Chapter 1 — SIDEWALK CAFES REGULATED

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*Note--Chapter 1, Refuse Containers on County Highways or Public Property, added by Ord. No. 2244 (N.S.), effective 9- 21-61, and repealed by Ord. No. 6453 (N.S.), effective 11-11-82. New Chapter 1, Sidewalk Cafes Regulated, added by Ord. No. 6931 (N.S.), effective 4-12-85.

Cross reference(s)--Uniform licensing procedure, § 21.101 et seq.

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For the purposes of this chapter, sidewalk cafe shall mean an area adjacent to and directly in front of a street level eating or drinking establishment located within the sidewalk area of the public right-of-way used exclusively for dining, drinking and

circulation therein. The encroachment area of a sidewalk cafe may be separated from the remainder of the sidewalk by railings, fencing or landscaping in planter boxes or a combination thereof.

Any use of public road right-of-way for a sidewalk cafe shall require an encroachment permit issued by the Department of Public Works pursuant to the provisions of Title 7, Division 1, Chapter 6 of this Code. Said encroachment permit shall comply with the development criteria for sidewalk cafes set forth in Section 74.104 of this Code and conditions made a part thereof. Issuance of an encroachment permit shall be conditioned upon obtaining: (1) an administrative permit from the Department of Planning and Development Services for a Sidewalk Cafe and, (2) any Food Establishment Permit required by Title 6, Division 1, Chapter 1, Article 2 of the Code and in accordance with Chapter 4, Division 22 of the California Health and Safety Code.

(Amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10224 (N.S.), effective 10-25- 12)

CAFES.

The Director, Department of Public Works shall consider the following in deciding to grant or deny an application for an encroachment permit for a sidewalk cafe:

a. The width of the sidewalk where the cafe will be located.

b. The design and relationship of the cafe to other existing or planned uses on a particular street.

c. The amount of pedestrian use on the sidewalk and the impact of the cafe's location on potential pedestrian activity.

d. Compliance with the development criteria for sidewalk cafes set forth in Section74.104.

If the Director, Department of Public Works or his designee determines that the application is complete and conforms with all County regulations, policies, guidelines, and design standards, a Sidewalk Cafe Encroachment Permit shall be granted.

A. Sidewalk Cafe Development and Design Criteria

1. Clear Path. There shall be a minimum clear distance of 50 percent of the distance from the property line to the curb

line, but in no event less than six feet of paved sidewalk, free of all obstructions, in order to allow adequate pedestrian movement.

The minimum distance shall be measured from the portion of the sidewalk cafe frontage which is nearest either the

curb line or the nearest obstruction within the sidewalk area. In no event may recesses in the sidewalk cafe frontage be used to satisfy this unobstructed width requirement. A clearance of six feet shall be maintained around the corners of sidewalk cafes, measured in radius.

For the purpose of minimum clear path, parking meters, traffic signs, trees, and all similar obstacles shall constitute

obstructions.

An exception to the minimum clear path distance and paved sidewalk width may be granted after a review of

pedestrian volumes and existing street conditions by the Department of Public Works.

2. Street Intersections. A sidewalk cafe shall be permitted on one side only of an establishment located at a street

intersection.

3. Cafe Boundary. No portion of a sidewalk cafe, such as gates or any objects placed within the sidewalk cafe, shall

swing or project beyond the designated exterior perimeter of the sidewalk cafe.

B. General Design Consideration

1. Fixtures. The furnishings of the interior of a sidewalk cafe shall consist solely of moveable tables, moveable chairs

and moveable umbrellas. Landscaping may be placed either in moveable planters or planted in the ground inside defined cafe area adjacent to the railing or fence. Lighting fixtures may be permanently affixed onto the exterior front of the main building.

2. Signage. No signs are permitted on a sidewalk cafe except that the name and type of establishment may appear on

umbrellas or the valance of an awning.

3. Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or

placed on, adjacent to or separate from the sidewalk cafe on the public right-of-way.

C. Safety

1. Lighting, Railings. Adequate lighting and provisions of barriers and railings for sidewalk cafes shall be provided. The

barriers shall be adequately designed so that unsafe conditions are not created for the physically disabled, blind and partially

sighted. No cantilevered projections shall be permitted. A change in paving pattern and texture may be required to alert pedestrians of a change in a sidewalk use.

2. Awnings or Umbrellas. Awnings or umbrellas may be used in conjunction with a sidewalk cafe. Awnings shall be

adequately secured, retractable. At no point shall height of the awning including the valance be less than 7'0" from the floor of the sidewalk cafe.

3. Planters, Railings, or Fences. All railings or fences placed around a sidewalk cafe shall be permanently fixed to the sidewalk to clearly define the area. No solid walls will be permitted. Landscaping can be either in planters or planted in the ground. In order to maximize visual access, the height of the railing or planter shall not exceed three feet.

   4. Elevation. The sidewalk cafe should be at the same elevation as the adjoining sidewalk.

   5. Minimum Distance Between Sidewalk Cafes and Adjacent Business Entrance. No portion of a sidewalk cafe shall be located within eight feet of the entrance to a ground floor commercial use other than an entrance to a sidewalk cafe.

   6. Enclosure. A clear, transparent, shatterproof glass or similar substitute may be used to enclose the cafe to minimize windy or cold climatic conditions. The enclosure must meet the following requirements:

   a. The transparent enclosure, including the railings or fencing, cannot be higher than five feet.

   b. Awnings cannot be used as a cafe covering when an enclosure is also used.

   c. The transparent enclosure must be removable or retractable.

1. Insurance Policy. A Public Liability Insurance Policy of at least $500,000.00 shall be required. Such liability insurance shall be provided in a form and an amount acceptable to the Director, Department of Public Works. The Policy shall name the County of San Diego as an additional insured and shall be maintained at all times.

2. Access for Persons with Physical Disabilities. A sidewalk cafe shall be accessible to the physically handicapped. The Building Official shall review every sidewalk cafe permit application in order to ensure compliance with Title 24, Part 2 of the California Administrative Code for making buildings accessible to the physically handicapped and any other state or local regulations which the building official enforces. Permits from the Building Inspection may be required as a result of achieving said compliance.

All Sidewalk Cafe Encroachment Permits shall have an indefinite term, but shall be subject to termination at any time or 30 days prior written notice upon the determination of the Director, Department of Public Works that one or more of the conditions or provisions of the permit have been violated or that a change of circumstances has occurred which warrants or requires such termination. The Director, Department of Public Works shall also notify the Department of Planning and Development Services which shall initiate action to revoke the applicable administrative permit pursuant to Section 7074 of the Zoning Ordinances.

(Amended by Ord. No. 10224 (N.S.), effective 10-25-12)

These regulations are subject to rescission or amendment at any time by the County Board of Supervisors. No person or entity shall as a result of adoption of these sidewalk cafe regulations be entitled to the issuance of a permit and any and all permits shall be granted or denied, rescinded or modified at the discretion of the Director, Department of Public Works; Director, Department of Planning and Development Services; Director of the Department of Environmental Health and Quality; Planning Commission; or the Board of Supervisors without liability of any kind whatsoever. Furthermore, no person shall have any vested interest in maintaining permitted improvements in the event it is determined to modify or terminate any such permit.

(Amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 10224 (N.S.), effective 10-25- 12; amended by Ord. No. 10709 (N.S.), effective 1-15-21)