CITY OF SOUTH SAN FRANCISCO SIDEWALK DINING CRITERIA AND STANDARDS As Recommended by the Planning Commission on August 7, 2008

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1 Purpose CITY OF SOUTH SAN FRANCISCO SIDEWALK DINING CRITERIA AND STANDARDS As Recommended by the Planning Commission on August 7, 2008 Consistent with policies in the General Plan and the goals and objectives of the Redevelopment Plan for the Downtown/Central Redevelopment Project, the City wishes to allow the operation of sidewalk dining in conjunction with food and beverage establishments in the downtown area to provide for increased activity, revitalization, and business opportunities. Sidewalk Dining, which would be subject to a Sidewalk Dining Permit and adherence to the City s Sidewalk Seating Standards, would be conducted on sidewalks located within the City right-of-way. The City has developed specific criteria and guidelines to ensure that the health, safety and welfare of the public is protected with the least imposition on pedestrians, vehicular movement, and downtown business patrons and proprietors. Criteria and Standards A. Permit Required. A sidewalk dining permit, which is a revocable encroachment permit, shall be required for any tables, chairs, benches or other appurtenances placed in the public right-of-way for the purpose of establishing a sidewalk dining area. The Zoning Administrator shall issue said permit upon finding that all standards and requirements of this section have been met. Applications for sidewalk dining where the dining area is located parallel to the curb or where alcoholic beverages will be served shall also require a use permit. B. Hours of Operation. Hours of operation shall be limited to the hours of operation of the associated indoor dining establishment, but shall not be permitted earlier than 7:00 a.m. or later than 10:00 p.m. C. Procedure. 1. Establishment of a sidewalk dining area shall require issuance of a sidewalk dining permit by the Zoning Administrator or Planning Commission. The Zoning Administrator or Planning Commission may establish conditions of approval for the sidewalk dining permit as necessary for conformance with the requirements of this section. 2. The sidewalk dining permit is nontransferable and, unless revoked, shall remain valid for one (1) year from the date of issuance. 3. In order to continue operation of a sidewalk dining area beyond the term of the permit, the owner/operator shall submit a new application for a sidewalk dining area. 4. Applications shall be submitted on the prescribed form to the Zoning Administrator. D. Standards. The following standards shall be met for the establishment and maintenance of a sidewalk dining area within the public right-of-way. 1. Physical Requirements.

2 a. An unobstructed sidewalk clearance of four-feet shall be maintained for pedestrians at all times from the edge of any table, chair, bench, planter, or other appurtenances used as part of a sidewalk dining area (see Figure 1). b. Where the sidewalk dining area is located adjacent to the street, and in addition to the requirements stated in1(a) above, an eighteen-inch clearance shall be maintained from the face of the curb to the sidewalk dining area unless there is parking parallel to the street, in which case a two-foot clearance is required (see Figure 1). c. No sidewalk dining area shall obstruct any points of building ingress and/or egress. d. On a corner lot, no sidewalk dining area shall be located within the area bound by the extensions of the corner building walls between the building and the curb. e. All sidewalk dining furniture and appurtenances shall be removed at the close of each business day. No storage of materials on sidewalks is allowed. f. No portion of a sidewalk dining area shall be permanently attached to the sidewalk or building. g. Any umbrella, heater, or similar feature used in a sidewalk dining area shall be safely secured. h. The establishment shall utilize the same utensils and dishes for sidewalk dining as used for indoor dining areas to minimize the amount of disposable service ware. i. Sidewalk seating is exempt from the parking requirements of SSFMC Chapter Design. a. The design and appearance of all proposed improvements or furniture, including but not limited to tables, chairs, benches, umbrellas and planters, to be placed in the sidewalk dining area shall present a coordinated theme and be compatible with the appearance and design of the building, as determined by the Zoning Administrator. b. The design of all improvements and furniture shall be of a quality to sustain weather and wear, shall be of a material other than molded plastic, and shall be of natural finishes or dark colors. c. Planters and planter boxes, if used as temporary dividers, must be planted and maintained with live plants. d. No signs shall be permitted in connection with a sidewalk dining area (including sign copy on umbrellas) except as may be required by the City or Department of Alcoholic Beverage Control for reasons of public health or safety, or unless as approved by the Zoning Administrator as part of the application.

3 e. No entertainment or use, operation, or playing of any musical instrument, loudspeaker, sound amplifier, or other machine for the production or reproduction of sound is permitted in the sidewalk dining area. f. No electrical appliances, heating or cooking of food or open flames shall be allowed in the sidewalk dining area. Use of portable heating devices may be permitted with approval from the Fire Marshal. 3. Maintenance. a. The permittee and the property owner shall maintain the sidewalk 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. This shall include all tables, chairs, benches, planters, or other appurtenances placed in the public right-of-way. Provisions shall be made for trash receptacles to serve the sidewalk dining area, subject to the approval of the Zoning Administrator. b. Activities involving the sidewalk dining area shall be conducted in a manner that does not interfere with pedestrians, parking or traffic. c. The permittee shall ensure that the sidewalk dining area is limited to business patrons. d. The permittee and the property owner shall be responsible for preventing excessive noise to ensure minimal or no intrusion on the merchants and inhabitants of downtown. e. If necessary, the permittee 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. f. Umbrellas shall be kept clean and in good condition, secure in windy conditions, and fire-treated. 4. Special standards for sidewalk dining areas with alcoholic beverage service. a. A use permit shall be required for all sidewalk dining areas serving alcoholic beverages. b. Alcoholic beverages may only be served in sidewalk dining areas which are established in conjunction with a restaurant. For purposes of this section, a restaurant is a Full Service Eating and Drinking Establishment, as defined in Section of the City of South San Francisco Zoning Code. c. Sidewalk dining areas shall be defined by an enclosure of no more than three (3) feet in height measured from the ground or sidewalk level and no less than one (1) foot. Enclosures shall be designed in compliance with ADA accessibility guidelines and

4 shall provide safe pedestrian access to the public right of way and designated parking spaces. The enclosure shall be compatible with the appearance and design of the associated building and sidewalk dining area. Such enclosure shall be portable and may consist of planters, removable bollards or similar features which involve no alteration or damage to the sidewalk. d. All entrances/exits of the sidewalk dining area shall be posted with signs stating that alcoholic beverages must be kept within the sidewalk dining area at all times. In addition, small cards shall be placed on each table giving notice that removal of alcoholic beverages from the sidewalk dining area is not allowed. e. The capacity of the sidewalk dining area shall be limited to the number of seats approved in the sidewalk dining permit. f. Provisions for the storage and/or preparation of alcoholic beverages shall not be permitted in the sidewalk dining area. g. Empty beverage containers shall be removed from the sidewalk dining area as soon as possible. h. A license shall be obtained from the Department of Alcoholic Beverage Control (ABC) prior to the operation of a sidewalk dining area serving alcoholic beverages and shall be maintained continuously as long as alcoholic beverages are served in the sidewalk dining area. Loss of such license shall automatically constitute termination of the City permit to serve alcoholic beverages in the sidewalk dining area. E. Indemnification/Insurance. The permittee shall defend, indemnify and hold harmless the City and its officers and employees from and against all claims, losses, damage, injury and liability for damages arising from the permittee s use of the public right-of-way. The permittee shall provide to the City, in a form and in amounts acceptable to the City Attorney, certificates of insurance substantiating the existence of a general liability policy covering the area subject to the permit. F. Temporary Suspension of Permit. The Director of Public Works shall have the right to suspend or prohibit the operation of a sidewalk dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems or conflicts may arise from, but are not limited to, scheduled festivals, parades, marches and similar special events; repairs to the street, sidewalk or other public facility; or from demonstrations or emergencies occurring in the area. To the extent possible, the City will give prior written notice of any time period during which the operation of the sidewalk dining area must be suspended. G. Violation of Conditions. 1. Any sidewalk dining that is initiated, operated, or maintained contrary to the provisions of this chapter, including but not limited to operating without required permits, unlawfully obstructing the public right-of-way, or failure to adequately maintain and clean the sidewalk dining area, shall

5 be deemed a public nuisance and subject to Enforcement, Penalties, and Legal Procedure, pursuant to Section of the City s Zoning Ordinance. H. Revocation and Modification of Permits. If at any time a sidewalk dining area interferes with the public use of the sidewalk, the Zoning Administrator may review, modify or revoke the sidewalk dining permit. A sidewalk dining permit issued pursuant to this section is subject to Section 20.91, Revocation and Modification of Permits. Any modification, suspension or revocation is subject to the appeal procedures outlined in Section

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