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ZOA No. 2022-04 (Outdoor Dining) & ZOA No. 2022-05 (Mobile Food Trucks) <br />December 6, 2022 <br />Page 2 <br />3 <br />0 <br />9 <br />0 <br />Planning Commission Action <br />At its regularly scheduled meeting on November 14, 2022, the Planning Commission <br />voted 4:0 (Vice-Chair Calderon, Alderete, and Morrissey absent) to recommend that the <br />City Council adopt an ordinance approving ZOA No. 2022-04 and an ordinance <br />approving ZOA No. 2022-05. After the Planning Commission meeting, minor changes to <br />the mobile food truck ordinance were made to reflect feedback from the business <br />community. <br />ZOA No. 2022-04 for Outdoor Dining <br />Chapter 41 of the SAMC currently regulates outdoor dining areas as an ancillary use to <br />eating establishments and requires that such area provide off-street parking at a rate of <br />eight parking spaces per 1,000 square feet of gross floor area but exempts such area to <br />be parked if the area of outdoor dining is less than 25 percent of the gross floor area of <br />the eating establishment, or 1,000 square feet, whichever is smaller. This current <br />parking requirement can make outdoor dining costly and infeasible for small <br />businesses. No additional specific outdoor dining regulations are currently prescribed <br />within Chapter 41 of the SAMC. <br />ZOA No. 2022-04 proposes to establish a streamlined administrative permit process <br />and flexible regulations pertaining to the placement, development, and operation of <br />outdoor dining areas that benefit eating establishments and enhance the pedestrian <br />ambiance of the City. In addition, it proposes provisions to ensure that such areas do <br />not adversely impact adjacent uses, properties, and surrounding neighborhoods. The <br />proposed regulations build upon those regulations established by the Take It Outside <br />guidelines (attached hereto as Exhibit 3 for reference) established pursuant to <br />Executive Order No. 5-2020. In addition, ZOA 2022-04 proposes to reduce the off-street <br />parking requirements for outdoor dining areas. Table 1 below illustrates the proposed <br />regulations which would be applicable to all new outdoor dining areas and those <br />proposed to be expanded. <br />Table 1: ZOA No. 2022-04 Proposed Outdoor Dining Regulations <br />Topic Proposed Regulations <br />Application & Permit Require submittal of an administrative permit application and approval by the <br />Planning and Building Agency (PBA). <br />Zone Requirements Allow outdoor dining as an ancillary use in all zones that currently allow <br />eating establishments, restaurants, cafes, etc. <br />Placement, Development, <br />& Design Standards <br />1. Allow a 15-percent encroachment into required front and street side yard <br />setbacks. <br />2. Require landscape buffers between outdoor dining area and property <br />lines and parking spaces/drive aisles. <br />3. Require the use of durable construction materials and compatibility with <br />the architectural style of primary building/use. <br />4. Require measures to reduce potential impacts on nearby sensitive land <br />uses. <br />5. Limit the signage to a menu board/sign. <br />6. Require lighting in accordance with Chapter 8 of the SAMC.