ORDINANCE O2022-__
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, AMENDING THE NAPA MUNICIPAL CODE BY REPEALING EXISTING CHAPTER 12.64 “OUTDOOR DINING IN PUBLIC RIGHTS OF WAY” IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 12.64, “OUTDOOR DINING ON CITY PROPERTY”, AND DETERMINING THAT THE ACTIONS AUTHORIZED BY THIS ORDINANCE ARE EXEMPT FROM CEQA WHEREAS, the City desires to simplify the Outdoor Dining process by amending Chapter 12.64 of the Napa Municipal Code (“NMC”) to update the permitting procedures and requirements for Outdoor Dining on City property; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meeting of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Napa as follows:
SECTION 1: The City Council hereby determines that the actions authorized by this Ordinance are exempt from CEQA pursuant to CEQA Guidelines Section 15301, which exempts the operation of existing facilities involving negligible expansion of use, and Section 15061(b)(3), the “common sense” exemption, which exempts activities where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
SECTION 2: Amendment. Napa Municipal Code Chapter 12.64 is hereby amended by deleting the current text in its entirety and replacing it with:
Chapter 12.64 OUTDOOR DINING ON CITY PROPERTY
12.64.010 Purpose.
12.64.020 Definitions.
12.64.030 Administrative regulations; outdoor dining permit required.
12.64.040 Where outdoor dining is permitted.
12.64.050 Required outdoor dining area width.
12.64.060 Alcoholic beverage restrictions.
12.64.070 Health standards.
12.64.080 Hours of operation.
12.64.090 Special closures.
12.64.100 Permit issuance—Findings, conditions and fees.
12.64.110 Permit revocation or modification.
12.64.120 Appeals.
12.64.010 Purpose.
The purpose of the regulations and standards in this chapter are to allow increased business and pedestrian traffic by providing safe and visually appealing opportunities for outdoor dining on city property.
12.64.020 Definitions.
“Administrative regulations” means the regulations developed by the Director in accordance with Section 12.64.030. "City property” means any property in which the City has a real property interest, including rights of way, sidewalks, on-street parking spaces, plazas, and parks. “Director” means the Community Development Director of the City or a designee of the Community Development Director or the City Manager. “Eating or drinking establishment” means a retail business selling food and/or beverages for on-premises consumption. “Outdoor dining” means the use of city property by a eating or drinking establishment, for the outdoor service and consumption of food and/or beverages. “Outdoor dining area” means the city property the permittee is authorized to use for outdoor dining pursuant to a permit issued in accordance with section 12.64.100. “Outdoor dining permit” means a permit for outdoor dining issued pursuant to section 12.64.100. An outdoor dining permit satisfies the permitting requirements under this chapter and chapter 12.12 of this code.
12.64.030 Administrative regulations; Outdoor dining permit required.
The Director may develop administrative regulations, subject to approval as to form by the City Attorney and approval by the City Manager, that implement the requirements of this chapter.
Outdoor dining without an outdoor dining permit issued pursuant to Section 12.64.100 is prohibited.
12.64.040 Where outdoor dining is permitted.
Outdoor dining is prohibited where the speed, volume or nearness of vehicular traffic to the proposed outdoor dining area is incompatible with outdoor dining.
All outdoor dining areas must be adjacent to and incidental to the operation of an indoor eating or drinking establishment.
12.64.050 Required outdoor dining area width.
The outdoor dining area shall be wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed outdoor dining area. The outdoor dining area shall leave not less than a five consecutive foot wide path of travel at every point, which is clear and unimpeded for pedestrian traffic.
12.64.060 Alcoholic beverage restrictions.
The service of alcoholic beverages in the outdoor dining area shall be restricted solely to on-premises consumption by customers seated within the outdoor dining area. Alcoholic beverage service within the outdoor dining area shall comply with each of the following standards:
The outdoor dining area must be clearly separated from pedestrian and vehicle traffic; The permittee shall post a written notice to customers that the drinking or carrying of alcoholic beverages in an open container is prohibited and unlawful outside the outdoor dining area; The permittee must be duly licensed by the State Department of Alcoholic Beverages Control to serve alcoholic beverages in the outdoor dining area.
12.64.070 Health standards.
The permittee shall not permit the following in the outdoor dining area: food preparation; tables preset with utensils, glasses, napkins, or condiments; busing service stations; or trash and garbage storage. All exterior surfaces within the outdoor dining area shall be easily cleanable and shall be kept clean at all times by the permittee. Restrooms of sufficient capacity for both indoor and outdoor dining customers shall be provided in the adjoining indoor eating or drinking establishment. The permittee shall be responsible for maintaining the outdoor dining area, including the surface of the outdoor dining area and furniture and adjacent areas in a clean and safe condition.
12.64.080 Hours of operation.
Outdoor dining areas may operate between 7:00 a.m. and 10:00 p.m.
12.64.090 Special closures.
Outdoor dining is an interruptible or terminable privilege. The city shall have the right and power, acting through the Director, to prohibit the operation of an outdoor dining area at any time should the city require the use of the city property for any public purpose, including scheduled festivals ,parades, marches or other similar events; repairs to the city property or improvements, utilities or facilities located therein; demonstrations or emergencies occurring in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the outdoor dining area will be prohibited by the city.
In the event the city requires removal of all or a portion of the permittee’s equipment or facilities within the outdoor dining area pursuant to subsection A above, the permittee shall remove such equipment or facilities at its sole cost and expense upon written notice from the Director. If the permittee does not remove the equipment or facilities from the outdoor dining area within the time period stated in the City’s written notice, or if there is an emergency requiring the city to immediately access or use the outdoor dining area, the city may remove the equipment or facilities in the outdoor dining area. The permittee shall pay the city all costs incurred for the city’s removal of the equipment or facilities within the outdoor dining area within thirty (30) days of receipt from the city of a list of itemized removal costs incurred by the city, including city staff time. The permittee shall be solely responsible for securing or reinstalling the facilities or equipment removed by the city within the outdoor dining area and for expenses associated with repairs or replacement of such facilities or equipment.
12.64.100 Permit issuance—Findings, conditions and fees.
The Director may approve, or conditionally approve an outdoor dining permit if the Director finds that the proposed outdoor dining operation as conditioned meets the requirements of this chapter and chapter 12.12, as well as any other relevant city laws or regulations.
An outdoor dining permit may include those conditions of approval determined by the Director to be necessary to meet the requirements of this chapter and chapter 12.12, including the following:
Conditions for the protection of public safety and city property and improvements.
Conditions to ensure the design of the outdoor dining area meets the requirements of this code.
Conditions requiring restoration of the condition and appearance of the city property on termination of use.
An indemnification and hold harmless clause in the form required by the administrative regulations.
Conditions requiring the permittee to obtain and maintain insurance in the form and amount required by the administrative regulations.
The permittee shall pay permit fees in the amounts established by City Council by resolution.
An outdoor dining permit is non-transferable to another person, entity or location.
12.64.110 Permit revocation or modification.
The Director may revoke or modify an outdoor dining permit at any time following notice to the permittee if the Director finds any of the following:
The permittee has violated one or more conditions of the outdoor dining permit or of this chapter; The permittee is operating the outdoor dining area in a manner which constitutes a nuisance; The permittee’s operation of the outdoor dining area unduly impedes or restricts the movement of pedestrians past the outdoor dining area; The city requires the use of the outdoor dining area for a public purpose; The permittee’s operation of the outdoor dining area unduly interferes with the City’s or public’s use of the city property; There is a change in and/or intensification of the outdoor dining operations; The permittee’s operation of the outdoor dining area unduly interferes with the operations of an adjacent business; or There is a change in applicable law or regulations.
12.64.120 Restoration of outdoor dining area.
The permittee or owner of the property on which the eating or drinking establishment is located shall restore the outdoor dining area to pre-permit conditions upon revocation of the outdoor dining permit, or permittee’s vacation of the outdoor dining area. If restoration is not completed in a timely manner, the Director may provide written notice to the owner of the property and/or the permittee that the outdoor dining area requires restoration. The notice shall advise that, should the restoration fail to be completed within the date set forth in the notice, the restoration work may then be completed by the city or the city’s contractor at the expense of the permittee and the property owner.
12.64.130 Appeals.
An action by the Director to deny an application for an outdoor dining permit, or to revoke an outdoor dining permit in accordance with section 12.64.110, may be appealed by the applicant or permittee in accordance with the provisions set forth in chapter 1.26.
SECTION 3: Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 4: Effective Date. This Ordinance shall become effective thirty (30) days following adoption.
City of Napa, a municipal corporation
MAYOR: _______________________________
ATTEST: _______________________________
CITY CLERK OF THE CITY OF NAPA
STATE OF CALIFORNIA
COUNTY OF NAPA SS:
CITY OF NAPA
I, Tiffany Carranza, City Clerk of the City of Napa, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the 2nd day of August, 2022, and had its second reading and was adopted and passed during the public meeting of the City Council on the __ day of _______, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: __________________________
Tiffany Carranza
City Clerk
Approved as to Form:
________________________
Michael W. Barrett
City Attorney
O2022-__ Page 1 of 1 August 2, 2022
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