12.10.100 Permit required.
(a) Application for a sidewalk cafe permit may be made to the Development Services Director or his or her designee. The application shall contain the following information:
(1) The proposed location of the sidewalk cafe.
(2) Written consent of the building owner if different than the restaurant owner.
(3) A diagram illustrating the placement of tables and chairs and walkway area, location of entrances and exits to the restaurant with dimensions; the diagram should also include the location, size, and material or style of any trash receptacles for the area.
(4) Certificate of public liability insurance in the amount of $500,000.
(5) Payment of the annual fee of $56.00.
(6) Executed sidewalk cafe agreement with the City.
(b) Application for a sidewalk fence permit may be made to the Development Services Director or his or her designee. The application shall contain the following information:
(1) The proposed location of the sidewalk fence.
(2) A plan or elevation drawing of the fence which shall include all dimensions and materials. The fence as designed and constructed shall not pose a threat to the safety of persons or animals.
(3) Written consent of the building owner if different than the restaurant owner.
(4) A diagram illustrating the placement of fence showing six feet of pedestrian walkway unobstructed by structures including but not limited to the following: the fence, signs, parking meters, planters, trees, utility poles, benches; and location of entrances and exits to the restaurant with dimensions.
(5) Certification of public liability insurance in the amount of $500,000.
(6) Payment of the annual fee of $56.00.
(7) Executed sidewalk fence agreement with the City.
(c) Applications shall be reviewed by the City Public Works and Planning departments. The Public Works and Planning departments shall forward it to other appropriate City departments for review if necessary. If the Public Works Director or his or her designee and Planning Director or his or her designee finds from the information submitted that the applicant meets the necessary requirements and that operation of a sidewalk cafe or placement of sidewalk fence in the proposed location will not unreasonably interfere with public travel, he or she shall so indicate and the Development Services Director or his or her designee shall issue the applicable permit to the applicant. Such permit shall be valid for one year from the date of issuance.
(d) All sidewalk fences and cafes shall conform with the sidewalk fence and cafe design criteria promulgated by the Public Works and Planning directors.
(e) Appeals from the decision of the Public Works Director and Planning Director, or their designees, shall be made in writing to the City Manager within 10 business days of the denial of the sidewalk fence or sidewalk cafe application. The City Manager shall have 30 days to render a decision on the appeal. (Ord. 19086 § 2, 5-13-08. Code 1995 § 130-72.)