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OUTDOOR DINING GUIDELINES
AS ADOPTED AUGUST 21, 2012
Purpose & Applicability
The purpose of these guidelines is to provide criteria that facilitate outdoor dining on public property and/or within the public right -of-way and protect the public interest. The guidelines apply to outdoor dining facilities, associated with an adjacent restaurant, café, bar, or nightclub, located on public property and/or within the public right -of-way.
Submittal Requirements
1. Application Package
The Outdoor Dining applic ation package is comprised of three (3) items:
a) An Encroachment Agreement (herein after, Agreement) application form, which may be obtained in- person or on- line from the Engineering Department, to be completed and signed by the business owner/operator and the property owner. The most recent adopted fee for the Agreement is included on the application.
♦ All outdoor dining areas (regardless of exclusivity/fencing) will require an Encroachment Agreement (subject to the
standard application fees as established annually by Council as part of the adoption of the annual budget and fee
schedule) from the Engineering Department.
b) A scaled site plan showing the layout, clearances, and dimensions of the proposed outdoor dining area and environs, as well as location and types of furnishings.
c) As applicable, design and structural details pertaining to fencing, enclosures, or other structural improvements used for the outdoor dining area.
2. Application Review Process
The review process for the Outdoor Dining application package is comprised of five (5) basic steps:
a) The business owner/operator and the property owner shall submit a completed Outdoor Dining application package to the -2-
Engineering Department. Upon receipt of the application, the Engineering Department will provide the business
owner/operator and the property owner a standard
Encroachment Agreement for review.
b) Engineering wi ll review the application package for completeness and, upon finding the application package
complete, make findings of compliance with the adopted outdoor dining guidelines.
c) Engineering will forward their findings of compliance to the Director of Community Development and the Fire Marshal to receive their determinations of concurrence with the compliance findings of the Director of Engineering .
d) Engineering will notify the business owner/operator and/or the property owner of the City’s findings of compliance and will advise the applicant if any revisions to the original
documentation are required.
e) Engineering will determine the leasable area and lease rate for the outdoor dining area subject to the Agreement and will provide a final copy of the Agreement for signature by the business owner/operator and the property owner.
f) Engineering will determine the amount of the public right of way restoration cash bond.
3. Leasable Area
The area of use through this process may, or may not include fencing or other approved means that effectively restrict or discourage the general public from using the space. In general, the leasable area will be defined by the perimeter of the outdoor dining area, including any path(s) of travel by the public through the seating area as delineated on the scaled site plan submitted as part of the Application Package .
Engineering will use discretion in determining leasable area to account for practical considerations such as trees and other obstructions.
4. Lease Rate
The monthly lease rates are listed below and are subject to change.
• No Liquor: $0.30/s.f. (or $3.60/s.f. annually)
• Beer/Wine only: $0.60/s.f. (or $7.20/s.f. annually)
• Full Liquor: $0.90/s.f. (or $ $10.80/s.f. annually)
Applicants have the option of monthly or annual billing of lease fees, option must be selected at the time of application.
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Monthly /annual lease rates are to be waived for restaurants wi th outdoor dining on public property of less than 100s.f. and without alcohol service . However an encroachment agreement, subject to the applicable application fee is a requirement in order to secure indemnification and other liability safeguards for the C ity.
Operational Requirements
1. Permitted Uses
Outdoor dining areas shall be limited to the serving and consumption of food, non- alcoholic beverages, and alcoholic beverages consistent with Chapter 7.17 of the Fullerton Municipal Code. The issuance of an Encroachment Agreement for Outdoor Dining does not authorize alcoholic beverages that otherwise require approval under FMC 15.30. The serving of alcoholic beverages in the subject dining area may be subject to the City’s ARUP or CUP process, as determined by the Director of Community Development.
Uses that generate excessive noise such as amplified music are not permitted in the outdoor dining area.
2. Design Criteria
The Director of Engineering, in coordination with the Director of Community Devel opment, shall find consistency between the Encroachment Agreement application and the following criteria. a) Compatibility
The design materials and colors used for chairs, tables, lighting, and other fixtures, including umbrellas, shall be of good qualit y, as necessary to assure a pleasing and pleasant ambiance.
b) Public Walkway Clear ance and Accessibility
A minimum of eight (8) feet of continuous clear passage area on the public sidewalk, free of all obstructions, shall be maintained at all times to avoid hazardous conditions for pedestrians.
The Director of Engineering may approve minor variations to the following criteria, including less restrictive clearance requirements for a single point restriction such as street light or tree. All such restrict ions shall provide a minimum of six (6) feet clear path of travel. See City of Fullerton Standard Drawing No. 111.
Outdoor dining areas and path of travel shall be accessible for persons with physical disabilities.
c) Sightlines
Whenever applicable, t he proposed street furniture shall not restrict motor vehicle sight lines.
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d) Entry Door Clearance
The encroaching street furniture will not impede entry to the building and must not preclude applicable emergency exit requirements (i.e., a minimum exit widt h of 44” must be maintained at all times for “single” entry doors; however, larger door openings require larger exit widths per the building code).
e) Floor Plan
The aisle width between table/seating shall be a minimum of 36”.
The occupant load factor is 1 person/15 square feet. If the interior dining area exits through the outdoor dining area, an equivalent exit “corridor” width shall be maintained at all times .
f) Structural Improvements and Enclosures
Installations of f ences, enclosures, or other s tructural improvements should be linear in design and layout. In general , to provide for adequate access, the minimum horizontal clearance between a solid wall and fence, enclosure, or other structural improvement related to outdoor dining areas should be at least 10 feet. New fencing must be of an easily removable design. All fences, enclosures, or other structural improvements should be of durable material , fire safe, structurally sound, aesthetically pleasing and compatible with the adjoining improvement s or structures.
♦ A fully refundable restoration deposit of
approximately $10/lineal foot will be required prior to execution of the Encroachment Agreement. The actual
restoration fee will be determined on a case by case basis by the Director of Engineering .
♦ Restoration deposits may be transferable at the
Director of Engineering’s discretion.
3. Fire Department Standards
All Fire Department regulations and standards concerning exterior lighting and power shall be met. These regulations and standards will be supplied to applicants upon request at the time of application.
Fire Department approval and permits shall be obtained for LPG heaters and open flames, including candles and barbecues (if applicable), consistent with Fire Department Standards #57 and #5 8.