Comparison of Regulations in Proposed Ordinance and Regulations in Pop Up Patio Permit Process Regulation in Ordinance Change from PUP Permit
Process
Purpose and Applicability. The purpose of this section is to establish a streamlined permitting process and simplified standards for the establishment and operation of outdoor commercial patios, as defined in FMC 18.25.2185. Outdoor commercial patios may be located on private property, on public sidewalks, or within parking spaces on public streets.
No changes from PUP
permit process
Allowance. Outdoor commercial patios are a permitted use within any zoning district, provided that they are located in conjunction with an existing and properly permitted eating place, retail business, personal services establishment, or other similar use, except that in no case shall an outdoor commercial patio be established in conjunction with the following uses:
a. Restricted retail businesses, including adult-oriented businesses, firearms dealers and gunsmiths, head shops, pawn shops, and retail tobacco stores. b. Massage establishments.
c. Any business that operates under a zoning administrator permit or conditional use permit. Such businesses shall apply for outdoor operations through the applicable use permit amendment process specified in Section
18.275.090 for zoning administrator permits and Section 18.230.090 for conditional use permits, rather than through this section. Applications for a use permit amendment shall be reviewed pursuant to the requirements of this section in addition to all otherwise applicable codes.
New requirement for
businesses with a ZAP or
CUP in order to align with
City zoning requirements
Procedure. An outdoor commercial patio shall not be established or maintained unless an approved outdoor commercial patio permit has been issued and is in full force and effect.
No changes from PUP
permit process
Submittal Requirements. The application for an outdoor commercial patio permit shall be submitted on a form prescribed for that purpose by the city. The application shall include all required fees and all information and materials required by the city. Applications involving outdoor commercial patios on private property may only be filed with the written consent of the property owner.
No changes from PUP
permit process
Ministerial Approval. The zoning administrator or designee shall approve an application for a ministerial outdoor commercial patio permit when the applicant has demonstrated that they would meet all standards of this section.
No changes from PUP
permit process
Approvals Run with Operator. The outdoor commercial patio permit shall run with the operator of the patio. In the case that the original operating business ceases operations and a new business wishes to operate the patio, that new business shall apply for a new outdoor commercial patio permit pursuant to this section.
No changes from PUP
permit process
Existing Temporary Patios. Existing temporary patios permitted through the City’s Special Events Permit process pursuant to FMC Chapter 12.25 shall be permitted to operate through December 31, 2022, at which point they shall cease operations.
No changes from PUP
permit process
Operational Standards Applicable to All Outdoor Commercial Patios.
The applicant must maintain the outdoor commercial patio and any adjacent parking areas, streets, curb, gutter, and sidewalk in a neat, clean and orderly condition at all times.
No change from PUP
program
The business shall provide at least one each of trash, recycling, and compost receptacles to serve the outdoor commercial patio. Receptacle(s) that are located inside the business may meet this requirement if they are accessible to the general public, or if tables will be bussed for customers.
No change from PUP
program
Outdoor commercial patio furniture shall be removed daily after business hours, No change from PUP except that planters or other approved barriers may remain if they are unable to be easily removed.
program
Customers using an outdoor commercial patio shall be granted access to use any indoor restroom facilities provided for customers inside the associated business.
Placement of portable toilets within an outdoor commercial patio is not permitted.
No change from PUP
program
Barbeques, grills, stoves, or other outdoor cooking appliances are not permitted for use within outdoor commercial patio areas. Portable outdoor heaters may be permitted.
No change from PUP
program
Outdoor commercial patios are subject to all otherwise established regulations regarding noise, including FMC Section 9.25 and FMC Section 18.188.
More permissive than PUP
program
Development Standards Applicable to All Outdoor Commercial Patios.
Outdoor commercial patios, and any associated structures, portable heaters, and utility extensions, must comply with the requirements of the California Fire and Building Codes, including California Building Code, Title 24, Chapter 11B, as amended.
New requirement due to
Building and Fire Code
requirements for permanent
installations
Outdoor commercial patios shall be generally located within the area fronting the associated business establishment. Such areas may be extended beyond the frontage only with the written approval of any affected business owner where the proposed patio(s) directly front.
No change from PUP
program
The aggregate area of outdoor commercial patio space associated with a specific operator shall not exceed 750 square feet.
New requirement due to
Building and Fire Code
rules for Assembly
occupancies
The outdoor commercial patio shall not obstruct sidewalks, accessible paths of travel, or pedestrian pathways. Four-foot unobstructed clearance shall be maintained on any adjacent sidewalk or pedestrian pathway.
No change from PUP
program
The outdoor commercial patio shall not conflict with easements, obstruct access to storm inlets, manholes, utility access points, or above grade utility structures.
No change from PUP
program
Barriers constructed in association with an outdoor commercial patio shall be selected from a list of approved barriers administratively developed and maintained by the City of Fremont Department of Public Works.
New requirement to
enhance patio aesthetics
Additional Development Standards Applicable to Outdoor Commercial Patios in Private Parking Lots.
Off-street parking spaces may be converted into an outdoor commercial patio without regard for the parking requirements for the associated use in FMC Section
18.183. No additional parking is required for an outdoor commercial patio area.
No change from PUP
program
No more than four parking spaces shall be converted into an outdoor commercial patio.
More permissive than PUP
program
Drive aisles shall not be converted into outdoor commercial patios unless at the end of a parking module. In such cases, a turnaround space shall be provided for vehicles.
No change from PUP
program
Additional Development Standards Applicable to Outdoor Commercial Patios on City Sidewalks.
Outdoor commercial patios shall not be permitted on sidewalks in street corner locations, which are those rectangular areas bounded on two sides by the curb line and on two sides defined by projecting lines, drawn at right angles to one another, from the corner point of the building to the curb line.
No change from PUP
program
No portion of the outdoor commercial patio shall be permanently attached to the sidewalk.
No change from PUP
program
Additional Development Standards Applicable to Outdoor Commercial Patios within On-Street Parking Spaces.
The outdoor commercial patio shall not interfere with traffic. Obstruction of vehicle traffic lanes, bicycle lanes, or bus stops is prohibited.
No change from PUP
program
The outdoor commercial patio shall not interfere with fire safety infrastructure. The outdoor commercial patio shall not be located within 15 feet of a fire hydrant (30 feet total). The outdoor commercial patio shall not encroach upon a fire department No change from PUP
program
access road or fire lane.
The outdoor commercial patio shall be set back from the street corner by at least twenty feet, unless protected by a bulb-out or similar feature.
No change from PUP
program
The outdoor commercial patio shall be located on a street with a running slope of 5% or less.
No change from PUP
program
The outdoor commercial patio shall be located at least ten feet from a driveway opening.
No change from PUP
program
No portion of the outdoor commercial patio shall be permanently attached to the street.
No change from PUP
program
Additional Standards for Outdoor Commercial Patios with Alcoholic Beverage Service.
A license shall be obtained from the Department of Alcoholic Beverage Control (ABC) prior to the operation of an outdoor commercial patio area serving alcoholic beverages and shall be maintained continuously as long as alcoholic beverages are served in the outdoor commercial patio area. Loss of such a license shall automatically constitute termination of the permit to serve alcoholic beverages in the outdoor commercial patio area.
No change from PUP
program
The outdoor commercial patio area shall be physically separated from adjacent areas by a barrier no greater than three feet and no less than 30 inches in height, unless a different barrier is mandated by state law.
New requirement for PUPs;
aligns with existing
Sidewalk Dining
Ordinance.
Signs shall be posted at the exterior exit from the outdoor commercial patio area notifying patrons that alcoholic beverages may not be removed from the premises.
New requirement for PUPs;
aligns with existing
Sidewalk Dining
Ordinance.
The capacity of the outdoor commercial patio area shall be limited to the number of approved seats.
New requirement for PUPs;
aligns with existing
Sidewalk Dining
Ordinance.
No bar shall be allowed in the outdoor commercial patio area. New requirement for PUPs; aligns with existing
Sidewalk Dining
Ordinance.
Suspension of Permits on Public Property. The zoning administrator shall have the right to suspend or prohibit the operation of an outdoor commercial patio area on city property due to anticipated or actual problems or conflicts in the use of such city property. Such problems or conflicts may arise from, but are not limited to scheduled festivals, parades, marches, and similar special events; repairs or modifications 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 outdoor commercial patio area must be suspended.
No change from PUP
program
Violation of Conditions on Public Property. If an outdoor commercial patio within the public right-of-way fails to operate within the public-right-of-way as required in this section, such as by obstructing the public-right-of-way beyond their approved permit or failing to maintain the public right-of-way in a clean, neat, and orderly condition, the zoning administrator or designee shall direct the permittee to correct the violation by providing written notice. If the permittee fails to do so within the time period specified by the zoning administrator or designee, the zoning administrator or designee is entitled to immediately correct the violation, including the removal of furniture and/or appurtenances, at the expense of the permittee.
No change from PUP
program
Right to Modify or Revoke. The outdoor commercial patio permit may be revoked or modified subject to the procedures described in Chapter 18.330. In addition to Requirement slightly
altered; PUPs were
the findings specified in Section 18.330.070(c), the permit may be revoked or modified if one of these additional findings is made:
a. The outdoor commercial patio area is not operated as required in this section.
b. The associated business is not able to control patrons within the outdoor patio to the extent that patrons demonstrate a pattern of behavior of loud, offensive, or abusive actions, the physical or verbal harassment of passersby, or removal of alcoholic beverages from the outdoor commercial patio area.
c. The outdoor commercial patio area interferes with the public use of the sidewalk or street.
d. Continuance of outdoor commercial patio pursuant to the permit would have a substantial adverse economic effect on nearby property or would adversely affect pedestrian circulation.
previously subject to the
revocation procedures in
Chapter 12.
Encroachment Permit Not Required. Issuance of an outdoor commercial patio permit under this section suspends, as to any activities authorized by the permit, the operation of Chapter 12.05 (Encroachments to Streets and Sidewalks) as said chapter pertains to right-of-way encroachments and encroachment permits.
No change from PUP
program