STANDARD OUTDOOR DINING GUIDELINES
(for request within the public right-of-way)
ADOPTED XXX XX, 2022
Purpose & Applicability
The purpose of these guidelines is to provide criteria to facilitate outdoor dining use within the public right-of-way while protecting the public interest. The guidelines apply to outdoor dining associated with an existing/permitted adjacent restaurant, café, bar, or nightclub that wishes to incorporate outdoor dining on public property or within the public right-of-way directly adjacent to their establishment. Areas of encroachment for outdoor dining include, but may not be limited to:
Sidewalks
Alleyways (not used for emergency or vehicle traffic)
Parking lots/stalls
Plazas
Submittal Requirements
Application Package
By submitting the completed application package, the Applicant affirms they have obtained concurrence of encroachment in the public right-of-way from surrounding properties that may be impacted in any way.
The Standard Outdoor Dining application package is comprised of the following items:
Application for Standard Outdoor Dining Within the Public Right-of-Way (herein after, Application), which may be obtained in-person or on-line from the Public Works Department - Engineering Division. The Application shall be completed and signed by the business owner/operator and the property owner.
The Application is subject to a standard processing/review fee as approved by City Council.
The Application is required to identify a preferred method of billing upon implementation of the outdoor dining agreement/improvements.
If alcohol is proposed to be served within the outdoor dining area, the Applicant shall include a copy of their current liquor license. Outdoor sales and service of alcohol may require the amendment of an existing conditional use permit (CUP) or Administrative Restaurant Use Permit (ARUP). Please contact the Planning Department prior to submittal of an Outdoor Dining application.
Site Plan - An 8½x11” or 11”x17” site plan showing limits and details of the proposed outdoor dining area, including but not limited to general layout, clearances, and dimension of the proposed outdoor dining area and environs, as well as locations and types of furnishings.
As may be applicable, details pertaining to fencing, enclosures, or other structural improvements, used for the outdoor dining shall be shown.
Site plans shall also illustrate length x width of area requested; show all existing improvements (curb/gutter, sidewalk, ramps, driveways, parking stalls, street lights, trees, fire hydrants, or other infrastructure) that may limit clearance for pedestrian access; and dimensions between the requested outdoor dining area and any existing improvements within the immediate vicinity.
Letter of Authorization - Applicant is required to submit a letter from his/her landlord allowing the outdoor dining at the site and the installation of associated improvements. The letter should also acknowledge that the landlord understands that he/she will be held equally liable per the terms of the agreement and will be required to execute the Standard Outdoor Dining - Encroachment Agreement.
Application Review Process
The review process for the Standard Outdoor Dining application package will be the following:
The business owner/operator and the property owner shall submit a completed Application package to Engineering.
Engineering will review the Application package for completeness. Upon review of the completed Application, Engineering will:
Review the plans for compliance with the adopted Standard Outdoor Dining Guidelines, if deemed to be non-compliant, Engineering will reject the request. Additionally, the City reserves the right to reject any Application, at its sole and absolute discretion.
Should the application be deemed complete, Engineering will forward their findings of compliance to the Director of Community & Economic Development and the Fire Marshal to receive their determinations of concurrence with the compliance findings of Engineering.
Engineering will notify the business owner/operator and/or property owner of the City’s findings of compliance and will advise the applicant if any revisions to the original documentation are required.
Upon acceptance of the application documentation, the Public Works Director shall determine the need for legislative approval for use of public land, or administratively approve the application. While there may be additional occurrences that trigger legislative review, the following guidelines will be used in that determination:
Dining area proposed in paid public parking lots/stall(s) within Parking Districts #1 or #2 shall be subject to approval from Board of Parking Place Commission (see below map for boundaries).
Dining area proposed in paid public parking lots/stall(s) within the Restaurant Overlay District, excluding parking Districts #1 & #2, shall be subject to approval from City Council (see below map for boundaries).
If Board of Parking Place Commission and/or City Council approval is determined or required, Engineering will present the Application for approval or denial. If the Application is denied, the Application is considered rejected.
Upon Commission/Council approval and/or Engineering acceptance of the Application documentation, Engineering will request the Applicant complete an Encroachment Agreement Application.
The Encroachment Agreement Application is subject to a processing fee approved by City Council.
Upon receipt of the Encroachment Agreement Application and processing fee, Engineering will prepare a Standard Outdoor Dining Encroachment Agreement (herein after, Agreement). All outdoor dining areas (regardless of exclusivity/fencing) in the public right-of-way will require an Agreement.
Engineering will determine the leasable area and the lease rate for the outdoor dining area subject to the Agreement.
Leasable Area
The area of use through the process may, or may not, include fencing or other approved means that effectively restrict or discourage the 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 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.
Lease Rates
Lease rates are approved by City Council and may be amended any time during the term of the Encroachment Agreement.
Applicants have the option of monthly or annual billing of lease fees, option must be selected at the time of application.
Monthly/annual lease rates are to be waived for restaurants with outdoor dining on public property of less than 100 s.f. and without alcohol service. However, an encroachment agreement, subject to the processing fee is required to secure indemnification and other liability safeguards for the City.
Parking Revenue Loss
If the outdoor dining area is located within a City owned paid parking lots/stall(s), the applicant will be responsible for any parking revenue loss incurred by the City in addition to the established lease rates. For example, in 2022 the paid parking program required a flat rate of $5/space on Thursday, Friday, & Saturday from 9pm – 1am. Therefore, the applicant would be billed an additional $60/month for each parking stall utilized for outdoor dining. The monthly rate per stall is subject to change based on the program parameters at the time the Agreement is executed or up for renewal.
A fully refundable restoration deposit will be required prior to execution of the Agreement. The restoration deposit is approved by City Council as part of the current City of Fullerton Council adopted fee schedule. The actual restoration fee will be determined at the time of restoration by the Director of Public Works.
Restoration deposits may be transferable at the Director of Public Works’ discretion.
The Applicant shall maintain the required liability and liquor liability (if applicable) insurance as defined in the Agreement as well as any permit, license, etc. required by any Federal, State, of local agency. The limits of liability for the required insurance are subject to change in accordance with the City’s minimum limit requirements in effect at the time of annual renewal of said coverage.
The City will provide a final copy of the Agreement for signature by the business owner/operator and property owner.
Upon review and acceptance of the fully executed Agreement, Engineering will prepare and issue an Encroachment Permit to the Applicant to ensure construction/installation of the outdoor dining area is per the approved site plan and terms of the Agreement.
The Encroachment Permit is subject to applicable fees as approved by City Council.
Operational Requirements
Permitted Uses
Outdoor dining areas shall be limited to serving and consumption of food and non-alcoholic beverages, unless authorized otherwise by the California Department of Alcoholic Beverage Control. The issuance of an Agreement for outdoor dining does not authorize alcoholic beverages that otherwise require approval under FMC 15.30, or any other Federal, State, or local law, rules, or regulations. The serving of alcoholic beverages in the outdoor dining area may be subject to the City’s Administrative Restaurant Use Permit (ARUP) or Conditional Use Permit (CUP) process, as determined by the Director of Community & Economic Development.
Uses that generate excessive noise such as amplified music are not permitted in the outdoor area.
Design Criteria
The Director of Public Works, or his/her designee, in coordination with the Director of Community & Economic Development, shall find consistency between the Application and the following criteria:
Compatibility
The design materials and color used for chairs, tables, lighting, and other fixtures/furniture, including umbrellas, shall be of good quality, as necessary to assure a pleasant ambiance.
Public Walkway Clearance and Accessibility
A clear passage area on the public sidewalk, alley, or parking lot, free of all obstructions, shall be maintained at all times to avoid hazardous conditions for pedestrians. The Director of Public Works, or his/her designee, may approve minor variations, including less restrictive clearance requirements for a single point restriction such as a streetlight or tree; however, under no circumstances shall a path of travel be less than six (6) feet wide. Outdoor Dining areas shall be fully accessible for persons with physical disabilities and provide safe passing conditions.
Sight Lines
Whenever applicable, furnishings shall not restrict motor vehicle sight lines.
Entry Door Clearance
The encroaching furnishings will not impede entry to the building and must not preclude applicable emergency exit requirements (i.e., a minimum exit width of 44” must be maintained at all times for “single” entry doors; however, large door openings require larger exit widths per the building code).
Floor Plan
The aisle width between tables/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.
Structural Improvements, Enclosures, and Furniture
Fencing/enclosure must be of an easily removable design. All fences and/or enclosures should be of durable material, fire safe, structurally sound, aesthetically pleasing, and compatible with adjoining improvements or structures. If the area requested is in an area where vehicular traffic occurs, barriers shall be substantive enough to protect customers and employees from impact.
The design materials and colors used for chairs, tables, lighting, and other fixtures, including umbrellas, shall be of good quality, as necessary to assure a pleasing and pleasant ambiance. Said removable furnishings shall be secured in a safe manner during use.
Fences and furnishing must be maintained in good condition and placed/secured in such a way so as not to impede public safety. Permanently affixed furnishings and fencing are not permitted.
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 applicant upon request at the time of application.
Fire Department approval and permits shall be obtained for LPG heaters and open flames, including candles and barbeques (if applicable), consistent with Fire Department Standards #57 and #58.
STANDARD OUTDOOR DINING GUIDELINES
Adopted xxxxxx xx, 2022
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CITY OF FULLERTON
Public Works Department – Engineering Division
THE EDUCATION COMMUNITY
303 West Commonwealth Avenue, Fullerton, California 92832-1775 (714) 738-6845 Fax (714) 738-3115 Web Site: HYPERLINK "http://www.cityoffullerton.com" www.cityoffullerton.com