestrian and/or vehicular access.

b.

Walkways shall be provided per California Code of Regulations, Title 24, Part 2, California Building Code.

5.

Parking.

a.

Additional parking is not required when the outdoor area is less than 800 square feet.

b.

If the outdoor dining area exceeds 800 square feet, parking is required for the area in excess of 800 square feet at a ratio of 50 percent of what is required for the use.

c.

For centers with multiple tenants, each tenant may have up to 800 square feet of outdoor dining area.

C.

Outdoor Dining Area within Public Right-of-Way.

1.

Permit Required. A Zone Clearance is required for any outdoor dining/seating located in the public right-of-way. An encroachment permit approved by the City Engineer is required for any furniture or structures which are permanently attached to the public right-of-way.

2.

Music.

a.

Downtown Districts. Amplified sounds from the establishments must not be audible from a distance of 200 feet outside of the outdoor dining area.

b.

All Other Districts. Amplified sounds from the establishments must not be audible at the property line.

3.

Barriers. Barriers must be in a manner acceptable to the City Engineer, and the design must be approved by the Review Authority.

4.

Shade Structures and Furniture.

a.

No part of an outdoor dining area shall be permanently attached to the sidewalk or building unless authorized by the Review Authority.

b.

Awnings or umbrellas may be used in conjunction with an outdoor eating area. Permanent covered shade structures and awnings shall obtain a building permit.

c.

The design of all improvements and furniture shall be of a quality to sustain weather and wear, and shall be of a material other than molded plastic. Furniture shall be of durable materials such as wrought iron, wood, steel, or cast aluminum. Planter boxes, where used, shall be of quality materials such as precast concrete, terra cotta, or other pottery, and shall not be of plastic.

5.

Access and Walkways.

a.

A minimum of six feet of unobstructed sidewalk must remain available for pedestrians. For purposes of the minimum clear path, parking meters, traffic signs, trees, planters, benches, and all similar obstacles shall constitute obstructions within the sidewalk area.

b.

Where the outdoor dining area is located adjacent to a street, and in addition to obtaining an encroachment permit, an 18-inch clearance shall be maintained from the face of the curb to the outdoor dining area unless there is parking parallel to the street, in which case a two-foot clearance is required.

c.

No outdoor dining area shall obstruct any points of building ingress and/or egress.

6.

Parking. Additional parking is not required when dining is within the public right-of-way.

7.

Maintenance.

a.

The permit holder and the property owner shall maintain the outdoor dining area and the adjoining street, curb, gutter, and sidewalk in a neat, clean, and orderly condition at all times, regardless of the source of the refuse and litter.

b.

If necessary, the permit holder or the property owner shall clean the surface of the sidewalk by washing or buffing to remove any stains, marks, or discoloration to the satisfaction of the Department of Public Works and in accordance with prevailing storm water and water quality regulations.

c.

Umbrellas shall be kept clean and in good condition, secure in windy conditions, and fire-treated.

8.

Insurance. An applicant for a permit for an outdoor dining area shall, prior to issuance of such a permit, provide and maintain in full force and effect while the permit is in effect, public liability insurance in an amount specified by the City Manager or designee sufficient to cover potential claims for bodily injury, death, or disability and for property damage, which may arise from or be related to the use of sidewalk area for outdoor dining purposes, naming the City of Fresno as an additional insured.

9.

Use of Property/Public Right-of-Way for Purposes of Operating an Outdoor Dining Area. The applicant shall be charged a fee for use of the area to be included in the outdoor dining area, as set by City. In addition, the applicant shall enter into an agreement with the City, which shall contain a provision that the permit is wholly of a temporary nature, that it vests no permanent right whatsoever, that upon 30 days' notice, posted on the premises, or by publication in the official newspaper of the City, or without such notice, in case the permitted use shall become dangerous or unsafe, the same may be revoked and the sidewalk furniture ordered removed. Every such agreement shall be filed for record with the Office of the County Clerk.

10.

Suspension of Permit. The City shall have the right to suspend or prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2016-32, §§ 28, 29, eff. 10-21-16).