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due to existing conditions on the surrounding public right-of-way if it finds the installation represents a <br />danger to the health, safety or general welfare of the public or (ii) a business violates the <br />requirements of these Guidelines or Executive Order 5-2020. <br />The City may require the removal,temporary or permanent,of the outdoor seating or sales area when <br />necessary, or the permittee fails to comply with the criteria set forth in Chapters 10, 36,and 41 <br />of the SAMC. Any costs incurred by the City for removal or storage of sidewalk café tables, <br />chairs and other equipment shall be the responsibility of the business. The City is not <br />responsible for any damages or loss of equipment removed pursuant to this subsection. <br />TEMPORARY OUTDOOR DINING + RETAIL ACTIVITY ON PRIVATE <br />COMMERCIAL PROPERTY <br />Up to 50%of off-site private parking <br />spaces counted for required parking <br />maybe converted to outdoor dining or <br />retail space,when the lot is immediately <br />adjacent to the parent property. The <br />converted use must be in <br />conformance with all Orange County <br />Fire Authority(OFCA) requirements for <br />building accessibility, and social A - <br />distancing requirements that provide at F <br />least six feet spacing between tables and <br />H`' <br />pathways. Additionally,no parking for disab I <br />retail use. See Exhibit D for a sample layout. <br />The required landscape and buffer areas for the off-site private parking spaces (Vehicular <br />Use Areas), shall not be used as an expanded converted use for restaurants or retail <br />operations.There shall not be parking,outside seating,or retail activities in these areas. <br />Tents, Umbrellas, and Other Shade Structures <br />Tents that are 10 feet by 10 feet in size or smaller may be placed in parking spaces to provide <br />shade for outdoor dining and retail areas. Businesses must adhere to OCFA requirements.See <br />Exhibit E for additional guidelines on the use of tents, umbrellas, or shade structures within <br />public spaces. <br />Resolution 2020-055 <br />Page 14 of 25 <br />City Council 27 –24 6/1/2021