17. Path of travel and seating requirements in sidewalk dining areas shall be in compliance with the California Building Code.
18.Sidewalk dining areas shall be designed to maintain clear legal exits to the public right-of-way in compliance with the California Building Code.
19.Sidewalk dining areas with an occupancy greater than fifty people will require two dedicated exits.
20.No portion of sidewalk dining area shall impede any required building exit or obstruct egress to the public right-of-way.
21.No portion of a sidewalk dining area shall be located within three feet of a fire hydrant.
22.Permitted sidewalk dining furniture and equipment includes tables, chairs, heating units, lighting, umbrellas, and awnings affixed to a building wall. No other furniture, shade coverings, or equipment are permitted.
23.Sidewalk dining furniture, landscaping and equipment shall comply with the following standards:
a. All sidewalk dining furniture and landscaping shall be non-permanent and moveable subject to approval of the Director of Community Development.
b. All sidewalk dining furniture and equipment shall be outdoor-rated. For purposes of this policy, outdoor-rated means furniture designed to withstand exposure to the elements – rain, wind, and sun. c. Sidewalk dining furniture shall be regularly maintained. Faded, ripped, or broken fabric and/or materials shall be replaced to the satisfaction of the Director of Community Development within 30 days.
d. Lighting provided for sidewalk dining areas shall comply with the standards of the underlying zone, designed and positioned to avoid creating safety hazards for pedestrians or drivers, and subject to the approval of the Director of Community Development. This may require the use of shields, and may limit the location, type and height of light fixtures.
e. Heating units shall be approved for outdoor use, installed in accordance with the manufacturer’s recommendations, and comply with all applicable safety and accessibility regulations, including maintaining clear paths of egress and comply with the Americans with Disabilities Act. Propane tanks used for heating units shall not be stored outdoors.
f. Sidewalk dining and all associated furniture and equipment shall be contained within the boundaries specified in the approved Sidewalk Dining Permit. Any expansion of the sidewalk dining area without prior City approval shall violate the Sidewalk Dining Permit and shall result in permit revocation.
g. Furniture or equipment associated with the sidewalk dining area shall not be stored outdoors at any time, except for items specifically approved as part of a sidewalk dining area.
h. No obstructions, including but not limited to equipment, furniture, or landscaping, shall swing or extend beyond the designated exterior perimeter of the approved sidewalk dining area.
i. Colors used for sidewalk dining furniture shall be consistent with the design guidelines of the building, as determined by the Director of Community Development. Neon-colored furniture is not permitted. j. If umbrellas are proposed for the sidewalk dining area, they shall comply with the following standards:
i. Umbrellas shall not contain signage, nor the use of neon colors, logos, and/or branding.
ii. Market umbrellas shall be removed and placed inside daily outside of regular business hours.
iii. Umbrellas shall be made of nonflammable material and comply with all applicable building and fire safety regulations. iv. Umbrellas shall have a vertical clearance of at least seven feet above sidewalk level.
v. Umbrellas may be affixed to fencing with a building permit.
Umbrellas affixed to fencing shall be securely fastened closed by close of business, or no later than 10 p.m.
k. If an awning is proposed for the sidewalk dining area, it shall comply with the following standards:
i. Awnings must be affixed to a building wall.
ii. The use of neon colors, logos, and/or branding on awnings is prohibited.
iii. Awnings shall be made of nonflammable material and comply with all applicable building and fire safety regulations.
iv. Awnings shall have a vertical clearance of at least seven feet above sidewalk level.
v. Awnings are subject to design criteria of the underlying and overlay zone(s) and shall be integrated into the architectural style of the building.
24.No trash containers or other storage shall be placed within the sidewalk dining area or public right-of-way.
25.Floor coverings, including but not limited to carpet, fabric, canvas, wool, tile, linoleum, nylon, vinyl, artificial turf, wood, or other similar materials shall not be used within a sidewalk dining area.
26.If raised platforms or other alterations that create a different floor height are proposed, the following standards shall apply:
a. The raised platform shall be at the same height as the building’s interior finished floor height.
b. Raised platforms shall be located adjacent to the food or beverage establishment’s building wall.
c. Fencing is required.
d. The raised platform shall utilize a material that is currently used on the food beverage establishment’s building façade or is determined by the Director of Community Development to be compatible to the establishment’s building façade.
27.The selling, serving, and consumption of alcoholic beverages shall be permitted only in sidewalk dining areas that are fenced and comply with State laws.
28.Signage shall be prohibited in sidewalk dining areas, excepting those signs that are pursuant to law.
29.Food preparation, storage, heating, cooking, smokers, or open flames are strictly prohibited in sidewalk dining areas.
30.Sidewalk dining areas shall not cause damage to paving, sidewalks, landscaping, lighting, street trees, parking meters, or any other City-owned property within the public right-of-way. Any damage resulting from the installation, operation, or removal of a sidewalk dining area shall be repaired or restored, to the satisfaction of the City, at the sole expense of the permittee.
31.Sidewalk dining and the surrounding sidewalk area shall, at all times, be kept free of litter and food waste that could constitute a nuisance or hazard to public health, safety or welfare. Maintenance of the sidewalk dining and the surrounding sidewalk area shall be the sole responsibility of the permittee.
32.Sidewalk dining areas shall be maintained in a clean and orderly condition in compliance with La Mesa Municipal Code Section 7.18.070 pertaining to littering and sweeping.
33.Sidewalk dining shall comply with the City’s Storm Water Best Management Practices Manual Volume 1 for Existing Development and Volume 2 for Proposed Development.
34.The permittee shall comply with Labor Code Section 6404.5 and Chapter 7.27 of the La Mesa Municipal Code (Prohibition of Smoking in Certain Areas), which prohibits smoking in restaurants and public places, such as food or beverage establishments.
35.No live entertainment or performance entertainment as defined in Section
24.01.100 of the La Mesa Municipal Code shall be allowed in sidewalk dining areas.
36.All uses of the sidewalk dining area shall comply with Chapter 10.80 of the La Mesa Municipal Code (Noise Regulation).
37.The operation of a sidewalk dining area shall maintain compliance with all applicable orders of the State and the County Public Health Officer and shall conform to all State and County Health and Safety Protocols.
38.The sidewalk dining area shall be in compliance with all applicable laws (local, state federal) at all times.
39.No Detrimental Reliance. The City does not and shall not guarantee nor warrant the issuance or duration of a Sidewalk Dining Permit. In consideration of the issuance of a Sidewalk Dining Permit, the permittee acknowledges and “assumes the risk” of termination or expiration of the Sidewalk Dining Permit; and, therefore, shall not detrimentally rely on the continuation of the Sidewalk Dining Permit beyond its termination or expiration.
ORDINANCE NO. 2358
AN ORDINANCE ADDING TITLE 18 TO THE
LA MESA MUNICIPAL CODE - SIDEWALK CAFES
The City Council of the City cf La Mesa, California, DOES ORDAIN as follows:
SEC?iON 1. Title ] 8 is hereby added tc the La Mesa Municipal Code t¢ read as shown on Exhibit "A", attached hereto and by this reference made a part hereof.
SECTION 2. This ordinance shall be effective 30 days after its adoption and the City Clerk shall certify to the adoption of this ordinance and cause same to be published at least once in the La Mesa Courier within 15 days after its adoption.
INTRODUCED AND FIRST READ at a
regularly adjou~ned meeting cf the
City Council of the City of La Mesa, California, held the 8th day of Ma~. , 1984, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 22nd day of May , 1984, by the following vote, to wit:
AYES: Councilmen Hill, Nagel and Bailey
NOES: Councilman Madrid
ABSENT: Councilwoman Lopez
APPROVED:
E~. BAILEY.~MaY~~
ATTEST:
ANITA D. UNDERWOOD, City Clerk
Acting City Clerk
CERTIEICATE OF CITY CLERK
I, ANITA D. UNDERWOOD, City Clerk of the City of La Mesa, California, do hereby certify the foreg¢ing to be a true and correct copy of Ordinance No. 2358 , duly p~ssed and adopted by the City Council of said City cn the date and by the vote therein recited and that the same has been duly published according t¢ law.
SEAL OF CITY)
ANITA D. UNDERWOOD, City Clerk
Acting City Clerk
EXHIBIT " A"
Sections:
18. 01018.
18. 02018.
18. 03018.
18. 04018.
18. 05018.
18. 06018.
18. 07018.
TITLE 18
STREETS AND SIDEWALKS
Chapter 18.18
Sidewalk Cafes
Intent
Definition
General Provisions
Clear Path for Pedestrians
Design Criteria
Permits and Approval Process
Insurance
18. 01018.
sidewalk cafes
health, safety
Intent. It is the intent of the City of La Mesa to permit in the downtown commercial area, while protecting the public and general welfare.
The general goals of this chapter are as follows:
A. To permit sidewalk cafes which fit in with the character of the area, and which are compact, suggest intimacy, charm, and functionality through materials, landscaping and use.
B. To ensure adequate space for pedestrians on the sidewalk adjacent to the cafe.
18. 02018. Definition.
is defined as follows:
For the purpose of this chapter, sidewalk cafe
SIDEWALK CAFE means an area adjacent to a street-level eating and drinking establishment, located within the sidewalk area of the public right of way, defined by railings or fencing which separates the encroachment area from the remainder of the sidewalk, and which is used exclusively for dining, drinking and circulation therein.
18. 03018. General Provisions.
A. Sidewalk cafes shall be located only in the CD ( Downtown Commercial) Zone.
B. Establishment of a sidewalk cafe shall require the approval of a site development plan and an encroachment permit from the Engineering Department.
C. Operators of the cafe shall be required to provide public liability insurance to the satisfaction of the City Attorney.
D. Sidewalk cafes shall not be injurious to paving or existing features located on a public walkway.
E. All sidewalk cafes shall adjoin and be operated in conjunction with indoor restaurants or food stores licensed to sell food and/or beverages for consumption on the premises.
F. The hours of operation of a sidewalk cafe shall be limited to the hours of operation of the associated eating establishment.
G. The selling of alcoholic beverages shall be allowed only in conjunction with a restaurant or food store, and shall conform to all pertinent State liquor laws.
H. Cafes shall , emain clear cf litter at all times.
I. There shall be no food preparation or storage exterior to the food establishment.
J. Tables may be served by waiters or waitresses, or be self-serviced when busperson service is provided in order to keep the area free of litter and wastes. Such service shall not be permitted from outside the confines of the railings or fencing.
K. Sound reproduction shall be limited and subdued in nature, shall serve only as background music, and shall not impose ~n adjacent businesses or pedestrian activity. No sound equipment shall, be located in the right of way area.
18. 04018. Clear Path for Pedestrians. -] here shall be a minimum cleadistance of 50 percent of the distance from th~ property line to the curb line, but in no event less than five feet of paved sidewalk, free of all obstructions, in order to allow adequate pedestrian movement. Obstructions shall include, but not be limited to, fire hydrants, landscaping, light posts, parking meters, and similar obstacles. Recesses less than six feet in length along the sidewalk cafe frontage may not be used to satisfy this unobstructed width requirement.
18. 05018. Desig~ Criteria.
A. All restaurant equipment, furniture, and landscaping shall be nonpermanent and moveable.
B. Railings or fencing shall be fixed to the sidewalk and removable with tools in order to clearly define the area of the sidewalk cafe, and shall be ornamental.
C. Adequate lighting shall be provided in order to illuminate the interior and boundaries of the sidewalk cafe, but not areas beyond the cafe's immediate setting.
D. Awnings and umbrellas shall be permitted. Awnings shall be adequately secured and at no point lower than 7'-0" in height from the floor of the cafe.
E. No signs shall be permitted on a sidewalk cafe except that the name and type of establishment may appear on the valance of an awning or on umbrellas.
F. No type of trash containers ( except those owned by the City of La Mesa) or other storage shall be permitted on the public sidewalk.
G. No portion of a sidewalk cafe shall be located within six feet of an entrance to an adjacent business or residence.
H. Sidewalk cafes shall be at the same elevation as the adjoining sidewalk.
I. No portion of a sidewalk cafe, such as gates or any objects placed within its boundaries, shall swing or project beyond the designated exterior perimeter of the sidewalk cafe.
J. Landscaping shall be allowed only in moveable planters.
K. All railing or fencing shall not exceed three feet in height.
L. No railing, fencing, or landscaping shall serve to obstruct reasonable visibility of the interior of a sidewalk cafe from the sidewalk.
M. Any damage to the sidewalk, caused by the operation of a sidewalk cafe, shall be repaired to the satisfaction of the City Engineer, at the sole cost of the permittee.
18. O6018. Permits and Approval Process. Approval of a site development plan by the Development Advisory Board and the Architectural Review Board in accordance with the provisions and design criteria of this Chapter shall be required for the establishment of a sidewalk cafe. An encroachment permit from the Engineering Department, applicable fees and a 200 refundable security deposit are also required.
These approvals shall be reviewed annually, prior to issuance ~f Business License, by the Planning Director and City Engineer, and duly certified that none of the above conditions of the permit have been violated.
Permits shall be subject t? termination at any time on thirty (30) days' prior written notice, upon determination that one or more of the above ccnditicns of the permit have been violated.
18. 07018. Insurance.
A Public Liability Insurance Policy shall be required before approval of an encroachment permit. Such liability insurance shall be provided in a form and an amount acceptable to the City Engineer and City Attorney.
This policy must be maintained at all times.
BACKGROUND
On September 19, 2024, the City of La Mesa hosted an informative outreach session at the La Mesa Community Center, from 6:30 PM to 8:00 PM, to engage with the public on the current state and future plans for outdoor dining within the city. Prior to the outreach session, the city extensively promoted this event to maximize engagement and ensure a diverse range of inputs. Promotional efforts included reaching out to businesses, especially those with temporary outdoor dining setups, distributing flyers, creating a dedicated outdoor dining webpage, and utilizing various communication channels such as the City Manager’s Update, social media platforms, and email announcements to Chamber of Commerce members. Furthermore, city staff made direct announcements at the La Mesa Village Association Board Meeting on September 11 and engaged with the community at the Farmers Market on September 6.
This informational session was attended by approximately 20 members of the community, representing a diverse group of stakeholders, including residents, business owners, local employees, and other community members. The attendees were organized into four tables, with about five participants each. The session began with a preliminary online survey allowing participants to respond in real-time via their mobile devices. This was followed by a detailed 20-minute presentation by city staff and their consultant, which provided updates and context for the discussions that would follow. Subsequently, the majority of the workshop was dedicated to small group discussions at the tables. Each table discussion was preceded by an online survey question related to key topics such as parking, aesthetics, and the permitting process, encouraging focused and relevant dialogue among the participants.
Data Collection
To quickly understand the demographic background, preferences, and overall sentiment towards outdoor dining among attendees, polling questions were presented to all participants. Given the challenge in estimating audience size, these polls helped staff efficiently gather concrete feedback from a broad audience. While the responses facilitated discussion, they were not used as scientific data. The workshop employed both digital and in-person engagement methods, allowing for a comprehensive collection of views and insights on the management of outdoor dining. Live polling was conducted using Poll Everywhere, with a QR code provided at each table for easy access via mobile devices. For those preferring not to use digital means, printed surveys were also available. This dual approach enabled the collection of detailed feedback, essential for informed decision-making and the enhancement of the city’s outdoor dining experience.
Additionally, during the small group discussions, each group designated a note-taker to record the discussions, and these notes were collected to further enrich the data gathered.
PRELIMINARY QUESTIONS
At the start of the workshop, before the staff presentation, four questions were asked to understand the participants' connection to outdoor dining. The responses to these questions are summarized below.
Page
3
SMALL GROUP DISCUSSIONS
Parking
Below is the survey question that was presented to each participant. A total of 14 responses were collected online. This was followed by a small group discussion at each table. A summary is provided below, but verbatim notes from the parking discussions are provided in Appendix A.
Summary of All Input Received on Parking:
• A significant portion of feedback appreciates the Parking Commission’s efforts and sees potential benefits in reducing parking spaces to enhance the atmosphere and economic activity.
• The majority (50%) are neutral but want the city to carefully evaluate the impact of any changes to parking, indicating a cautious approach to losing parking spaces.
• Concerns were raised about the need for different parking strategies in different areas, the importance of parking for large events, and the integration of public transport and potential parking structures.
• There is a clear recognition of the trade-offs between parking availability and urban vibrancy, with a notable segment of the population (36%) strongly against reducing parking spaces.
• Discussions also highlighted the lack of correlation perceived by some between parking availability and the success of outdoor dining, suggesting a prioritization of dining experiences over parking convenience for some participants.
Public Right-of-Way
Below is the survey question that was posed to each participant regarding their primary concerns about outdoor dining in public right-of-way areas. Participants were asked to rank the following factors in order of priority:
1. Hours of Operation
2. Addition of Moveable Furniture
3. Noise
4. Design / Aesthetics
5. Delivery Vehicle Impacts
6. Loss of Parking
7. Lighting
8. Trash / Litter
9. Safety / Disorderly Conduct
10. Pedestrian Safety
Initially, many participants found it challenging to rank these concerns, resulting in only six responses collected online. Feedback indicated that several of the listed concerns were not significant to some participants, prompting staff to revise the question. Instead of ranking, participants were asked to identify which issues were most important to them.
The chart below highlights the top five concerns as identified by those who responded to the revised online survey.
Following the survey, participants engaged in small group discussions at each table. A summarized account of these discussions is presented below, with detailed verbatim notes included in Appendix B.
Process Assistance
The survey question outlined below was presented to each participant, with nine responses collected online. Participants overwhelmingly support a comprehensive support package in the permitting process, with 78% favoring an all-inclusive approach that provides detailed information, online resources, and staff support. The high support for the all-inclusive option suggests that participants see value in combining these aids rather than focusing on any single type of assistance. Despite a strong preference for comprehensive support, there was no direct interest (0%) in obtaining information as a standalone request.
Following this, participants engaged in small group discussions at each table. For comprehensive details, verbatim notes from the small group discussion notetakers and written responses from hard copy surveys are available in Appendix C.
Miscellaneous Topics
Originally, six questions were prepared for the small group discussions. Due to time constraints and the extended duration of each discussion, only three questions were formally presented using the described format (i.e., individual responses via online survey followed by small group discussions). Additionally, we collected survey responses on design and aesthetic considerations. Although this survey was available on Poll Everywhere, it was not formally presented to the entire audience, resulting in only five individuals responding. The responses are summarized below.
Overall, the aesthetic appeal strongly influences dining preferences, with most participants strongly agreeing that attractive and well-maintained outdoor settings significantly impact their decision to dine outdoors.
Several individuals who completed the printed surveys also answered additional questions. On the question of “When would you like to receive public notification from the City about an application for an outdoor dining permit?” most preferred to be notified before the City approves a permit. Other preferences ranged from being notified when the business applies to just before the business opening, with some indicating no need for notification. A related question asked respondents to rank which issues were most important concerning private property. Concerns on private properties mirror those expressed for public spaces but with increased emphasis on aesthetic integration, noise management, and minimizing disruption through design improvements.
KEY TAKEAWAYS
Reflecting on the extensive feedback and diverse opinions gathered from the outreach workshop, here are the key takeaways that encapsulate the community’s sentiments and priorities regarding outdoor dining and related city planning efforts:
1. Strong Demand for Process Clarity and Assistance:
There is a significant call for clearer information and more accessible resources regarding the permitting process. Stakeholders expressed a strong desire for a comprehensive support system that includes detailed guidelines, staff assistance, and user-friendly tools such as online checklists.
2. Safety and Aesthetics are Top Priorities:
Safety, particularly pedestrian safety, and the aesthetic integration of outdoor dining setups within public spaces, are crucial. Participants value well-designed, safe, and harmonious environments that enhance rather than disrupt the existing urban landscape.
3. Parking Concerns Remain Prevalent:
Concerns about the potential loss of parking due to the expansion of outdoor dining areas are significant. Many participants stressed the importance of maintaining sufficient parking to support both the dining public and other city traffic, suggesting a balanced approach to any reconfiguration of space.
4. Significant Interest in Outdoor Dining Expansion:
Despite some concerns, there is a noticeable interest in expanding outdoor dining opportunities. This is seen in the general support for more aesthetically pleasing dining areas and the positive reception of dining experiences during the COVID-19 pandemic.
5. Desire for Public Engagement and Transparency:
Workshop attendees appreciated the opportunity to voice their opinions and expressed a desire for ongoing engagement. Clear communication from the city about future changes, especially those affecting public right-of-way and private property concerns, is crucial.
6. Diverse Stakeholder Impact:
The input reflects a broad range of stakeholders, including residents, business owners, and local employees, each with unique perspectives and stakes in how outdoor dining is managed. This diversity highlights the need for tailored approaches to policy and implementation that consider all sides.
7. Operational Concerns:
Issues like noise, trash management, and the impact of delivery vehicles were also highlighted, indicating a need for operational guidelines that address these aspects comprehensively.
Appendices
APPENDIX A: Detailed Parking Notes
Small Group Discussions
• “Parking important, but La Mesa is regional draw; parking considerations for special events.”
• “No correlation between parking & outdoor dining; outdoor dining more important.”
• “Trolley access.”
Individual Written Comments
• “Concerned Farmer's Market will lose parking spaces to outdoor dining.” • “Public transportation options should be considered to alleviate parking issues.” • “Need to consider building a parking structure”
• “The Planning Commission is doing an outstanding job.” • “Vibes are better when losing a couple of parking spots.” • “Fewer pedestrian spaces.”
• “Parking is precious, but sacrificing a few parking spaces to increase vibrancy, dwell time, etc., increases eateries' revenue and therefore city tax revenue.” • “Different areas have different parking needs.”
APPENDIX B: Detailed Public Right-of-Way Concerns
Small Group Discussions
• “Vibrancy that's desirable.”
• “Not major or moderate concerns but items for consideration - pedestrian safety.” • “Public Safety, but not currently seeing any issues.” • “Design/Aesthetics - unifying design.”
• “No concerns.”
Individual Written Comments
• “Concerned about safety and ease of pedestrian movement with more outdoor dining.”
• “Need clear and attractive design guidelines to maintain neighborhood character.”
• “Noise control is essential, especially in evenings.” • “Trash management and cleanliness around dining areas need attention.” • “Ensure adequate lighting for safety and ambiance.”
• “Regulate hours of operation to avoid conflicts with residential areas nearby.”
APPENDIX C: Process Assistance
Workshop Small Group Discussions
• “Let people know timeframes in advance.”
• “Consideration for how much time between existing & permits.” • “The unknown is stressful for business owners.”
• “More communication, transparency, and equity.”
• “Consider waivers for businesses that don't meet all requirements.” • “Staff time before ready for application; describe what's needed upfront.” Individual Written Comments
• “Waiver or grievance process for businesses that might not meet all wickets on permit checklist.”
• “Easier way to renew a permit.”
• “OTC - Over the Counter Permit (Only) Outdoor Dining Needs to be approved quickly and as much as possible.”
E:\Zoning Ordinance Update\Outdoor Dining\Drafts\11.4.25\Draft Sidewalk Dining Policy Handout.doc
SIDEWALK DINING POLICY
COMMUNITY DEVELOPMENT DEPARTMENT / PLANNING DIVISION
8130 Allison Avenue, La Mesa, CA 91942
Phone: 619.667.1177
Pursuant to City Council Resolution No. 2025-XX, Sidewalk Dining Permits, approved by the City, are required to operate outdoor seating areas accessory to a food or beverage establishment that are located within the sidewalk area of the public right-of-way in the CD (Downtown Commercial) zone.
Issuance of a sidewalk dining permit is subject to conditions that outline regulations for operation and maintenance of sidewalk dining area. The Director of Community Development may impose specific conditions on Sidewalk Dining Permits unique to a specific proposal. Review and approval of an Encroachment Maintenance and Removal Agreement and a current Certificate of Insurance with all applicable endorsements, shall be required for approval of a Sidewalk Dining Permit.
PERMIT SUBMITTAL REQUIREMENTS
In order to submit an application for sidewalk dining, all required documents as noted below shall be submitted electronically at the MaintStar Permit Portal.
All applications, plans, and other supporting information must be complete, accurate, and submitted simultaneously before the application can be accepted for review.
1. Sidewalk Dining Permit Application
2. Applicable Deposit/Fee as per current fee schedule. Site Development Plan fees and Encroachment Permit fees shall apply to all Sidewalk Dining Permits.
3. Current Vesting Grant Deed reflecting current property ownership
4. Letter of Property Owner Authorization if applicant is not property owner
5. Cost Estimate of work proposed
6. Acknowledgement that General Liability Insurance Policy with at least $1,000,000 per occurrence and aggregate limits in the amount of $2,000,000 is required
7. Project Plans – A checklist of required information is provided below:
a. Project Information
• Site Address
• Assessor’s Parcel Number(s) (APN)
• Property owner, business owner, architect/engineer/designer, and contractor contact information
• Existing or proposed use of the primary business
• Project description i.e. placement and number of tables and chairs • Occupancy load for the sidewalk dining area in accordance with the Uniform Building Code
E:\Zoning Ordinance Update\Outdoor Dining\Drafts\11.4.25\Draft Sidewalk Dining Policy Handout.doc
b. Site Plan (see Sidewalk Dining Example Diagram)
• North arrow
• Street, curb, sidewalk, and all existing and proposed improvements in the sidewalk area dimensioned to scale
• Perimeter of building exterior walls
• Shade and note areas of work
• Location and boundaries of the sidewalk dining area
• Distance between the sidewalk dining area and the curb and the building • Distance between any obstruction (parking meters, fire hydrants, light poles, signs, benches, bike racks, trees, tree grates, etc.) and the sidewalk dining area • Required paths of travel dimensioned in compliance with the Americans with Disabilities Act
• If the sidewalk dining area is located adjacent to a street intersection, provide the required 15-foot radial clearance from the back of curb • Potted landscape details, location, and dimensions if proposed • Dimension of awning overhang if proposed
c. Floor Plan
• Dimensions of the sidewalk dining area boundaries
• Location, dimensions, materials, finish and color, and any other specifications of furniture and equipment (to include seating and tables) • Maximum occupancy of the sidewalk dining area
• Exit pathway from the building entrance/exit to the public sidewalk • Required path of travel within the sidewalk dining area • Lighting details, location, and dimensions if proposed d. Elevations (if awning proposed)
• Front view of the sidewalk café, including the existing building • Color and materials of the existing building
• Location, height, clearances, dimensions, materials, finish and color of any proposed awnings or fixed umbrellas and outdoor heaters (propane or piped gas type). Clearances from the heater must be shown.
e. Furniture specifications – photographic examples are acceptable f. Street Furniture Relocation Site Plan (if proposed – see Condition 12.b.) • North arrow
• Street, curb, sidewalk, and all existing and proposed improvements in the sidewalk area.
• Perimeter of building exterior walls
• Shade and note areas of work
E:\Zoning Ordinance Update\Outdoor Dining\Drafts\11.4.25\Draft Sidewalk Dining Policy Handout.doc
• Location of street furniture relocation to scale
• Distance between the relocated street furniture and the curb • Distance between any obstruction (parking meters, fire hydrants, light poles, signs, benches, bike racks, trees, tree grates etc.) and the proposed relocated street furniture
• Required path of travel within the sidewalk area
9. Additional information may be needed depending on specific conditions of the sidewalk dining permit.
PERMIT CONDITIONS
The following general conditions shall apply to all Sidewalk Dining Permits. The Director of Community Development may impose specific conditions on Sidewalk Dining Permits unique to a specific proposal.
1. Sidewalk dining shall be operated as an accessory use to an indoor food or beverage establishment in the Downtown Commercial zone.
2. A Sidewalk Dining Permit, Encroachment Maintenance and Removal Agreement (EMRA) and a current Certificate of Insurance with all applicable endorsements is required for all sidewalk dining areas.
3. An EMRA shall be recorded prior to issuance of the Sidewalk Dining Permit. The recorded EMRA shall be submitted to and kept on file with the City.
4. All insurance requirements shall be maintained current at all times, be reviewed annually, and provided in a form and an amount acceptable to the City as outlined in the EMRA.
5. All required insurance pursuant to the issuance of a Sidewalk Dining Permit shall be effective prior to the placement of any permitted sidewalk dining furniture, landscaping and/or equipment in the public right-of-way; and, shall remain effective until all such items are removed from the public right-of-way.
6. The Sidewalk Dining Permit, EMRA and General Liability Insurance Policy shall not be transferable in any manner. If there is a change of ownership or change of business to a new food or beverage establishment, all furniture shall be removed until a new application for a sidewalk dining area, including updated City determined liability insurance requirements, requisite endorsements and applicable fees are approved.
7. The Sidewalk Dining Permit shall expire and be renewed every 3 years from the date of issuance.
If the permit expires and is not renewed within 30 days of the expiration date, all sidewalk dining furniture and equipment shall be removed in its entirety by the permittee. If sidewalk dining furniture and equipment is not removed within 30 days of the expiration date, the City shall remove any sidewalk dining furniture and/or equipment at the sole cost of the permittee.
8. Prior to vacating the sidewalk dining area, the permittee shall fully restore City property to original conditions or better, at the determination of the Community Development Director.
9. The Sidewalk Dining permit may be terminated for the City’s convenience at any time, on thirty days' prior written notice.
E:\Zoning Ordinance Update\Outdoor Dining\Drafts\11.4.25\Draft Sidewalk Dining Policy Handout.doc
10.The hours of operation of sidewalk dining shall be the same as the associated food or beverage establishment; and, no later than 10 p.m.
11.All sidewalk dining areas shall be located directly adjacent to the establishment’s building wall.
12.Notwithstanding all general conditions, sidewalk dining areas may be located adjacent to the street curb, under the following conditions:
a. The Sidewalk dining area shall be located within designated sidewalk pop-outs as identified by the City.
b. Street Furniture Relocation Plan. All City-owned street furniture located within a proposed sidewalk dining area shall be replaced and/or relocated to another location as approved by the Director of Community Development, at the sole cost of the permittee. c. Street trees shall not be removed or relocated to accommodate sidewalk dining. d. Sidewalk dining areas shall be designed to preserve and protect existing trees. e. Tables and chairs shall not be placed on tree grates, and no awnings, lighting, or other furniture or equipment shall be attached to trees.
f. Disposal of beverages, water and/or ice at base of tree or in tree wells is prohibited. g. No electrical service, wiring, or cords shall be located or strung between a sidewalk dining area located adjacent to the curb and the associated place of business.
13.If fencing is proposed for the sidewalk dining area, it shall comply with the following standards:
a. All fencing shall be wrought iron and conform to City of La Mesa Standard Drawings. b. Fencing for sidewalk dining shall be securely fixed to the sidewalk and designed to be removable with tools to clearly define the boundaries of the sidewalk dining area. Nothing shall be attached to the fencing.
c. Fencing or landscaping shall not obstruct reasonable visibility into the interior of a sidewalk dining area from the sidewalk.
14.If no fencing is proposed for the sidewalk dining area, then the following conditions shall apply to the unenclosed sidewalk dining area:
a. The unenclosed sidewalk dining area shall be located directly adjacent to the establishment’s building wall.
b. The location of a sidewalk dining area shall be limited to the length of the establishment’s building frontage and shall not extend in front of adjacent or neighboring business spaces.
c. All furnishings, equipment, and landscaping shall be broken down or removed and placed inside daily outside of regular business hours, or no later than 10 p.m.
15.All Sidewalk dining areas shall maintain the following minimum dimensions for pedestrian access along the sidewalk:
a. A minimum clear, unobstructed path of travel at least four feet wide and seven feet clear in height. Physical obstructions that shall not be located within the path of travel include, but are not limited to, fire hydrants, landscaping, light posts, parking meters, sign panels, bicycle parking, public benches, and similar obstacles.
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b. A minimum radial clearance of fifteen feet from the corner intersections, as measured from the back of the curb.
16.The location of a sidewalk dining area shall be limited to the length of the establishment’s building frontage and shall not extend in front of adjacent or neighboring business spaces.
17.Sidewalk dining shall be designed to maintain clear legal exits to the public right-of-way. An unobstructed exit path at least four feet in width shall be maintained at all times from the building entrance to the public sidewalk and through any sidewalk dining area. Sidewalk dining with an occupancy greater than fifty people will require two dedicated exits.
18.No portion of sidewalk dining area shall impede any required building exit or obstruct egress to the public way.
19.No portion of a sidewalk dining area shall be located within three feet of a fire hydrant.
20.Permitted sidewalk dining furniture and equipment includes tables, chairs, heating units, lighting, market umbrellas with a stand, and awnings affixed to a building wall. No other furniture, shade coverings, or equipment are permitted.
21.No trash containers or other storage shall be placed within the sidewalk dining area or public right-of-way.
22.Sidewalk dining furniture, landscaping and equipment shall comply with the following standards:
a. All sidewalk dining furniture and landscaping shall be non-permanent and moveable subject to approval of the City.
b. Plastic furniture or any other materials deriving from plastic, are not permitted. c. Sidewalk dining furniture shall be regularly maintained. Faded, ripped, or broken fabric and/or materials shall be replaced to the satisfaction of the City within 30 days. d. Lighting provided for sidewalk dining areas shall comply withthe standards of the underlying zone, designed and positioned to avoid creating safety hazards for pedestrians or drivers, and subject to the approval of the City. This may require the use of shields, and may limit the location, type and height of light fixtures. e. Heating units shall be approved for outdoor use, installed in accordance with the manufacturer’s recommendations, and in compliance with all applicable safety and accessibility regulations, including maintaining clear paths of egress and adherence to the requirements of the Americans with Disabilities Act. Propane tanks used for heating units shall not be stored outdoors.
f. Sidewalk dining and all associated furniture and equipment shall be contained within the boundaries specified in the approved Sidewalk Dining Permit . Any expansion of the sidewalk dining area without prior City approval shall constitute a violation of the Sidewalk Dining Permit and may result in termination of the approval. g. Furniture or equipment associated with the sidewalk dining area shall not be stored outdoors at any time, except for items specifically approved as part of a sidewalk dining area.
h. No obstructions, including but not limited to equipment, furniture, or landscaping, shall swing or extend beyond the designated exterior perimeter of the approved sidewalk dining area.
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i. Colors used for sidewalk dining furniture shall be consistent with the design guidelines of the building, as determined by the Director of Community Development. Bright-colored furniture is not permitted.
j. If market umbrellas are proposed for the sidewalk dining area, they shall comply with the following standards:
i. The use of neon colors, logos, and/or branding on market umbrellas is prohibited. ii. Umbrellas shall be broken down or removed and placed inside daily outside of regular business hours, or no later than 10 p.m.
iii. Umbrellas shall be made of nonflammable material and comply with all applicable building and fire safety regulations.
iv. Umbrellas shall have a vertical clearance of at least seven feet above sidewalk level.
k. If an awning is proposed for the sidewalk dining area, it shall comply with the following standards:
i. The use of neon colors, logos, and/or branding on awnings is prohibited. ii. Awnings shall be made of nonflammable material and comply with all applicable building and fire safety regulations.
iii. Awnings shall have a vertical clearance of at least seven feet above sidewalk level.
iv. Awnings affixed to a building wall are subject to design criteria of the underlying and overlay zone(s) and shall be integrated into the architectural style of the building.
23.Floor coverings, including but not limited to carpet, fabric, canvas, wool, tile, linoleum, nylon, vinyl, artificial turf, wood, or other similar materials shall not be used within a sidewalk dining area.
24.If raised platforms or other alterations that create a different floor height are proposed, the following standards shall apply:
a. The raised platform shall be at the same height as the building’s interior finished floor height.
b. Raised platforms shall be located adjacent to the establishment’s building wall. c. Fencing is required.
d. The raised platform shall utilize a material that is currently used on the establishment’s building façade, or is determined by the Director of Community Development to be compatible to the establishment’s building façade.
25.The selling, serving, and consumption of alcoholic beverages shall be permitted only in sidewalk dining areas that are fenced and conform to all pertinent State laws.
26.All signage shall comply with Title 15 of the La Mesa Municipal Code and shall not be located within or on the fences of a sidewalk dining area. Sidewalk signs permitted under Chapter
15.12.080 may be placed only on the public sidewalk directly in front of the building frontage.
Such signs shall be placed outside of the defined sidewalk dining.
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27.Food preparation, storage, heating, cooking, smokers, or open flames are strictly prohibited in sidewalk dining areas.
28.Sidewalk dining areas shall not cause damage to paving, sidewalks, landscaping, lighting, street trees, parking meters, or any other City-owned property within the public right-of-way. Any damage resulting from the installation, operation, or removal of a sidewalk dining area shall be repaired or restored, to the satisfaction of the City, at the sole expense of the permittee.
29.Sidewalk dining and the surrounding sidewalk area shall, at all times, be kept free of litter and food waste that could constitute a nuisance or hazard to public health, safety or welfare.
Maintenance of the sidewalk dining and the surrounding sidewalk area shall be the sole responsibility of the permittee.
30.Sidewalk dining areas shall be in compliance with Code Section 7.18.070 of the La Mesa Municipal Code pertaining to Littering and Sweeping and are subject to inspection and enforcement to ensure the area is maintained in a clean and orderly condition, free from the accumulation of garbage, free from the accumulation of liquids to prevent slips and falls, and not creating conditions that attract pests or vermin.
31.Sidewalk dining shall be in compliance with the City’s Best Management Practices Manual Volume 1 for Existing Development and Volume 2 for Proposed Development. The City Engineer may establish additional and alternative Best Management Practices for a specific establishment designed to prevent storm water pollution and runoff.
32.The permittee shall comply with Labor Code Section 6404.5 and Chapter 7.27 of the La Mesa Municipal Code (Prohibition of Smoking in Certain Areas), which prohibits smoking in restaurants and public places, such as food or beverage establishments.
33.No live entertainment or performance entertainment as defined in Section 24.01.100 of the La Mesa Municipal Code shall be allowed in sidewalk dining areas unless expressly permitted through a separate approval process as defined in the La Mesa Municipal Code.
34.All uses of the sidewalk dining area shall comply with Chapter 10.80 of the La Mesa Municipal Code (Noise Regulation).
35.The operation of a sidewalk dining area shall maintain compliance with all applicable orders of the State and the County Public Health Officer and shall conform to all State and County Health and Safety Protocols.
36.The sidewalk dining area shall be in compliance with all applicable laws (local, state federal) at all times.
37.No Detrimental Reliance. The City does not and shall not guarantee nor warrant the issuance or duration of a Sidewalk Dining Permit. In consideration of the issuance of a Sidewalk Dining Permit, the permittee acknowledges and “assumes the risk” of termination or expiration of the Sidewalk Dining Permit; and, therefore, shall not detrimentally rely on the continuation of the Sidewalk Dining Permit beyond its termination or expiration.
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SIDEWALK DINING EXAMPLE DIAGRAM
PUBLIC ENGAGEMENT AND COMMENTS RECEIVED
Public comments received via email, stakeholder meetings, and during the community workshop on the draft Sidewalk Dining Policy include comments related to:
1. How Existing Sidewalk Dining Areas may be impacted by the new policy
2. Renewal Requirements, Change of Ownership, Termination, and No Detrimental Reliance
3. Furniture Materials and Colors
4. Furniture on Tree Grates
5. Hours of Operation & Noise
6. Paths of Travel Within Sidewalk Dining Areas
7. Further Clarification on Street Furniture Relocation
8. Fence Attachments
9. Request for additional time and additional engagement in the future Responses to summarized public comments received are provided below for further clarification:
EXISTING SIDEWALK DINING AREAS
Questions:
1. Will existing sidewalk cafes have to apply for a new permit, pay new fees, or have to make substantial changes to their existing spaces to come into compliance with the proposed sidewalk dining policy conditions?
2. How long will businesses have to come into compliance?
3. What are the fees for an existing, amended, or new sidewalk dining area? Response:
1. All existing sidewalk dining areas with an approved Site Development Plan may be maintained in conformance with the existing approval. If the existing sidewalk dining area is not in conformance with the existing approval, the business has 90 days from adoption of the policy to come into compliance.
2. The anticipated timeframe for this is June 10, 2026.
3. No fees would be required for existing sidewalk dining areas that conform to the approved Site Development Plan on file. For new or amended sidewalk dining areas, the cost of the Sidewalk Dining Permit (including the EMRA) would be consistent with the City’s adopted fee schedule for Site Plan Review and Encroachment Permit. The 2024-2025 fee schedule lists these fees as the following:
Site Plan Review: $1,885
Encroachment Permit: $506
NOTE: A new Sidewalk Dining Permit, proof of insurance, and Encroachment Maintenance Removal Agreement will be required for all existing, amended, and proposed sidewalk dining areas. New project plans are not required for existing sidewalk dining areas with an approved Site Development Plan.
RENEWAL REQUIREMENTS, CHANGE OF OWNERSHIP, TERMINATION, AND NO
DETRIMENTAL RELIANCE
Questions:
1. What is the renewal process, and why are permits limited to the 3-year renewal requirement?
2. Why are Sidewalk Dining Permits non-transferable?
3. Under what circumstances would the City terminate a sidewalk dining permit, and what are examples of situations in which the City may choose to do so? How can businesses be assured that permit termination or non-renewal will not occur without appropriate notice or justification?
4. Why is the detrimental reliance clause included in the policy? Response:
1. Renewable permits are standard practice for within the right-of-way (ROW). The City will create a renewal process that entails notification of time for renewal, a written request to renew, coordination of a site visit, confirmation of insurance, and an updated agreement as needed. There would be no cost to the permittee for renewal of an existing sidewalk dining area unless changes are proposed.
2. Permits are non-transferable as all sidewalk dining permits and agreements shall be signed by whomever is authorized to sign (e.g. on behalf of an LLC etc.) The City will create a streamlined change of ownership process to administratively review changes of ownership at no cost to the permittee. However, there may be applicable fees if changes are proposed to the sidewalk dining area.
3. The City maintains ownership and ultimate authority over anything within the public right-of-way. The City may not convey a permanent right to use public property without fair market considerations. This language is necessary to authorize the use of the public right-of-way without fair market consideration. It is anticipated that the City will renew all sidewalk dining permits unless there is an identified public health and safety concern, or non-compliance with the approved plans. In all cases, the
City will work with business owners to the extent possible to come into compliance and/or provide advance notice of no less than 30 days.
4. This language is required as the City maintains ownership and ultimate authority over anything within the public ROW. The City may not convey a permanent right to use public property without fair market considerations. The language proposed is necessary to authorize the use of the public ROW without fair market consideration.
FURNITURE MATERIALS AND COLORS
Question:
1. Would the City consider outdoor furniture that is plastic, but high quality and aesthetically attractive?
2. What is meant by “bright-colored” furniture?
Response:
1. The policy has been revised to read that all furniture shall be outdoor-rated. In addition.
2. The policy has been further clarified that the color of furniture shall be consistent with the business design, and no neon-colored furniture is permitted.
FURNITURE ON TREE GRATES
Question:
1. Why does the new policy not allow furniture on tree grates when this has previously been allowed, and is how many sidewalk dining areas are set up today? Response:
1. La Mesa is a tree-friendly city, and desires to maintain and promote the wellbeing of existing trees and typically does not allow for any furniture on tree grates. The Public Works Director confirmed that the tree grates within the Downtown Village are ADA compliant, and were constructed to withstand chairs and tables moving across them. Therefore, this condition has been revised to allow furniture on tree grates, with the permittee responsible for the cost of reinstallation if the grates are damaged or broken.
HOURS OF OPERATION & NOISE
Question:
1. Why are sidewalk dining hours of operation not allowed to extend past 10 p.m.?
2. Why can sidewalk dining furniture not remain outside after-hours? Response:
1. The Sidewalk Dining Policy includes conditions that are consistent with the City’s Municipal Code (LMMC). The permitted hours of operation align with the City’s noise ordinance. Failure to comply with the noise ordinance may require a noise technical study, which would trigger a lengthier and more costly discretionary review process. A review of other jurisdictions shows that the proposed hours of operation for Sidewalk Dining areas is consistent with those of surrounding cities.
For example, the City of San Diego, including the Gaslamp District, requires sidewalk cafés to close no later than 10:00 p.m. on weekdays and 11:00 p.m. on weekends.
2. Any furniture noted on the site plan as part of the approved Sidewalk Dining Permit may remain within the sidewalk dining area outside of hours of operation.
Exceptions for this rule are umbrellas for enclosed and unenclosed sidewalk dining areas, and furniture for unenclosed sidewalk dining areas. All non-affixed umbrellas shall be brought in daily. If umbrellas are affixed to fencing, they must be securely fastened closed after hours. Any furniture or equipment not associated with the approved sidewalk dining area must be stored indoors at all times.
PATHS OF TRAVEL WITHIN SIDEWALK DINING AREAS
Question:
1. Given the path-of-travel requirements on the sidewalk and within the dining area, will there be enough space for tables and chairs within fenced sidewalk dining areas to remain?
Response:
1. The City is committed to supporting economic development and helping local businesses succeed, while ensuring public health, safety, and accessibility for all users of the public ROW. Understanding that there are nuances and unique circumstances related to accessibility in the California Building Code, the draft policy has been revised to ensure accessibility through more generalized conditions that require path of travel within the sidewalk and the sidewalk dining area, dedicated accessible tables and seating, clear width for aisles, and exit paths that are compliant with Chapter 11B of the California Building Code.
FURTHER CLARIFICATION ON STREET FURNITURE RELOCATION
Question:
1. If required to relocate street furniture, who will decide where the furniture will be relocated?
Response:
1. The City will be responsible for any street furniture removal and relocation for a sidewalk dining area. In addition, the City will be responsible for purchasing, installing and maintaining fencing for sidewalk dining areas within the Downtown Village Parking Permit Program designated areas as requested.
FENCE ATTACHMENTS
Question:
1. Would the policy allow items such as umbrellas to be attached to sidewalk dining fencing to reduce tripping hazards from freestanding umbrellas, and could fencing also be used for event banners, holiday décor, or temporary weather-related barriers?
Response:
1. The policy has been revised to allow for umbrellas to be affixed to fences if demonstrated to be done securely and safely through a separate Building Permit.
Those umbrellas must be securely fastened closed after hours. No other attachments to the fencing would be allowed within the public ROW. However, holiday decor may be displayed temporarily, provided it is installed safely and subject to the City’s discretion.
REQUEST FOR ADDITIONAL TIME AND ADDITIONAL ENGAGEMENT IN THE FUTURE
Question:
1. Would it be possible to have more time between the workshop and the City Council Hearing to allow for further review the proposed policy? Response:
1. After the workshop, staff met with restaurant representatives to walk through each condition in further detail. In addition, staff scheduled on-site visits with each restaurant owner with an existing sidewalk café within the Downtown Commercial
(CD) zone. During this time, staff walked the restaurant owners through their existing approvals, and answered questions related to the new policy conditions.
There was interest in potential expansion sidewalk dining areas, and all were receptive of the proposed conditions as discussed. As staff moves forward with the Outdoor Dining policy for private property, staff will do additional engagement with restaurant owners.
To assist in review and understanding of proposed revisions, staff created a redline strike-through version and a clean version. The revised policy was posted to the City webpage on January 16, 2026, to provide additional time for the public to review and provide feedback on the updated policy.
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SIDEWALK DINING POLICY IN COMMERCIAL ZONES
COMMUNITY DEVELOPMENT DEPARTMENT / PLANNING DIVISION
8130 Allison Avenue, La Mesa, CA 91942
Phone: 619.667.1177
Pursuant to City Council Resolution No. 2026-XX, Sidewalk Dining Permits may be issued in all Commercial zones for use in the public right-of-way to establish outdoor seating areas accessory to a food or beverage establishment.
Issuance of a sidewalk dining permit is subject to conditions that outline regulations for operation and maintenance of sidewalk dining area. The Director of Community Development may impose specific conditions on Sidewalk Dining Permits unique to a specific proposal. Review and approval of an Encroachment Maintenance and Removal Agreement and a current Certificate of Insurance with all applicable endorsements, shall be required for approval of a Sidewalk Dining Permit.
PERMIT SUBMITTAL REQUIREMENTS
In order to submit an application for sidewalk dining, the following documents shall be submitted electronically at the MaintStar Permit Portal.
All applications, plans, and other supporting information must be complete, accurate, and submitted simultaneously before the application can be accepted for review.
1. Sidewalk Dining Permit Application
2. Applicable Fee as per current fee schedule for new or amended Sidewalk Dining area. Site Development Plan fees and Encroachment Permit fees shall apply to all Sidewalk Dining Permits.
3. Current Vesting Grant Deed reflecting current property ownership
4. Letter of Property Owner Authorization if applicant is not property owner
5. Cost Estimate of work proposed
6. Acknowledgement that General Liability Insurance Policy with City required limits is required
7. Project Plans – Checklist of required information for new or amended Sidewalk Dining Areas:
a. Project Information
• Site Address
• Assessor’s Parcel Number(s) (APN)
• Property owner, business owner, architect/engineer/designer and contractor contact information
• Existing or proposed use of the primary business
• Project description (e.g. placement and number of tables and chairs) • Occupancy load for the sidewalk dining area in accordance with the Uniform Building Code
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b. Site Plan Contents (see Sidewalk Dining Example Diagram) • North arrow
• Property line location
• Street, curb, sidewalk and all existing and proposed improvements in the sidewalk area dimensioned to scale
• Perimeter of building exterior walls
• Shade and note areas of work
• Location and boundaries of the sidewalk dining area
• Distance between the sidewalk dining area and the curb and the building • Distance between any obstruction (e.g. parking meters, fire hydrants, light poles, signs, benches, bike racks, trees) and the sidewalk dining area • Required paths of travel dimensioned in compliance with the Americans with Disabilities Act
• If the sidewalk dining area is located adjacent to a street intersection, provide the required 15-foot radial clearance from the back of curb • Potted landscape details, location, and dimensions if proposed • Dimension of awning overhang if proposed
c. Floor Plan
• Dimensions of the sidewalk dining area boundaries
• Location, dimensions, materials, finish and color, and any other specifications of furniture and equipment (to include seating and tables) • For proposed sidewalk dining areas outside of the Downtown Village Parking Permit Program designated areas, plans shall include height (no more than 6 feet high), materials, finish, color, and specifications of fencing • Maximum occupancy of the sidewalk dining area
• Exit pathway from the building entrance/exit to the public sidewalk • Required path of travel within the sidewalk dining area • Lighting details, location, and dimensions if proposed d. Elevations (if awning proposed)
• Front view of the sidewalk dining area, including the existing building • Color and materials of the existing building
• Location, height, clearances, dimensions, materials, finish and color of any proposed awnings affixed to a building wall or fixed umbrellas and outdoor heaters (propane or piped gas type). Clearances from the heater must be shown. e. Furniture specifications – photographic examples are acceptable
8. Additional information may be needed depending on specific conditions of the sidewalk dining permit.
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PERMIT CONDITIONS
The following general conditions shall apply to all Sidewalk Dining Permits in all commercial zones.
The Director of Community Development may impose specific conditions on Sidewalk Dining Permits necessitated by a unique, specific proposal.
1. Sidewalk dining shall be operated as an accessory use to an indoor food or beverage establishment and used exclusively for dining and drinking.
2. A Sidewalk Dining Permit, Encroachment Maintenance and Removal Agreement (EMRA) and a current Certificate of Insurance with all applicable endorsements is required for all sidewalk dining areas.
3. An EMRA shall be recorded prior to issuance of the Sidewalk Dining Permit. The recorded EMRA shall be submitted to and kept on file with the Community Development Department.
4. All insurance requirements shall be current at all times, reviewed annually, and provided in a form and an amount acceptable to the City as outlined in the EMRA.
5. All required insurance pursuant to the issuance of a Sidewalk Dining Permit shall be effective prior to the placement of any sidewalk dining furniture, landscaping and/or equipment in the public right-of-way; and, shall remain effective until all such items are removed from the public right-of-way.
6. The Sidewalk Dining Permit, EMRA and General Liability Insurance Policy shall not be transferable. If there is a change of ownership or change of business to a food or beverage establishment, all furniture shall be removed until a new application for a sidewalk dining area, including updated City determined liability insurance requirements, requisite endorsements and applicable fees are approved.
7. The Sidewalk Dining Permit shall expire and may be renewed every 3 years from the date of issuance. If the permit expires and is not renewed within 30 days of the expiration date, all sidewalk dining furniture and equipment shall be removed in its entirety by the permittee. If sidewalk dining furniture and equipment is not removed within 30 days of the expiration date, the City shall remove any sidewalk dining furniture and/or equipment at the sole cost of the permittee.
8. Prior to vacating the sidewalk dining area, the permittee shall fully restore City property to original conditions or better, as determined by the Community Development Director.
9. Any Sidewalk Dining permit may be terminated for the City’s convenience at any time, on thirty days' prior written notice.
10.The hours of operation of sidewalk dining shall be the same as the associated food or beverage establishment, but no later than 10 p.m.
11.All sidewalk dining areas shall be located directly adjacent to the food or beverage establishment’s building wall, and within the Downtown Commercial (CD) zone may also be adjacent to the street curb within a designated sidewalk pop-out
12.All sidewalk dining areas shall be restricted to the length of the building frontage(s) utilized for permittee’s business operations.
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13.If a sidewalk dining area is located within a designated sidewalk pop-out, then the following conditions apply:
a. All City-owned street furniture located within a proposed sidewalk dining area shall be replaced and/or relocated to another location as determined by the Director of Community Development.
b. Fencing shall be required.
c. Street trees shall not be trimmed, pruned, removed or relocated to accommodate sidewalk dining.
d. Sidewalk dining areas shall be designed to preserve and protect existing trees. e. No awnings, lighting, or other furniture or equipment shall be attached to trees. f. Disposal of beverages, water and/or ice at base of tree or in tree wells is prohibited. g. No electrical service, wiring, or cords shall be located or strung between a sidewalk dining area located adjacent to the curb and the associated place of business. h. Tree grates that are damaged due to the use of a sidewalk dining area shall be replaced at the sole cost of the permittee.
14.If fencing is proposed and/or required for the sidewalk dining area as noted in this policy, fencing shall comply with the following standards:
a. All fencing for sidewalk dining areas within the Downtown Village Parking Permit Program designated areas shall be wrought iron, comply with City of La Mesa Standard Drawing LMSD M-2 – Wrought Iron Fencing, and installed by the City. b. All fencing for sidewalk dining areas within the Downtown Commercial (CD) and not within the Downtown Village Parking Permit Program designated area, General Commercial (C), Neighborhood Commercial (CN), and Light Industrial and Commercial (CM) zones shall comply with the following standards:
i. Fences shall have a minimum height of three feet and a maximum height of six feet.
ii. Fences over four feet in height shall be at least fifty percent open (see-through) to maintain visibility.
iii. Permitted materials for all railings or fencing include wrought iron, tubular steel, wood, glass, decorative masonry, and planter boxes. The use of chain link, cyclone fencing, chicken wire, fabric inserts, rope, or plastic is strictly prohibited. c. Fencing for all sidewalk dining areas shall be securely fixed to the sidewalk and designed to be removable with tools to clearly define the boundaries of the sidewalk dining area. d. Nothing shall be attached to the fencing, unless otherwise stated. e. Fencing or landscaping shall not obstruct reasonable visibility into the interior of a sidewalk dining area from the sidewalk.
15.If no fencing is proposed for the sidewalk dining area, then the following conditions shall apply to the unenclosed sidewalk dining area:
a. The unenclosed sidewalk dining area shall be located directly adjacent to the establishment’s building wall.
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b. The location of a sidewalk dining area shall be restricted to the length of the building frontage(s) utilized for permittee’s business operations. c. All furnishings, equipment, and landscaping shall be removed and placed inside daily outside of regular business hours, but no later than 10 p.m.
16.All Sidewalk dining areas shall maintain the following minimum dimensions for pedestrian access within the sidewalk area of the public right-of-way:
a. A minimum clear, unobstructed path of travel at least four feet wide and seven feet clear in height. Physical obstructions that shall not be located within the path of travel include, but are not limited to, fire hydrants, landscaping, light posts, parking meters, sign panels, bicycle parking, public benches, and similar obstacles. b. A minimum radial clearance of fifteen feet from the corner intersections, as measured from the back of the curb.
17. Path of travel and seating requirements in sidewalk dining areas shall be in compliance with the California Building Code.
18.Sidewalk dining areas shall be designed to maintain clear legal exits to the public right-of-way in compliance with the California Building Code.
19.Sidewalk dining areas with an occupancy greater than fifty people will require two dedicated exits.
20.No portion of sidewalk dining area shall impede any required building exit or obstruct egress to the public right-of-way.
21.No portion of a sidewalk dining area shall be located within three feet of a fire hydrant.
22.Permitted sidewalk dining furniture and equipment includes tables, chairs, heating units, lighting, umbrellas, and awnings affixed to a building wall. No other furniture, shade coverings, or equipment are permitted.
23.Sidewalk dining furniture, landscaping and equipment shall comply with the following standards:
a. All sidewalk dining furniture and landscaping shall be non-permanent and moveable subject to approval of the Director of Community Development. b. All sidewalk dining furniture and equipment shall be outdoor-rated. For purposes of this policy, outdoor-rated means furniture designed to withstand exposure to the elements – rain, wind, and sun.
c. Sidewalk dining furniture shall be regularly maintained. Faded, ripped, or broken fabric and/or materials shall be replaced to the satisfaction of the Director of Community Development within 30 days.
d. Lighting provided for sidewalk dining areas shall comply with the standards of the underlying zone, designed and positioned to avoid creating safety hazards for pedestrians or drivers, and subject to the approval of the Director of Community Development. This may require the use of shields, and may limit the location, type and height of light fixtures.
e. Heating units shall be approved for outdoor use, installed in accordance with the manufacturer’s recommendations, and comply with all applicable safety and accessibility regulations, including maintaining clear paths of egress and comply with the Americans with Disabilities Act. Propane tanks used for heating units shall not be stored outdoors.
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f. Sidewalk dining and all associated furniture and equipment shall be contained within the boundaries specified in the approved Sidewalk Dining Permit. Any expansion of the sidewalk dining area without prior City approval shall violate the Sidewalk Dining Permit and shall result in permit revocation.
g. Furniture or equipment associated with the sidewalk dining area shall not be stored outdoors at any time, except for items specifically approved as part of a sidewalk dining area.
h. No obstructions, including but not limited to equipment, furniture, or landscaping, shall swing or extend beyond the designated exterior perimeter of the approved sidewalk dining area.
i. Colors used for sidewalk dining furniture shall be consistent with the design guidelines of the building, as determined by the Director of Community Development. Neon-colored furniture is not permitted.
j. If umbrellas are proposed for the sidewalk dining area, they shall comply with the following standards:
i. Umbrellas shall not contain signage, nor the use of neon colors, logos, and/or branding.
ii. Market umbrellas shall be removed and placed inside daily outside of regular business hours.
iii. Umbrellas shall be made of nonflammable material and comply with all applicable building and fire safety regulations.
iv. Umbrellas shall have a vertical clearance of at least seven feet above sidewalk level.
v. Umbrellas may be affixed to fencing with a building permit. Umbrellas affixed to fencing shall be securely fastened closed by close of business, or no later than 10 p.m.
k. If an awning is proposed for the sidewalk dining area, it shall comply with the following standards:
i. Awnings must be affixed to a building wall.
ii. The use of neon colors, logos, and/or branding on awnings is prohibited. iii. Awnings shall be made of nonflammable material and comply with all applicable building and fire safety regulations.
iv. Awnings shall have a vertical clearance of at least seven feet above sidewalk level.
v. Awnings are subject to design criteria of the underlying and overlay zone(s) and shall be integrated into the architectural style of the building.
24.No trash containers or other storage shall be placed within the sidewalk dining area or public rightof-way.
25.Floor coverings, including but not limited to carpet, fabric, canvas, wool, tile, linoleum, nylon, vinyl, artificial turf, wood, or other similar materials shall not be used within a sidewalk dining area.
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26.If raised platforms or other alterations that create a different floor height are proposed, the following standards shall apply:
a. The raised platform shall be at the same height as the building’s interior finished floor height.
b. Raised platforms shall be located adjacent to the food or beverage establishment’s building wall.
c. Fencing is required.
d. The raised platform shall utilize a material that is currently used on the food beverage establishment’s building façade or is determined by the Director of Community Development to be compatible to the establishment’s building façade.
27.The selling, serving, and consumption of alcoholic beverages shall be permitted only in sidewalk dining areas that are fenced and comply with State laws.
28.Signage shall be prohibited in sidewalk dining areas, excepting those signs that are pursuant to law.
29.Food preparation, storage, heating, cooking, smokers, or open flames are strictly prohibited in sidewalk dining areas.
30.Sidewalk dining areas shall not cause damage to paving, sidewalks, landscaping, lighting, street trees, parking meters, or any other City-owned property within the public right-of-way. Any damage resulting from the installation, operation, or removal of a sidewalk dining area shall be repaired or restored, to the satisfaction of the City, at the sole expense of the permittee.
31.Sidewalk dining and the surrounding sidewalk area shall, at all times, be kept free of litter and food waste that could constitute a nuisance or hazard to public health, safety or welfare.
Maintenance of the sidewalk dining and the surrounding sidewalk area shall be the sole responsibility of the permittee.
32.Sidewalk dining areas shall be maintained in a clean and orderly condition in compliance with La Mesa Municipal Code Section 7.18.070 pertaining to littering and sweeping.
33.Sidewalk dining shall comply with the City’s Storm Water Best Management Practices Manual Volume 1 for Existing Development and Volume 2 for Proposed Development.
34.The permittee shall comply with Labor Code Section 6404.5 and Chapter 7.27 of the La Mesa Municipal Code (Prohibition of Smoking in Certain Areas), which prohibits smoking in restaurants and public places, such as food or beverage establishments.
35.No live entertainment or performance entertainment as defined in Section 24.01.100 of the La Mesa Municipal Code shall be allowed in sidewalk dining areas.
36.All uses of the sidewalk dining area shall comply with Chapter 10.80 of the La Mesa Municipal Code (Noise Regulation).
37.The operation of a sidewalk dining area shall maintain compliance with all applicable orders of the State and the County Public Health Officer and shall conform to all State and County Health and Safety Protocols.
38.The sidewalk dining area shall be in compliance with all applicable laws (local, state federal) at all times.
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39.No Detrimental Reliance. The City does not and shall not guarantee nor warrant the issuance or duration of a Sidewalk Dining Permit. In consideration of the issuance of a Sidewalk Dining Permit, the permittee acknowledges and “assumes the risk” of termination or expiration of the Sidewalk Dining Permit; and, therefore, shall not detrimentally rely on the continuation of the Sidewalk Dining Permit beyond its termination or expiration.
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SIDEWALK DINING EXAMPLE DIAGRAM
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SIDEWALK DINING POLICY IN COMMERCIAL ZONES
COMMUNITY DEVELOPMENT DEPARTMENT / PLANNING DIVISION
8130 Allison Avenue, La Mesa, CA 91942
Phone: 619.667.1177
Pursuant to City Council Resolution No. 20265-XX, Sidewalk Dining Permits may be issued in all Commercial zones for use in the public right-of-way to establish outdoor seating areas accessory to a food or beverage establishment., approved by the City, are required to operate outdoor seating areas accessory to a food or beverage establishment that are located within the sidewalk area of the public right-of-way inthe CD (Downtown Commercial) zone.
Issuance of a sidewalk dining permit is subject to conditions that outline regulations for operation and maintenance of sidewalk dining area. The Director of Community Development may impose specific conditions on Sidewalk Dining Permits unique to a specific proposal. Review and approval of an Encroachment Maintenance and Removal Agreement and a current Certificate of Insurance with all applicable endorsements, shall be required for approval of a Sidewalk Dining Permit.
PERMIT SUBMITTAL REQUIREMENTS
In order to submit an application for sidewalk dining, the following documents all required documents as noted below shall be submitted electronically at the MaintStar Permit Portal.
All applications, plans, and other supporting information must be complete, accurate, and submitted simultaneously before the application can be accepted for review.
1. Sidewalk Dining Permit Application
2. Applicable Deposit/Fee as per current fee schedule for new or amended Sidewalk Dining area.
Site Development Plan fees and Encroachment Permit fees shall apply to all Sidewalk Dining Permits.
3. Current Vesting Grant Deed reflecting current property ownership
4. Letter of Property Owner Authorization if applicant is not property owner
5. Cost Estimate of work proposed
6. Acknowledgement that General Liability Insurance Policy with City required limits at least $1,000,000 per occurrence and aggregate limits in the amount of $2,000,000 is required
7. Project Plans – CA checklist of required information is provided belowfor new or amended Sidewalk Dining Areas:
a. Project Information
• Site Address
• Assessor’s Parcel Number(s) (APN)
• Property owner, business owner, architect/engineer/designer, and contractor contact information
• Existing or proposed use of the primary business
• Project description (e.g.i.e. placement and number of tables and chairs) • Occupancy load for the sidewalk dining area in accordance with the Uniform
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Building Code
b. Site Plan Contents (see Sidewalk Dining Example Diagram) • North arrow
• Property line location
• Street, curb, sidewalk, and all existing and proposed improvements in the sidewalk area dimensioned to scale
• Perimeter of building exterior walls
• Shade and note areas of work
• Location and boundaries of the sidewalk dining area
• Distance between the sidewalk dining area and the curb and the building • Distance between any obstruction (e.g. parking meters, fire hydrants, light poles, signs, benches, bike racks, trees, tree grates, etc.) and the sidewalk dining area • Required paths of travel dimensioned in compliance with the Americans with Disabilities Act
• If the sidewalk dining area is located adjacent to a street intersection, provide the required 15-foot radial clearance from the back of curb • Potted landscape details, location, and dimensions if proposed • Dimension of awning overhang if proposed
c. Floor Plan
• Dimensions of the sidewalk dining area boundaries
• Location, dimensions, materials, finish and color, and any other specifications of furniture and equipment (to include seating and tables) • For proposed sidewalk dining areas outside of the Downtown Village Parking Permit Program designated areas, plans shall include height (no more than 6 feet high), materials, finish, color, and specifications of fencing • Maximum occupancy of the sidewalk dining area
• Exit pathway from the building entrance/exit to the public sidewalk • Required path of travel within the sidewalk dining area • Lighting details, location, and dimensions if proposed d. Elevations (if awning proposed)
• Front view of the sidewalk dining areacafé, including the existing building • Color and materials of the existing building
• Location, height, clearances, dimensions, materials, finish and color of any proposed awnings affixed to a building wall or fixed umbrellas and outdoor heaters (propane or piped gas type). Clearances from the heater must be shown. e. Furniture specifications – photographic examples are acceptable f. Street Furniture Relocation Site Plan (if proposed – see Condition 12.b.) • North arrow
• Street, curb, sidewalk, and all existing and proposed improvements in the sidewalk area.
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• Perimeter of building exterior walls
• Shade and note areas of work
g.e.
• Location of street furniture relocation to scale
• Distance between the relocated street furniture and the curb • Distance between any obstruction (parking meters, fire hydrants, light poles, signs, benches, bike racks, trees, tree grates etc.) and the proposed relocated street furniture
• Required path of travel within the sidewalk area
8. Additional information may be needed depending on specific conditions of the sidewalk dining permit.
PERMIT CONDITIONS
The following general conditions shall apply to all Sidewalk Dining Permits in all commercial zones.
The Director of Community Development may impose specific conditions on Sidewalk Dining Permits necessitated by a unique, to a specific proposal.
1. Sidewalk dining shall be operated as an accessory use to an indoor food or beverage establishment, and used exclusively for dining and drinking in the Downtown Commercial zone.
2. A Sidewalk Dining Permit, Encroachment Maintenance and Removal Agreement (EMRA) and a current Certificate of Insurance with all applicable endorsements is required for all sidewalk dining areas.
3. An EMRA shall be recorded prior to issuance of the Sidewalk Dining Permit. The recorded EMRA shall be submitted to and kept on file with the CityCommunity Development Department.
4. All insurance requirements shall be maintained current at all times, be reviewed annually, and provided in a form and an amount acceptable to the City as outlined in the EMRA.
5. All required insurance pursuant to the issuance of a Sidewalk Dining Permit shall be effective prior to the placement of any permitted sidewalk dining furniture, landscaping and/or equipment in the public right-of-way; and, shall remain effective until all such items are removed from the public right-of-way.
6. The Sidewalk Dining Permit, EMRA and General Liability Insurance Policy shall not be transferable in any manner. If there is a change of ownership or change of business to a new food or beverage establishment, all furniture shall be removed until a new application for a sidewalk dining area, including updated City determined liability insurance requirements, requisite endorsements and applicable fees are approved.
7. The Sidewalk Dining Permit shall expire and may be renewed every 3 years from the date of issuance. If the permit expires and is not renewed within 30 days of the expiration date, all sidewalk dining furniture and equipment shall be removed in its entirety by the permittee. If sidewalk dining furniture and equipment is not removed within 30 days of the expiration date, the City shall remove any sidewalk dining furniture and/or equipment at the sole cost of the permittee.
8. Prior to vacating the sidewalk dining area, the permittee shall fully restore City property to original
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conditions or better, ast the determined byation of the Community Development Director.
9. AnyThe Sidewalk Dining permit may be terminated for the City’s convenience at any time, on thirty days' prior written notice.
10.9. 11.10. The hours of operation of sidewalk dining shall be the same as the associated food or beverage establishment, but; and, no later than 10 p.m.
11.All sidewalk dining areas shall be located directly adjacent to the food or beverage establishment’s building wall, and within the Downtown Commercial (CD) zone may also be adjacent to the street curb within a designated sidewalk pop-out.
12.All sidewalk dining areas shall be restricted to the length of the building frontage(s) utilized for permittee’s business operations.
12.13. If a sidewalk dining area is located within sa designated sidewalk pop-out, then the following conditions apply: Notwithstanding all general conditions, sidewalk dining areas may be located adjacent to the street curb, under the following conditions:
a. The Sidewalk dining area shall be located within designated sidewalk pop-outs as identified by the City.
a. Street Furniture Relocation Plan. All City-owned street furniture located within a proposed sidewalk dining area shall be replaced and/or relocated to another location as approved determined by the Director of Community Development, at the sole cost of the permittee.
b. Fencing shall be required.
c. Street trees shall not be trimmed, pruned, removed or relocated to accommodate sidewalk dining.
d. Sidewalk dining areas shall be designed to preserve and protect existing trees. e. Tables and chairs shall not be placed on tree grates, and Nno awnings, lighting, or other furniture or equipment shall be attached to trees.
f. Disposal of beverages, water and/or ice at base of tree or in tree wells is prohibited. g. No electrical service, wiring, or cords shall be located or strung between a sidewalk dining area located adjacent to the curb and the associated place of business. g.h. Tree grates that are damaged due to the use of a sidewalk dining area shall be replaced at the sole cost of the permittee.
13.14. If fencing is proposed and/or required for the sidewalk dining area as noted in this policy, fencingit shall comply with the following standards:
a. All fencing for sidewalk dining areas within the Downtown Village Parking Permit Program designated areas shall be wrought iron and, conform comply withto City of La Mesa Standard Drawing LMSD M-2 – Wrought Iron Fencings, and installed by the City. b. All fencing for sidewalk dining areas within the Downtown Commercial (CD) and not within the Downtown Village Parking Permit Program designated area, General Commercial (C), Neighborhood Commercial (CN), and Light Industrial and Commercial (CM) zones shall comply with the following standards:
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i. Fences shall have a minimum height of three feet and a maximum height of six feet.
ii. Fences over four feet in height shall be at least fifty percent open (see-through) to maintain visibility.
i.iii. Permitted materials for all railings or fencing include wrought iron, tubular steel, wood, glass, decorative masonry, and planter boxes. The use of chain link, cyclone fencing, chicken wire, fabric inserts, rope, or plastic is strictly prohibited. c. Fencing for all sidewalk dining areas shall be securely fixed to the sidewalk and designed to be removable with tools to clearly define the boundaries of the sidewalk dining area. b.d. Nothing shall be attached to the fencing, unless otherwise stated.. c.e. Fencing or landscaping shall not obstruct reasonable visibility into the interior of a sidewalk dining area from the sidewalk.
14.15. If no fencing is proposed for the sidewalk dining area, then the following conditions shall apply to the unenclosed sidewalk dining area:
a. The unenclosed sidewalk dining area shall be located directly adjacent to the establishment’s building wall.
b. The location of a sidewalk dining area shall be restricted to the length of the building frontage(s) utilized for permittee’s business operations.limited to the length of the establishment’s building frontage and shall not extend in front of adjacent or neighboring business spaces.
c. All furnishings, equipment, and landscaping shall be broken down or removed and placed inside daily outside of regular business hours, or but no later than 10 p.m.
15.16. All Sidewalk dining areas shall maintain the following minimum dimensions for pedestrian access along thewithin the sidewalk area of the public right-of-way:
a. A minimum clear, unobstructed path of travel at least four feet wide and seven feet clear in height. Physical obstructions that shall not be located within the path of travel include, but are not limited to, fire hydrants, landscaping, light posts, parking meters, sign panels, bicycle parking, public benches, and similar obstacles. b. A minimum radial clearance of fifteen feet from the corner intersections, as measured from the back of the curb.
16. 17.The location of a sidewalk dining area shall be limited to the length of the establishment’s building frontage and shall not extend in front of adjacent or neighboring business spaces.
17. Path of travel and seating requirements in sidewalk dining areas shall be in compliance with the California Building Code.
18.Sidewalk dining areas shall be designed to maintain clear legal exits to the public right-of-way in compliance with the California Building Code. An unobstructed exit path at least four feet in width shall be maintained at all times from the building entrance to the public sidewalk and through any sidewalk dining area.
18.19. Sidewalk dining areas with an occupancy greater than fifty people will require two dedicated exits.
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19.20. No portion of sidewalk dining area shall impede any required building exit or obstruct egress to the public right-of-way.
20.21. No portion of a sidewalk dining area shall be located within three feet of a fire hydrant.
21.22. Permitted sidewalk dining furniture and equipment includes tables, chairs, heating units, lighting, market umbrellas with a stand, and awnings affixed to a building wall. No other furniture, shade coverings, or equipment are permitted.
22.No trash containers or other storage shall be placed within the sidewalk dining area or public right-of-way.
23.Sidewalk dining furniture, landscaping and equipment shall comply with the following standards:
a. All sidewalk dining furniture and landscaping shall be non-permanent and moveable subject to approval of the CityDirector of Community Development. b. Plastic furniture or any other materials deriving from plastic, are not permitted. All sidewalk dining furniture and equipment shall be outdoor-rated. For purposes of this policy, outdoor-rated means furniture designed to withstand exposure to the elements – rain, wind, and sun.
b.
c. Sidewalk dining furniture shall be regularly maintained. Faded, ripped, or broken fabric and/or materials shall be replaced to the satisfaction of the City Director of Community Development within 30 days.
d. Lighting provided for sidewalk dining areas shall comply with the standards of the underlying zone, designed and positioned to avoid creating safety hazards for pedestrians or drivers, and subject to the approval of the CityDirector of Community Development. This may require the use of shields, and may limit the location, type and height of light fixtures.
e. Heating units shall be approved for outdoor use, installed in accordance with the manufacturer’s recommendations, and in compliancecomply with all applicable safety and accessibility regulations, including maintaining clear paths of egress and adherence to the requirements of comply with the Americans with Disabilities Act. Propane tanks used for heating units shall not be stored outdoors.
f. Sidewalk dining and all associated furniture and equipment shall be contained within the boundaries specified in the approved Sidewalk Dining Permit . Any expansion of the sidewalk dining area without prior City approval shall constitute a violateion of the Sidewalk Dining Permit and may shall result in termination of the approvalpermit revocation.
g. Furniture or equipment associated with the sidewalk dining area shall not be stored outdoors at any time, except for items specifically approved as part of a sidewalk dining area.
h. No obstructions, including but not limited to equipment, furniture, or landscaping, shall swing or extend beyond the designated exterior perimeter of the approved sidewalk dining area.
i.h.
j.i. Colors used for sidewalk dining furniture shall be consistent with the design guidelines of the building, as determined by the Director of Community Development. Neon-colored
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Bright-colored furniture is not permitted.
k.j. If market umbrellas are proposed for the sidewalk dining area, they shall comply with the following standards:
i. Umbrellas shall not contain signage, nor tThe use of neon colors, logos, and/or branding on market umbrellas is prohibited.
ii. Market uUmbrellas shall be broken down or removed and placed inside daily outside of regular business hours, or no later than 10 p.m.. iii. Umbrellas shall be made of nonflammable material and comply with all applicable building and fire safety regulations.
iv. Umbrellas shall have a vertical clearance of at least seven feet above sidewalk level.
iv.v. Umbrellas may be affixed to fencing with a building permit. Umbrellas affixed to fencing shall be securely fastened closed by close of business, or no later than 10 p.m.
l.k. If an awning is proposed for the sidewalk dining area, it shall comply with the following standards:
i. Awnings must be affixed to a building wall.
i.ii. The use of neon colors, logos, and/or branding on awnings is prohibited. ii.iii. Awnings shall be made of nonflammable material and comply with all applicable building and fire safety regulations.
iii.iv. Awnings shall have a vertical clearance of at least seven feet above sidewalk level.
iv.v. Awnings affixed to a building wall are subject to design criteria of the underlying and overlay zone(s) and shall be integrated into the architectural style of the building.
24.No trash containers or other storage shall be placed within the sidewalk dining area or public rightof-way.
25.Floor coverings, including but not limited to carpet, fabric, canvas, wool, tile, linoleum, nylon, vinyl, artificial turf, wood, or other similar materials shall not be used within a sidewalk dining area.
26.If raised platforms or other alterations that create a different floor height are proposed, the following standards shall apply:
a. The raised platform shall be at the same height as the building’s interior finished floor height.
b. Raised platforms shall be located adjacent to the food or beverage establishment’s building wall.
c. Fencing is required.
d. The raised platform shall utilize a material that is currently used on the food beverage establishment’s building façade, or is determined by the Director of Community Development to be compatible to the establishment’s building façade.
27.The selling, serving, and consumption of alcoholic beverages shall be permitted only in sidewalk dining areas that are fenced and conform to all pertinentcomply with State laws.
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28.Signage shall be prohibited in sidewalk dining areas, excepting those signs that are pursuant to law. All signage shall comply with Title 15 of the La Mesa Municipal Code and shall not be located within or on the fences of a sidewalk dining area. Sidewalk signs permitted under Chapter
15.12.080 may be placed only on the public sidewalk directly in front of the building frontage.
Such signs shall be placed outside of the defined sidewalk dining.
29.Food preparation, storage, heating, cooking, smokers, or open flames are strictly prohibited in sidewalk dining areas.
30.Sidewalk dining areas shall not cause damage to paving, sidewalks, landscaping, lighting, street trees, parking meters, or any other City-owned property within the public right-of-way. Any damage resulting from the installation, operation, or removal of a sidewalk dining area shall be repaired or restored, to the satisfaction of the City, at the sole expense of the permittee.
31.Sidewalk dining and the surrounding sidewalk area shall, at all times, be kept free of litter and food waste that could constitute a nuisance or hazard to public health, safety or welfare.
Maintenance of the sidewalk dining and the surrounding sidewalk area shall be the sole responsibility of the permittee.
32.Sidewalk dining areas shall be maintained in a clean and orderly condition in compliance with Code La Mesa Municipal Code Section 7.18.070 of the La Mesa Municipal Code pertaining to lLittering and sSweeping and are subject to inspection and enforcement to ensure the area is maintained in a clean and orderly condition, free from the accumulation of garbage, free from the accumulation of liquids to prevent slips and falls, and not creating conditions that attract pests or vermin.
33.Sidewalk dining shall be in compliancecomply with the City’s Storm Water Best Management Practices Manual Volume 1 for Existing Development and Volume 2 for Proposed Development.
The City Engineer may establish additional and alternative Best Management Practices for a specific establishment designed to prevent storm water pollution and runoff.
34.The permittee shall comply with Labor Code Section 6404.5 and Chapter 7.27 of the La Mesa Municipal Code (Prohibition of Smoking in Certain Areas), which prohibits smoking in restaurants and public places, such as food or beverage establishments.
35.No live entertainment or performance entertainment as defined in Section 24.01.100 of the La Mesa Municipal Code shall be allowed in sidewalk dining areas unless expressly permitted through a separate approval process as defined in the La Mesa Municipal Code.
36.All uses of the sidewalk dining area shall comply with Chapter 10.80 of the La Mesa Municipal Code (Noise Regulation).
37.The operation of a sidewalk dining area shall maintain compliance with all applicable orders of the State and the County Public Health Officer and shall conform to all State and County Health and Safety Protocols.
38.The sidewalk dining area shall be in compliance with all applicable laws (local, state federal) at all times.
39.No Detrimental Reliance. The City does not and shall not guarantee nor warrant the issuance or duration of a Sidewalk Dining Permit. In consideration of the issuance of a Sidewalk Dining Permit, the permittee acknowledges and “assumes the risk” of termination or expiration of the Sidewalk Dining Permit; and, therefore, shall not detrimentally rely on the continuation of the Sidewalk Dining Permit beyond its termination or expiration.
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SIDEWALK DINING EXAMPLE DIAGRAM
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DATE: January 27, 2026
TO: Mayor and Members of the City Council
FROM: Councilmember Genevieve Suzuki
VIA: Greg Humora, City Manager
SUBJECT: CONSIDERATION OF DIRECTING STAFF TO DRAFT AN ORDINANCE
ESTABLISHING RULES GOVERNING THE USE OF E-BIKES WITHIN
THE CITY TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF
RIDERS OF E-BIKES AND THE GENERAL PUBLIC
Ensuring the safety of our residents and visitors remains our City’s highest priority. To that end, we have seen an increase in activity related to these vehicles. Specifically, we have had 52 e-bike related calls in 2025 alone, and there have been six collisions involving e-bikes since 2023. These statistics highlight the need to evaluate our current framework to ensure our policies reflect the needs and safety of our community.
DATE: January 27, 2026
TO: Mayor and Members of the City Council
FROM: Councilmember Genevieve Suzuki
VIA: Greg Humora, City Manager
SUBJECT: CONSIDERATION OF THE CITY BECOMING A MEMBER OF THE GovAI COALITION FOUNDED BY THE CITY OF SAN JOSE TO
ADVANCE RESPONSIBLE AND PURPOSEFUL ARTIFICIAL
INTELLIGENCE PRACTICES IN THE PUBLIC SECTOR
The GovAI Coalition represents a national movement of over 2,000 public servants from more than 700 local, county, and state governments across the United States. This collaborative network is united in promoting responsible and purposeful artificial intelligence use in the public sector.
As cities increasingly explore AI technologies to improve public services, from translating public meetings in real-time to optimizing transit routes, we face a critical need for governance frameworks that protect our residents while enabling innovation. AI tools offer tremendous potential to make our city services more responsive, efficient, and accessible, but they also pose documented risks including privacy violations, algorithmic bias, and safety concerns.
The Coalition offers practical resources that can accelerate our responsible AI governance without reinventing the wheel:
Ready-to-adopt policy templates aligned with National Institute of Standards and Technology (NIST) frameworks.
AI procurement guidance and vendor accountability tools, including an AI Registry and Contract Hub.
Access to seven specialized committees covering governance, data management, procurement, community engagement, and use cases. Training resources and one-on-one support for implementing AI governance Cross-agency collaboration with peer cities facing similar challenges. Access to annual summits and networking with public sector AI leaders.
Coalition membership is free for government agencies, making this a cost-effective way to access expertise, templates, and best practices developed by practitioners for practitioners.
Joining the Coalition demonstrates La Mesa’s commitment to protecting our residents’ privacy and civil rights while positioning our city to thoughtfully leverage emerging technologies that can improve service delivery. It connects us with a community of agencies that have already navigated these challenges and are willing to share their lessons learned.
Membership in the GovAI Coalition represents a proactive, fiscally responsible approach to preparing La Mesa for the AI-enabled future of public service.