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A. Where an Outdoor/Seasonal Dining Facility or any portion of an <br />Outdoor/Seasonal Dining Facility is located on public property, the <br />owner of the facility shall sign a Use of Public Property Agreement <br />approved by the Director of Law that indemnifies and holds the City <br />harmless from any claims, liability or damages arising from the <br />operation or location of the Outdoor/Seasonal Dining Facility, and <br />shall provide an insurance policy in an amount approved by the <br />Director of Law with the City named as an additional insured. Upon <br />approval of the Outdoor/Seasonal Dining Facility conditional use by <br />the Planning Commission, the Director is authorized to enter into <br />the Use of Public Property Agreement on behalf of the City. <br />B. A barrier on some or all sides of the Outdoor/Seasonal Dining <br />Facility may be required. The Planning Commission will make a <br />determination as to the extent and location of a barrier necessary <br />for the Outdoor/Seasonal Dining Facility. Any such barrier shall be <br />in accordance with the Outdoor Dining Design Guidelines. <br />(10) The Outdoor/Seasonal Dining Facility must have adequate illumination <br />during evening hours in accordance with the Outdoor Dining Design <br />Guidelines. All lighting will be designed to minimize the intrusive effect of <br />glare and illumination upon abutting areas, especially residential <br />properties. <br />(11) Buffering with landscaping or fencing of the Outdoor/Seasonal Dining <br />Facility, if the facility is adjacent to residential or sensitive uses, may be <br />required. Buffering requirements will be determined by the Planning <br />Commission and shall be in accordance with the Outdoor Dining Design <br />Guidelines. <br />(12) An Outdoor/Seasonal Dining Facility need not require additional off-street <br />parking unless the Planning Commission determines otherwise, or unless <br />the Outdoor/Seasonal Dining Facility creates an overFlow parking problem <br />on adjacent public streets. Should a parking problem arise due to the <br />Outdoor/Seasonal Dining Facility, the Director shall require the Applicant <br />to make provisions for sufficient off-street parking on nearby non- <br />residential properties. <br />(13) Furniture and enclosures located within the Outdoor/Seasonal Dining <br />Facility may not be stored on the public right-of-way and must be <br />removed entirely from the right-cf-way between October 31 and. March <br />31. All furniture and fixtures used in an Outdoor/Seasonal Dining Facility <br />in the public right-of-way must be readily removable without damage to <br />the surface of the right-of-way and may only remain in the public right-of- <br />Outdoor Dining: Proposed Changes to Zoning Code Page 9 of I 1 <br />Revised: 3/2/2009 <br />