HomeMy WebLinkAbout2026.05.27 Agenda Packet
**POST-MEETING AGENDA**
Date:Wednesday, May 27, 2026
Time:6:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Planning Commission Regular Meeting
Watch live in English and Spanish: chulavistaca.gov/boardmeetings
Free Spanish interpretation is available on-site.
______________________________________________________________________________
In-Person Public Comments: Join us for the Planning Commission meeting at the time and location specified on this
agenda to make your comments.
Electronic Public Comments: At www.chulavistaca.gov/boardmeetings, locate this meeting and click the comment
bubble icon. Select the item and click on "Leave comment." The deadline to submit e-comments or any comments
emailed to PC@chulavistaca.gov will be noon on the day of the meeting.
Watch Live or Recorded Meetings: Visit www.chulavistaca.gov/boardmeetings. Click "ES" at the bottom to switch to
Spanish. Closed captioning is available in both languages.
ACCESSIBILITY: In compliance with the Americans with Disabilities Act, if you need special assistance to participate
in this meeting, please contact PC@chulavistaca.gov or (619) 691-5041. Providing at least 48 hours' notice will help
ensure that reasonable arrangements can be made.
Gov. Code § 84308 Regulations: To promote transparency and fairness in the governmental decision-making process,
there are rules to prevent public officials from being unfairly influenced by contributors to their campaigns. The type of
activity these laws were enacted to limit is often referred to as “pay-to-play,” and is governed in California by
Government Code section 84308. Parties to any proceedings involving a “license, permit, or other entitlement for use,”
as that term is defined in the Political Reform Act, pending before the City Council must disclose any campaign
contribution over $500 (aggregated) within the preceding 12 months made by the party, their agent, and those required
to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount
contributed and the name(s) of the contributor(s). "G.C. § 84308 Regulations Apply: Yes" on this agenda indicates that
the item is subject to these regulations.
Time Allotted for Speaking (subject to change by the presiding officer)
- Consent Calendar (any or all items): 3 minutes
- Agenda Items (not on Consent): 3 minutes
- General Public Comment (not on agenda): 3 minutes
Individuals who use a translator will be allotted twice the time.
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.CONSENT CALENDAR (Items 4.1 through 4.3)
Consent calendar items are considered together and acted upon by one motion. There is no
separate discussion of these items unless a commissioner or staff removes the item from the
Consent Calendar.
Recommended Action:
Approve the recommended action on the below consent calendar items.
4.1 Approval of Meeting Minutes 4
Recommended Action:
Approve minutes dated: April 22, 2026
4.2 Consider Request for Excused Absence 7
Recommended Action:
Consider approving request for an excused absence for Commissioner Felber from the
April 22, 2026, meeting.
4.3 Authorize the Chair to Work with Staff to Finalize and Submit the Annual Activities
Report for Fiscal Year 2025-26
Recommended Action:
Authorize the Chair to work with staff to finalize and submit the annual activities report.
5.PUBLIC COMMENTS
The public may address the Commission on any subject matter within the Commission's
jurisdiction that is not listed as an item on the agenda. State law generally prohibits the
Commission from discussing or taking action on any issue not included in the agenda. The
Commission may schedule the topic for future discussion or refer the matter to staff.
6.PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If you wish to
speak on one of these items, please fill out a "Request to Speak" form and submit it to the Deputy
City Clerk prior to the meeting or submit an electronic comment per the instructions on page one
of this agenda.
6.1 Code Update to Adopt Outdoor Dining Regulations 8
Location: Citywide
Department: Development Services and Economic Development
G.C. § 84308 Regulations Apply: Yes.
Environmental Notice: The project qualifies for a Categorical Exemption pursuant to
California Environmental Quality Act Guidelines Section 15301 (Existing Facilities),
Section 15303 (New Construction or Conversion of Small Structures), Section 15304
(Minor Alterations to Land), and Section 15311 (Accessory Structures).
Recommended Action:
Conduct a public hearing and recommend the City Council of the City of Chula Vista
adopt an ordinance amending Chula Vista Municipal Code (CVMC) Title 19 (Planning
and Zoning) to add Chapter 19.59. (Outdoor Dining Regulations) and recommend the
City Council adopt a resolution to establish fees associated with Outdoor Dining Facilities
within the public right-of-way.
City of Chula Vista Planning Commission
May 27, 2026 Agenda Page 2 of 42
7.STAFF REPORT
8.CHAIR'S COMMENTS
9.COMMISSIONERS' COMMENTS
10.ADJOURNMENT
to the regular meeting on June 10, 2026, at 6:00 p.m.
Materials provided to the Planning Commission related to any open-session item on this agenda
are available for public review at www.chulavistaca.gov/boardmeetings or the City Clerk's Office
at 276 Fourth Ave, Chula Vista.
We encourage community participation—sign up at www.ChulaVistaCA.gov/Boards to receive
email notifications when agendas are available.
City of Chula Vista Planning Commission
May 27, 2026 Agenda Page 3 of 42
Page 1
City of Chula Vista
Regular Planning Commission Meeting
MINUTES
Minutes are prepared and ordered to correspond to the agenda.
_____________________________________________________________________
1. CALL TO ORDER
The meeting was called to order at 6:00 p.m.
2. ROLL CALL
Deputy City Clerk Zepeda called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Led by Commissioner Sanfilippo.
4. PUBLIC COMMENTS
There were none.
5. PUBLIC HEARINGS
5.1 Conditional Use Permit PLN25-0043 (CUP25-0043) to Allow for a
Convenience Market and Alcohol Sales (“Project”) Within an Existing
Commercial Tenant Space in the Transect 4 (T4): Town Center (TC)
Zone
Page 4 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
2026-04-22 Planning Commission Regular Meeting Minutes
Page 2
Notice of the hearing was given in accordance with legal requirements,
and the hearing was held on the date and no earlier than the time
specified in the notice.
Associate Planner Sterling gave a presentation on the item, and applicant
Jose Perez assisted in answering questions on the item.
Chair Leal opened the public hearing.
There being no members of the public who wished to speak, Chair Leal
closed the public hearing.
Moved by Vice Chair Torres
Seconded by Commissioner Combs
To adopt Resolution No. 2026-005 as amended to permit alcohol sales
between the hours of 9:00 a.m. to 9:00 p.m. The motion was carried by the
following vote:
Result, Carried (4 to 1)
Item 5.1 heading:
RESOLUTION NO. 2026-005 OF THE PLANNING COMMISSION OF
THE CITY OF CHULA VISTA APPROVING A CATEGORICAL
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT GUIDELINES AND APPROVING CONDITIONAL USE PERMIT
PLN25-0043 (CUP25-0043) TO ALLOW A CONVENIENCE MARKET AND
THE SALE OF ALCOHOLIC BEVERAGES WITHIN AN EXISTING 2,240 -
SQUARE FOOT SUITE WITHIN A MIXED-USE COMMERCIAL AND
RESIDENTIAL BUILDING LOCATED WITHIN THE TRANSECT 4 (T-4):
TOWN CENTER (TC) ZONE OF THE OTAY RANCH VILLAGE 8 WEST
SECTIONAL PLANNING AREA
6. ACTION ITEMS
6.1 Approval of Meeting Minutes
Moved by Commissioner Combs
Seconded by Commissioner Sanfilippo
Page 5 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
2026-04-22 Planning Commission Regular Meeting Minutes
Page 3
To approve the minutes dated March 25, 2026. The motion was carried by
the following vote:
Result, Carried (5 to 0)
7. STAFF REPORT
Deputy Directors of Development Services, Colamussi and Bridgeford, provided
comments and updates on informational items.
8. CHAIR'S COMMENTS
There were none.
9. COMMISSIONERS' COMMENTS
Commissioners made comments and provided updates.
10. ADJOURNMENT
The meeting was adjourned at 6:55 p.m.
Minutes prepared by: Mariluz Zepeda, Deputy City Clerk
_________________________
Mariluz Zepeda, Deputy City Clerk
Page 6 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Request for Excused Absence Form – 6/19
REQUEST FOR EXCUSED ABSENCE
City of Chula Vista Boards, Commissions, and Committees
Name: _________________________________________________ Date of Absence: _________________________________
Board/Commission/Committee: _________________________________________________________________________________
Chula Vista Municipal Code section 2.25.110 (C) allows board/commission/committee members, by a
majority vote, to excuse a fellow board, commission, or committee member’s absence from a meeting for any
of the reasons listed below. A member who is absent from three consecutive, regular meetings will be
deemed to have vacated his or her membership, unless the member’s absence is excused by a
majority vote of the other members. An absence is only recorded as “excused” upon receipt of a member’s
request and majority vote of the board/commission/committee to excuse the absence. Accordingly, if you
have been absent from a regular meeting, please complete and submit this form to the chair or secretary.
Please indicate the reason for the absence:
1. Illness of the member, family member of the member, or personal friend of the member;
2. Business commitment of the member that interferes with the attendance of the member at a meeting;
3. Previously scheduled vacation of the member, notice of which was provided to the respective board
or commission in advance of the meeting;
4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly
significant event;
5. Unexpected, emergency situation that prohibits the member’s attendance; or
6. Other reason for which the member has given notice to the secretary of his or her unavailability at
least seven days in advance of the meeting.
OR
The absence was not for any of the above-listed reasons. I understand that the absence will be recorded
as unexcused.
I certify the reason for the absence indicated above is true and correct.
Member’s Signature: __________________________________________________________ Date: _____________________________
If completed by secretary or staff to board/commission/committee:
Completed on member’s behalf by: _____________________________, per member’s Verbal Written request
on: _________________.
(date)
(secretary/liaison’s name) 04/16/26
04/22/26
Planning Commission
Mariluz Zepeda
Bryan Felber
4
4
Page 7 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
v . 0 0 1 P a g e | 1
May 27, 2026
ITEM TITLE
Code Update to Adopt Outdoor Dining Regulations
Location: Citywide
Department: Development Services and Economic Development
G.C. § 84308 Regulations Apply: Yes
Environmental Notice: The project qualifies for a Categorical Exemption pursuant to California
Environmental Quality Act Guidelines Section 15301 (Existing Facilities), Section 15303 (New Construction
or Conversion of Small Structures), Section 15304 (Minor Alterations to Land), and Section 15311 (Accessory
Structures).
Recommended Action
Conduct a public hearing and recommend the City Council of the City of Chula Vista adopt an ordinance
amending Chula Vista Municipal Code (CVMC) Title 19 (Planning and Zoning) to add Chapter 19.59. (Outdoor
Dining Regulations) and recommend the City Council adopt a resolution to establish fees associated with
Outdoor Dining Facilities within the public right-of-way.
SUMMARY
The proposed ordinance establishes a permanent regulatory framework for Outdoor Dining Facilities within
the public right-of-way, specifically Sidewalk Cafes and Pocket Patios, through an objective ministerial
encroachment permit process. The ordinance is intended to support pedestrian-oriented commercial
activity, activate commercial corridors, and promote economic vitality by encouraging outdoor dining
opportunities throughout the City of Chula Vista (“City”). The proposed regulations establish clear standards
related to accessibility, public safety, operations, maintenance, design, and use of the public right-of-way to
ensure compatibility with surrounding public infrastructure, businesses, and pedestrian circulation. The
proposed ordinance also establishes authority for permitting, permit renewal, and public right-of-way
occupancy fees associated with Outdoor Dining Facilities, with specific fee amounts proposed for adoption
by separate City Council resolution.
HOUSING IMPACT STATEMENT
No housing units are proposed as part of the Project, and any commercial structures will be located within
the public right-of-way, not on private property.
Page 8 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 2
ENVIRONMENTAL REVIEW
The proposed project has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the project qualifies for a Categorical Exemption pursuant to State
CEQA Guidelines: Section 15301 (Existing Facilities), which consists of the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion of existing or former
use; Section 15303 (New Construction or Conversion of Small Structures), which consists of construction
and location of limited numbers of new, small facilities or structures; installation of small new equipment
and facilities in small structures; and the conversion of existing small structures from one use to anther
where only minor modifications are made in the exterior of the structure; Section 15304 (Minor Alterations
to Land), which consists of minor public or private alterations in the condition of land, water, and/or
vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural
purposes; and Section 15311 (Accessory Structures), which consists of construction, or placement of minor
structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities; and where
the exceptions listed in State CEQA Guidelines Section 15300.2 would not apply in that no cumulative impacts
were identified, no significant effects on the environment were identified, the project is not adjacent to a
scenic highway, no historical resources would be affected by the action, and the project was not identified on
a list of hazardous waste sites pursuant to Section 65962.5 of the Government Code. Thus, no further
environmental review is required.
DISCUSSION
Background
On February 1, 2011, the City Council adopted an Ordinance amending the Urban Core Specific Plan (UCSP),
adding Outdoor Dining Design Guidelines as an Appendix. This was in response to a stated goal of the UCSP,
which advocates for special pedestrian-oriented café environments within the Downtown Area.
During the COVID-19 pandemic, the City implemented temporary measures to support local businesses and
provide opportunities for outdoor activity in open-air environments. As part of those efforts, the City Council
approved actions in 2021 to facilitate outdoor dining along Third Avenue, including establishment of a
permitting process for Sidewalk Cafes and Curb Cafes (now referred to as Pocket Patios) within the public
right-of-way and amendments to CVMC Chapter 12.28 (Encroachments) to clarify administrative authority
for approval of certain encroachments into the public right-of-way. The City also established a grant
reimbursement program utilizing American Rescue Plan Act funding to help offset the design, permitting,
and construction costs associated with outdoor dining improvements. Staff subsequently developed
permitting procedures and design guidance for outdoor dining facilities within the public right-of-way.
While Sidewalk Cafes were generally envisioned as more long-term outdoor dining improvements, Curb
Cafes were initially implemented as a temporary response to pandemic-related operational constraints and
changing public health requirements. Following several permit extensions, notice was provided in 2024 that
the temporary Curb Cafe permits would expire, and the facilities would be required to be removed absent
further City action establishing a longer-term regulatory framework.
The City has continued to experience increasing interest from businesses seeking to utilize portions of the
public right-of-way for outdoor dining purposes, particularly within the Urban Core and Third Avenue
Page 9 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 3
corridors. Temporary outdoor dining programs implemented during and following the COVID-19 pandemic
demonstrated the value of outdoor activation in supporting local businesses, encouraging pedestrian
activity, and enhancing pedestrian-oriented commercial districts.
The proposed ordinance builds upon those earlier efforts by establishing a permanent, citywide regulatory
framework for Outdoor Dining Facilities, specifically Sidewalk Cafes and Pocket Patios. The proposed
ordinance establishes an objective ministerial encroachment permit process for the use and occupation of
the public right-of-way associated with Outdoor Dining Facilities and is intended to provide clear
operational, design, accessibility, maintenance, and public safety standards while supporting pedes trian-
oriented commercial activity and activation of commercial corridors. Additionally, Pocket Patios would
remain subject to applicable building permit and inspection requirements to ensure compliance with the
California Building Code and accessibility standards.
Development of the proposed ordinance was also informed by input and policy direction provided through
the City Council’s Outdoor Dining Subcommittee, established by the City Council on August 13, 2024, and
comprised of Mayor McCann and Councilmember Preciado.
In May 2025, the City retained HdL ECONSolutions through the City’s established on-call consultant program
to assist in the development of balanced, citywide outdoor dining regulations addressing Sidewalk Cafes,
Pocket Patios, food trucks, and related outdoor dining activities occurring within the public right-of-way. As
part of that effort, the consultant team evaluated regulations and best practices from other California
jurisdictions that permit outdoor dining in public spaces, including sidewalks and on-street parking areas, to
help inform development of the proposed ordinance. The proposed ordinance was further developed
through coordination with multiple City departments including Economic Development, Fire, Development
Services, Engineering, Finance, and the City Attorney’s Office as well as outreach to property owners,
business owners, and the Downtown Chula Vista Association.
In June 2025, the Economic Development Department and Office of Communications conducted community
outreach utilizing the City’s Community Voices public engagement platform. Through that outreach effort,
approximately 190 participants provided input regarding outdoor dining within the City. Survey results
demonstrated broad support for expanded outdoor dining opportunities. Sixty-two percent (62%) of
respondents said that they do not feel that there is enough outdoor dining in Chula Vista; sixty-four (64)
percent indicating general support of additional Sidewalk Cafes; and fifty (50) percent indicated they would
like to see more Curb Cafes, even if it means converting parking spaces to accommodate them.
The Outdoor Dining City Council Subcommittee met in April 2026, to review the proposed framework and
provide direction regarding permitting, operational standards, and public right-of-way considerations
associated with Outdoor Dining Facilities.
Code Amendment
The proposed regulations establish requirements for two (2) types of Outdoor Dining Facilities analyzed by
the staff and the consultant team: Sidewalk Cafes and Pocket Patios. The proposed ordinance is intended to
reduce barriers associated with obtaining authorization for encroachments into the public right-of-way by
establishing objective ministerial standards for Outdoor Dining Encroachment Permits while ensuring that
Outdoor Dining Facilities positively contribute to the safe and active use of the public realm for the
pedestrians and bicyclists of all abilities. The Development Services Department, in coordination with the
Economic Development, Engineering, and Public Works Departments, will periodically review
implementation of the Outdoor Dining program, including operational and enforcement outcomes, and will
Page 10 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 4
return to the Planning Commission and City Council with lessons learned and any recommended
amendments or adjustments after one (1) year after the first outdoor dining permit is issued and operational.
The proposed ordinance incorporates regulations addressing accessibility, public safety, emergency access,
pedestrian circulation, design standards, operational requirements, building permit requirements for Pocket
Patios, insurance and indemnity requirements, permit fees, and enforcement authority. The ordinance
distinguishes between Sidewalk Cafes, which operate within the sidewalk area of the public right-of-way,
and Pocket Patios, which temporarily occupy on-street parking spaces. The regulations are intended to
provide predictable and streamlined standards for applicants while maintaining accessibility, visibility,
public safety, and operational compatibility with surrounding businesses and public infrastructure.
In summary, the proposed regulations establish locational, operational, design, accessibility and
maintenance standards intended to ensure compatibility between Outdoor Dining Facilities and surrounding
public infrastructure and uses. These standards include requirements to ensure visibility, avoidance of
conflicts with existing and planned bike lanes and transit lanes, compliance with engineering standards,
stormwater, fire code, accessibility requirements and applicable noise standards for adjacent uses. The
regulations also require permittees and property owners to maintain the Outdoor Dining Facilities in a clean
and safe condition and to indemnify, defend, and hold harmless the City from claims, damages, injuries, or
liabilities associated with the private commercial use of the public right-of-way.
Fees
The proposed ordinance establishes a fee structure intended to recover the City’s reasonable costs associated
with review, permitting, inspection, monitoring, and administration of Outdoor Dining Facilities within the
public right-of-way, while also providing fair compensation for the temporary private commercial use and
occupation of public property. The proposed fee structure was developed following evaluation of similar
outdoor dining and public right-of-way encroachment programs utilized by California municipalities and is
generally consistent with common regulatory cost recovery practices associated with outdoor dining
facilities and other encroachments within the public right-of-way.
The proposed fees include:
Permit Fees
Sidewalk Cafe Initial Permit Fee: $1,250
Pocket Patio Initial Permit Fee: $3,500
Sidewalk Cafe Annual Renewal Fee: $500 annually
Pocket Patio Annual Renewal Fee: $1,250 annually
Public Right-of-Way Occupancy Fees
Sidewalk Cafe: $1.00 per square foot per month
Pocket Patio: $2.00 per square foot per month
Parking Revenue Recovery Fees
Based upon projected parking revenue loss, where applicable, annually
The initial permit fees are intended to recover costs associated with application intake, interdepartmental
review, engineering and accessibility review, permit preparation, inspection of site eligibility, and permit
issuance. Pocket Patio permit fees are higher due to the additional level of review associated with occupation
Page 11 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 5
of on-street parking spaces, including traffic safety considerations, roadway operations, emergency access,
drainage review, accessibility compliance, and coordination with applicable building permit requirements.
The Public Right-of-Way Occupancy Fees are intended to provide fair compensation to the City for the
temporary private commercial use and occupation of public right-of-way areas that would otherwise remain
available for general public use. The occupancy fees also help ensure that the City does not subsidize or
provide exclusive private commercial use of public property without appropriate compensation.
Annual renewal fees are intended to recover ongoing administrative and operational costs associated with
permit monitoring, compliance verification, insurance review, inspections, complaint response, and
enforcement activities. Where Outdoor Dining Facilities occupy metered or revenue-generating right-of-way,
a Parking Revenue Recovery Fee would also apply annually to offset projected public parking revenue losses
associated with conversion of parking spaces to Pocket Patios, collected at the time of initial permit and upon
permit renewal.
The proposed ordinance also includes annual fee adjustments tied to an established inflation index to help
ensure that fees continue to reflect operational and administrative costs over time.
CONCLUSION
Outdoor dining contributes to pedestrian-oriented activity, supports active and vibrant commercial
corridors, and enhances the economic vitality and character of business districts. The proposed ordinance
establishes a balanced regulatory framework for Outdoor Dining Facilities within the public right-of-way by
creating clear and objective standards related to public safety, accessibility, operations, maintenance, and
design while supporting continued activation of the public realm and local businesses. The proposed fee
structure is intended to recover the City’s administrative and operational costs associated with permitting,
inspection, monitoring, and enforcement activities, while also providing fair compensation for the temporary
private commercial use and occupation of public right-of-way areas. Accordingly, staff recommends that the
Planning Commission recommend that the City Council approve the proposed ordinance amending the Chula
Vista Municipal Code to add Section 19.58.XXX establishing Outdoor Dining regulations, including standards
and permitting procedures for Sidewalk Cafes and Pocket Patios within the public right-of way. Staff also
recommend that the Planning Commission recommend to the City Council the approval of the requested fees
for the administrative, occupancy, and revenue-recovery costs associated with the Sidewalk Cafe and Pocket
Patios in the public right-of-way.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the Planning Commission members do not create a disqualifying
real property- related financial conflict of interest under the California Political Reform Act (Cal. Gov’ t. Code
§ 87100, et seq.). Staff is not independently aware and has not been informed by any Planning Commission
member of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
FISCAL IMPACT
There is no current fiscal year or ongoing fiscal impact to the General Fund or Development Services Fund
as a result of the adoption and implementation of the proposed ordinance.
Page 12 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 6
ATTACHMENTS
Resolution A (Outdoor Dining Regulations)
Resolution B (Outdoor Dining Fees)
Draft City Council Ordinance
Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services
Mayra Medel, Principal Planner, Development Services
Rebecca Bridgeford, Deputy Director, Development Services
Kevin Pointer, Principal Economic Development Specialist
David Graham, Director of Economic Development
Page 13 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Form Rev 9/30/2025
RESOLUTION NO. __________
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING CITY COUNCIL ADOPT AMENDMENTS TO THE CHULA VISTA
MUNICIPAL CODE CREATING CHAPTER 19.59 ESTABLISHING REGULATIONS FOR
OUTDOOR DINING FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY, INCLUDING
SIDEWALK CAFES AND POCKET PATIOS
WHEREAS, the City of Chula Vista has experienced consistent and increasing interest
from businesses seeking to utilize portions of the public right-of-way for Outdoor Dining
Facilities, particularly within pedestrian-oriented commercial districts and the Urban Core Specific
Plan area; and
WHEREAS, Outdoor Dining Facilities can support economic vitality, activate commercial
corridors, enhance pedestrian-oriented environments, and support local businesses while providing
additional dining opportunities for residents and visitors; and
WHEREAS, the proposed ordinance establishes regulations governing Outdoor Dining
Facilities within the public right-of-way, including Sidewalk Cafes and Pocket Patios, and
establishes standards related to accessibility, public safety, emergency access, pedestrian
circulation, design standards, operational requirements, maintenance, building permit
requirements, insurance and indemnity requirements, permitting, permit fees, and enforcement
authority; and
WHEREAS, the proposed ordinance establishes objective standards intended to provide
predictable and streamlined standards for applicants while maintaining accessibility, visibility,
public safety, and operational compatibility with surrounding businesses and public infrastructure;
and
WHEREAS, the proposed ordinance includes requirements related to compliance with the
Americans with Disabilities Act (ADA), California Building Code, California Code of Regulations
Title 24, and other applicable federal, state, and local laws and regulations; and
WHEREAS, the proposed ordinance establishes permit fees, right-of-way occupancy fees,
and parking revenue recovery fees intended to offset administrative and operational impacts
associated with Outdoor Dining Facilities occupying portions of the public right-of-way; and
WHEREAS, the proposed legislative action has been reviewed for compliance with the
California Environmental Quality Act (“CEQA”) and it has been determined that the action
qualifies for Categorical Exemption pursuant to CEQA Guidelines Section 15301 (Existing
Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of ex isting or former use; Section
15303 (New Construction or Conversion of Small Structures), which consists of construction and
location of limited numbers of new, small facilities or structures; installation of small new
Page 14 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Resolution No.
Page 2
equipment and facilities in small structures; and the conversion of existing small structures from
one use to anther where only minor modifications are made in the exterior of the structure; Section
15304 (Minor Alterations to Land), which consists of minor public or private alterations in the
condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic
trees except for forestry or agricultural purposes; Section 15311 (Accessory Structures), which
consists of construction, or placement of minor structures accessory to (appurtenant to) existing
commercial, industrial, or institutional facilities; and where the exceptions listed in State CEQA
Guidelines Section 15300.2 would not apply in that no cumulative impacts were identified, no
significant effects on the environment were identified, the project is not adjacent to a scenic
highway, no historical resources would be affected by the action, and the project was not identified
on a list of hazardous waste sites pursuant to Section 65962.5 of the Government Code; and
WHEREAS, a hearing time and place was set by the Planning Commission to consider the
proposed Chula Vista Municipal Code amendments and notice of said hearing, together with its
purpose, was given by publication in a newspaper of general circulation in the City at least twenty
(20) days prior to the hearing; and
WHEREAS, after review and consideration of the Staff Report and related materials for
this matter, the Planning Commission held a duly noticed public hearing to consider the proposed
Chula Vista Municipal Code amendments at the time and place as advertised at 6:00 p.m. on
Wednesday, May 27, 2026, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission, and the hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the City Council of the City of Chula Vista adopt amendments to the Chula Vista
Municipal Code establishing regulations for Outdoor Dining Facilities within the public right -of-
way, including Sidewalk Cafes and Pocket Patios.
BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that
the City Council of the City of Chula Vista find that the proposed amendments to the Chula Vista
Municipal Code qualify for Categorical Exemptions pursuant to CEQA Guidelines Section 15301
(Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of existing or former
use; Section 15303 (New Construction or Conversion of Small Structures), which consists of
construction and location of limited numbers of new, small facilities or structures; installation of
small new equipment and facilities in small structures; and the conversion of existing small
structures from one use to anther where only minor modifications are made in the exterior of the
structure; Section 15304 (Minor Alterations to Land), which consists of minor public or private
alterations in the condition of land, water, and/or vegetation which do not involve removal of
healthy, mature, scenic trees except for forestry or agricultural purposes; Section 15311
(Accessory Structures), which consists of construction, or placement of minor structures accessory
to (appurtenant to) existing commercial, industrial, or institutional facilities; and where the
exceptions listed in State CEQA Guidelines Section 15300.2 would not apply in that no cumulative
impacts were identified, no significant effects on the environment were identified, the project is
not adjacent to a scenic highway, no historical resources would be affected by the action, and the
Page 15 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Resolution No. 2026-
Page 3
project was not identified on a list of hazardous waste sites pursuant to Section 65962.5 of the
Government Code.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City
Council.
Presented by Approved as to form by
Roy Sapa’u Marco A. Verdugo
Deputy City Manager/ City Attorney
Director of Development Services
PASSED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA,
CALIFORNIA, this 27th day of May 2026 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Rodrigo Leal, Chair
ATTEST:
_______________________
Mariluz Zepeda, Secretary
Page 16 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
RESOLUTION NO. __________
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA
RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ESTABLISHING
FEES RELATED TO OUTDOOR DINING FACILITIES WITHIN THE PUBLIC RIGHT -OF-
WAY, INCLUDING SIDEWALK CAFÉS AND POCKET PATIOS AND UPDATING THE
MASTER FEE SCHEDULE
WHEREAS, the City of Chula Vista is considering adoption of regulations establishing
standards and permitting procedures for Outdoor Dining Facilities within the public right-of-way,
including Sidewalk Cafés and Pocket Patios; and
WHEREAS, the proposed Outdoor Dining regulations establish a ministerial
encroachment permit process for temporary use and occupation of portions of the public right -of-
way associated with Outdoor Dining Facilities; and
WHEREAS, the proposed fee structure is intended to recover the City’s reasonable
administrative, operational, site eligibility inspection, enforcement, and permit processing costs
associated with review and administration of Outdoor Dining Facilities within the public right-of-
way; and
WHEREAS, the proposed fee structure establishes Sidewalk Café and Pocket Patio initial
permit fees intended to recover costs associated with application intake, interdepartmental review,
engineering and accessibility review, permit preparation, inspection of site eligibility, and permit
issuance; and
WHEREAS, the proposed fee structure also establishes Public Right-of-Way Occupancy
Fees intended to provide fair compensation to the City for the temporary private commercial use
and occupation of public property; and
WHEREAS, the proposed fee structure establishes Sidewalk Café and Pocket Patio Annual
Renewal Fees intended to recover ongoing administrative and operational costs associated with
permit monitoring, compliance verification, insurance review, inspections, complaint response,
and enforcement activities; and
WHEREAS, the proposed fee structure also establishes a Parking Revenue Recovery Fee
intended to offset projected public parking revenue losses associated with conversion of parking
spaces to Pocket Patios; and
WHEREAS, the proposed fees structure includes Sidewalk Café and Pocket Patio permit
fees, annual renewal fees, Public Right-of-Way Occupancy Fees, and Parking Revenue Recovery
Fees where applicable; and
WHEREAS, the proposed fees include:
Sidewalk Café Initial Permit Fee: $1,250;
Pocket Patio Initial Permit Fee: $3,500;
Page 17 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Resolution No.
Page 2
Sidewalk Café Public Right-of-Way Occupancy Fee: $1.00 per square foot per
month;
Pocket Patio Public Right-of-Way Occupancy Fee: $2.00 per square foot per
month;
Sidewalk Café Annual Renewal Fee: $500 annually;
Pocket Patio Annual Renewal Fee: $1,250 annually; and
Parking Revenue Recovery Fee based upon projected parking revenue loss, where
applicable, annually; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
proposed fees and related staff report and received and considered all oral and written testimony
presented regarding the matter.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista, that it hereby recommends that the City Council adopt a resolution establishing fees
associated with Outdoor Dining Facilities within the public right-of-way.
BE IT FURTHER RESOLVED by the Planning Commission of the City of Chula Vista
that the proposed fee structure is reasonably related to the administrative, operational, inspection,
enforcement, and public right-of-way occupancy impacts associated with Outdoor Dining
Facilities.
Presented by Approved as to form by
Roy Sapa’u Marco A. Verdugo
Deputy City Manager/ City Attorney
Director of Development Services
PASSED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA,
CALIFORNIA, this 27th day of May 2026 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Rodrigo Leal, Chair
ATTEST:
_______________________
Mariluz Zepeda, Secretary
Page 18 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
C:\Program Files\eSCRIBE\TEMP\13211922413\13211922413,,,Attachment 3 - Draft City Council Ordinance.docx
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL
CODE TITLE 12 (STREETS AND SIDEWALKS), TITLE 15 (BUILDINGS AND
CONSTRUCTION), AND TITLE 19 (PLANNING AND ZONING) TO ESTABLISH
REGULATIONS FOR OUTDOOR DINING FACILITIES WITHIN THE PUBLIC RIGHT-OF-
WAY, INCLUDING SIDEWALK CAFÉS AND POCKET PATIOS
WHEREAS, the City of Chula Vista (“City”) has experienced increasing interest from
businesses seeking to utilize portions of the public right-of-way for outdoor dining purposes,
particularly within pedestrian-oriented commercial districts and the Urban Core area; and
WHEREAS, Outdoor Dining Facilities can support economic vitality, activate commercial
corridors, enhance pedestrian-oriented environments, and support local businesses while providing
additional dining opportunities for residents and visitors; and
WHEREAS, the proposed ordinance establishes regulations governing Outdoor Dining
Facilities within the public right-of-way, including Sidewalk Cafés and Pocket Patios, and
establishes standards related to permitting, design, operations, accessibility, maintenance,
insurance, indemnity, public safety, fees, and enforcement; and
WHEREAS, the proposed ordinance establishes objective standards intended to maintain
pedestrian circulation, emergency access, accessibility compliance, visibility, public safety, and
compatibility with surrounding uses and public infrastructure; and
WHEREAS, the proposed ordinance includes requirements related to compliance with the
Americans with Disabilities Act (ADA), California Building Code, California Code of Regulations
Title 24, and other applicable federal, state, and local laws and regulations; and
WHEREAS, the proposed legislative action has been reviewed for compliance with the
California Environmental Quality Act (CEQA) and it has been determined that the action qualifies
for Categorical Exemption pursuant to CEQA Guidelines Section 15301 (Existing Facilities),
which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of existing or former use; Section
15303 (New Construction or Conversion of Small Structures), which consists of construction and
location of limited numbers of new, small facilities or structures; installation of small new
equipment and facilities in small structures; and the conversion of existing small structures from
one use to anther where only minor modifications are made in the exterior of the structure; Section
15304 (Minor Alterations to Land), which consists of minor public or private alterations in the
condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic
trees except for forestry or agricultural purposes; Section 15311 (Accessory Structures), which
consists of construction, or placement of minor structures accessory to (appurtenant to) existing
commercial, industrial, or institutional facilities; and where the exceptions listed in State CEQA
Guidelines Section 15300.2 would not apply in that no cumulative impacts were identified, no
significant effects on the environment were identified, the project is not adjacent to a scenic
Page 19 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Ordinance
Page 2
highway, no historical resources would be affected by the action, and the project was not identified
on a list of hazardous waste sites pursuant to Section 65962.5 of the Government Code; and
WHEREAS, City staff recommends that the City Council approve and adopt the Ordinance
with the proposed amendments to the Chula Vista Municipal Code; and
WHEREAS, after reviewing and consideration of the Staff Report and related materials for
this matter, the Planning Commission held a duly noticed public hearing on the subject Ordinance
and voted ______ to adopt Resolution No. 2026-XX, and thereby recommends that the City
Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the subject Chula
Vista Municipal Code amendments and notice of said hearing, together with its purpose, was given
by publication in a newspaper of general circulation in the City at least t wenty (20) days prior to
the hearing; and
WHEREAS, after review and consideration of the Staff Report and related materials for
this matter, the City Council held a duly noticed public hearing to consider the proposed Chula
Vista Municipal Code amendments at the time and place as advertised in the Council Chambers,
276 Fourth Avenue, before the City Council, and the hearing was thereafter closed.
NOW, THEREFORE the City Council of the City of Chula Vista does hereby find and
ordain as follows:
Section I. The purpose of this Ordinance is to establish consistent standards and
permitting procedures for Outdoor Dining Facilities within the public right-of-way in order to
support economic vitality while maintaining accessibility, pedestrian circulation, public safety,
emergency access, visibility, and compatibility with surrounding uses and infrastructure.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
Page 20 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Ordinance
Page 3
This Ordinance shall take effect and be in force on the 30th day after its final passage.
Section V. Publication
Chapter 19.59
Outdoor Dining Facilities Within the Public Right-of-Way
Outdoor Dining Facilities
19.59.010 Purpose
The purpose of this chapter is to establish requirements for Outdoor Dining Facilities located
within the public right-of-way in the form of Pocket Patios and Sidewalk Cafes. Pocket Patios
allow the temporary conversion of on-street parking spaces into outdoor dining areas that
function as extensions of adjacent licensed businesses. Sidewalk Cafes allow portions of the
sidewalk adjacent to licensed businesses to be temporarily used for outdoor dining areas. These
requirements ensure that Outdoor Dining Facilities protect public health, safety, and welfare
while maintaining adequate pedestrian circulation, public access, and public safety standards.
These requirements also provide guidance to applicants for the design and management of their
installations.
Outdoor Dining Facilities, as defined within this chapter, are permitted in all zoning districts
where eating and drinking establishments are permitted, subject to the following regulations. It is
not the intent of this chapter to regulate outdoor eating and drinking establishment areas that are
located on private property.
19.59.020 Outdoor Dining Definitions
“ABC License” shall mean a liquor license issued by the California Department of Alcoholic
Beverage Control that is legally required for any business, restaurant, bar, or retailer to
manufacture, store, or sell alcoholic beverages in the state of California;
“Outdoor Dining Facility(ies)” shall mean either a Sidewalk Cafe or Pocket Patio as defined in
this chapter;
“Outdoor Dining Encroachment Permit” shall mean a temporary, revocable, and non-exclusive
authorization issued by the City for the occupancy and use of a portion of the public right-of-way
for an Outdoor Dining Facility. An Outdoor Dining Encroachment Permit shall not create or
confer any property right, leasehold interest, vested right, or exclusive right of use;
“Pocket Patio” shall mean an outdoor space built on a platform structure that occupies one or
more on-street parking spaces, incorporating elements such as seating, planting, shade, safety
features, and/or lighting and is used for outdoor dining or eating associated with an adjacent food
and/or beverage establishment.
“Sidewalk Cafes” shall mean temporary outdoor dining areas located within the sidewalk portion
of the public right-of-way, associated with adjacent licensed eating and drinking establishments
that combines elements such as seating, planting, shade, safety features, and/or lighting.
Page 21 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Ordinance
Page 4
19.59.030 Outdoor Dining Encroachment Permit Required
It shall be unlawful to construct, install, maintain, or operate an Outdoor Dining Facility within
the public right-of-way without first obtaining an Outdoor Dining Encroachment Permit in
accordance with this chapter, executing a Maintenance and Removal Agreement pursuant to
CVMC Section 12.28.050, and paying all applicable fees established by resolution of the City
Council.
19.59.040 Form and Conditions of the Encroachment Permit
The Outdoor Dining Encroachment Permit issued shall be in a form provided by the
Development Services Department and in compliance with CVMC Chapter 12.28 except as
specified in this section. The area of encroachment shall be specifically limited to the area shown
on an exhibit prepared by the applicant, approved by the Director of Development Services (or
designee) and attached or made part of the permit. The Outdoor Dining Encroachment Permit
shall also include an indemnification of the City from liability. Each Outdoor Dining
Encroachment Permit issued shall be personal to the permittee and is not transferable, delegable,
or assignable. Any attempted transfer, delegation, or assignment of the permit shall be void. In
the event of a business transfer, a new permit application for the Outdoor Dining Encroachment
Permit shall be submitted in accordance with this chapter.
Additional conditions related to the design and operation of an Outdoor Dining Facility may be
imposed prior to encroachment permit issuance at the sole discretion of the City.
The Director of Development Services (or designee) and/or City Engineer may adopt and
periodically update administrative design guidelines, standard details, and application materials
consistent with this chapter.
19.59.050 Term
Each encroachment permit for operation of an Outdoor Dining Facility shall expire two (2) years
after the date of initial approval. An application for renewal shall be received by the City 30 days
prior to the expiration date.
19.59.060 Outdoor Dining Facility Fees
A. An application for an Outdoor Dining Encroachment Permit shall be accompanied by
payment of all applicable application, permit, and plan review fees, inspection, and processing
fees, as established by resolution of the City Council and/or Master Fee Schedule. The City shall
not accept, deem complete, or process any application until all required application and initial
processing fees have been paid. Such fees are separate from and in addition to any Use of Public
Right-of-Way Fee, Parking Revenue Recovery Fee, Sewer Capacity Fee, or other fee, charge, or
cost recovery amount otherwise authorized by this Code or applicable law.
B. Use of Public Right-of-Way Fee. The Use of Public Right-of-Way Fee shall be
established by resolution of the City Council and administered by the Director of Development
Services or designee. The fee shall be calculated based upon the square footage of public right-
of-way occupied or made unavailable for public use by an Outdoor Dining Facility and shall
include consideration of the temporary private commercial use of the public right-of-way, permit
administration, inspections, and ongoing monitoring associated with the Outdoor Dining
Encroachment Permit.
Page 22 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Ordinance
Page 5
1. The Use of Public Right-of-Way Fee shall be due prior to permit issuance and
thereafter 30 days prior to the date of permit renewal.
2. The Use of Public Right-of-Way Fee shall be adjusted annually on October 1st
based on the greater of:
a. Three percent (3%); or
b. The percentage of increase in the Consumer Price Index for All Urban
Consumers (CPI-U), San Diego-Carlsbad, as published by the United States
Bureau of Labor Statistics.
C. Outdoor Dining Facilities shall be subject to Sewer Capacity Fees in accordance with
CVMC Section 13.14.090.
D. Parking Revenue Recovery Fee. Where an Outdoor Dining Facility occupies or
encroaches upon one or more existing metered parking spaces or other revenue-generating
portions of the public right-of-way, the applicant shall pay a Parking Revenue Recovery Fee. The
Parking Revenue Recovery Fee shall be calculated to recover the projected parking revenue
foregone during the term of the Outdoor Dining Encroachment Permit based upon the parking
meter rates established by resolution of the City Council, applicable parking utilization data,
occupancy assumptions, and other relevant parking revenue information, as determined by the
Director of Finance or designee. The Parking Revenue Recovery Fee shall be due at the time of
permit issuance and upon permit renewal, as applicable.
19.59.070 Bond
In addition to all other requirements and prior to issuance of the Outdoor Dining Encroachment
Permit, the permittee shall post a bond in accordance with CVMC Section 12.28.080.
19.59.080 Liability and Insurance
In addition to all other requirements and prior to issuance of the Outdoor Dining Encroachment
Permit, the permittee shall provide insurance and indemnity to the City in accordance with
CVMC Section 12.28.090 or at the discretion of the Director of Development Services and/or the
City Engineer.
19.59.090 Outdoor Dining Requirements - Sidewalk Cafe
A. Design requirements. Sidewalk Cafes shall comply with the following objective design and
operational standards to the extent that they are consistent with state law, and subject to the
following requirements:
1. A Sidewalk Cafe shall be located within the sidewalk area immediately adjacent to a
street-level eating and drinking establishment. They shall be restricted to the length of
the building frontage, unless written consent is provided in writing from the
adjacent/adjoining business and property owners that the Sidewalk Cafe would
encroach in front of.
2. The area of a Sidewalk Cafe shall be delineated by a continuous barrier consisting of
railings, fences, or a combination of railings and fences, and planter boxes that are 36
inches (3 feet) in height or less. Solid walls are not permitted. Installation of barriers
is subject to an encroachment permit.
Page 23 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Ordinance
Page 6
3. Barriers associated with a Sidewalk Café may be movable or permanently installed.
All barriers shall be secured or affixed in accordance with applicable City standards
while the Sidewalk Café is in operation. Permit plans submitted for an Outdoor
Dining Encroachment Permit shall identify the proposed barrier type and method of
securing or attachment to the public right-of-way. Permanently installed barriers and
any associated anchoring or attachment to the public right-of-way shall comply with
applicable encroachment permit and construction requirements.
4. A clear, transparent, shatterproof glass or similar material may be used on top of the
3-foot-tall barrier to enclose the Sidewalk Cafe to minimize windy or cold climatic
conditions. The height of the Sidewalk Cafe barrier plus the clear enclosure shall not
exceed 60 inches (5 feet). Chain-link fencing, cyclone fencing, chicken wire, fabric
inserts, pallets, tires, temporary containers, or similar improvised materials shall be
prohibited.
5. Landscaping, planters, barriers, furnishings, or other design elements located along
the perimeter of a Sidewalk Cafe shall be designed and maintained to preserve
visibility into and out of the outdoor dining area for public safety and pedestrian
awareness. No perimeter element or combination of elements above forty-two (42)
inches shall create a continuous opaque visual barrier or reduce transparency below
fifty percent (50%).
6. Awnings or umbrellas may be used in conjunction with a Sidewalk Cafe, but shall not
be used as a permanent roof or shelter over the Sidewalk Cafe area. Umbrellas shall
not encroach beyond the barrier and the required accessible path of travel.
7. If awnings are attached to the main building, they shall be secured in accordance with
the California Building Code and shall be subject to a building permit and inspections
by the Building Official prior to occupancy of a Sidewalk Cafe.
8. Building owner approval must be provided at time of application for installation of
item onto private property.
9. The name and type of establishment may be placed on the valance of an awning with
an overhang not lower than eighty-four (84) inches from the finished grade of the
sidewalk and shall not conflict with awnings, lighting, or plantings. Other signs are
not permitted on a Sidewalk Cafe.
10. No freestanding signs, banners, promotional displays, or fence-mounted signage shall
be permitted within a Sidewalk Cafe unless otherwise expressly authorized by this
Code.
11. The interior of a Sidewalk Cafe shall consist solely of moveable furnishings,
including moveable tables, chairs, service trolleys, landscape planters, and umbrellas.
At no time shall Sidewalk Cafe be used for temporary or long-term storage of any
items other than those stated herein.
12. Planting may be placed in movable planters inside a delineated Sidewalk Cafe area
adjacent to the barrier. Planters may not exceed a height of thirty-six (36) inches
above the level of the sidewalk. Plant material may not exceed a height of seventy-
two (72) inches above the level of the sidewalk and shall be maintained in a safe and
healthy condition. Artificial plants, empty planters, or planters with filler material are
strictly prohibited.
13. No portion of a Sidewalk Cafe may be located in front of an adjacent ground floor
commercial use unless the property owners and first floor tenants of the affected
Page 24 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Ordinance
Page 7
commercial lease spaces provide a notarized letter of permission and approved by the
Development Services Director (or designee).
14. Lighting fixtures may be permanently affixed to the front of the associated eating and
drinking establishment but shall not protrude into the pedestrian path.
15. Outdoor Dining Facilities and associated furnishings shall be maintained in good
visual and operational condition, free from visible deterioration, rust, corrosion,
peeling paint, tears, or other evidence of disrepair.
16. Accessibility. A Sidewalk Cafe shall be designed, constructed, maintained, and
operated in compliance with all applicable federal, state, and local accessibility laws
and regulations, including but not limited to the Americans with Disabilities Act
(ADA) and California Code of Regulations, Title 24. Sidewalk Cafes shall maintain
accessible paths of travel, accessible seating, and clear pedestrian circulation in a
manner that provides safe and equitable access for persons with disabilities. No
Sidewalk Cafe shall obstruct or interfere with required accessibility features,
pedestrian access, or use of the public right-of-way. Where the requirements of this
section conflict with applicable accessibility laws or building standards, the more
restrictive requirement shall apply.
B. Clear Path of Travel.
1. A clear path, free of all obstructions to the flow of pedestrian traffic, shall be
provided in the public right-of-way and shall be maintained at all times. Obstructions
include, but are not limited to, trash receptacles, tables, chairs, benches, heaters, trees,
gates that open outward, shades, umbrellas, or similar objects as determined by the
Director of Development Services and/or City Engineer.
2. The clear path shall be a continuous linear paved sidewalk, avoiding any zig zag
configuration, and shall maintain a continuous common surface and minimum width
required by the California Building Code, the Americans with Disabilities Act
(ADA), or other applicable accessibility regulation at the time of permit approval that
provides a direct route of travel past the Sidewalk Café.
3. The clear path shall be measured from the outermost point of the Sidewalk Cafe,
including any barriers, to the edge of the sidewalk adjoining the curb or to the nearest
obstruction within the flow of pedestrian traffic, whichever is shorter.
4. Recesses in the building facade shall not be used to satisfy the clear path requirement.
5. An unobstructed path of ingress and egress travel with a minimum four (4) foot width
that leads occupants directly from exit doors to the public right-of-way shall be
required for a Sidewalk Cafe and associated eating and drinking establishment.
C. Permit Regulations.
1. The dimensions of a Sidewalk Cafe shall be delineated on a site plan and documented
in the associated encroachment permit.
2. Maintain a minimum unobstructed path of travel required by the California Building
Code, the Americans with Disabilities Act (ADA), or other applicable accessibility
regulation at the time of permit approval shall be maintained at all times.
Page 25 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Ordinance
Page 8
3. Maintain a minimum clear space of twenty-four (24) inches on both sides of the
accessible entrance to the building.
4. Provide at least one accessible seating space for every twenty (20) seats or fraction
thereof.
5. Accessible seating spaces must be thirty-six (36) inches wide by forty-eight (48)
inches deep; and be connected by an unobstructed accessible route at least thirty-six
(36) inches in width.
6. Ensure an unobstructed path between all exit doors and the public right-of-way.
7. Only tables, chairs, refuse containers, service trolleys, umbrellas, barriers, and
landscaping planters approved as part of the Outdoor Dining Encroachment Permit
may be located within the Sidewalk Cafe.
8. Comply with all City regulations and State of California Department of Alcoholic
Beverage Control license requirements.
9. Tables, chairs, and other movable furnishings shall be removed or secured outside of
approved hours of operation of the associated business.
10. Outdoor cooking and preparation of food is prohibited.
11. Commercial signage shall be prohibited on tables, chairs, barriers, umbrellas, or other
furnishings associated with a Sidewalk Café.
12. Existing public infrastructure, utilities, streetscape improvements, landscaping,
signage, drainage facilities, accessibility features, or other public improvements
within the public right-of-way shall not be altered, damaged, obstructed, or removed
except as expressly authorized by the City
13. Prior to occupancy, a Sidewalk Cafe, shall be subject to inspection by the City to
verify compliance with applicable permit conditions and all applicable regulations.
14. Sidewalk Cafés shall be subject to periodic inspection to ensure continued
compliance with this Chapter and applicable permit conditions.
D. Operational requirements.
1. A Sidewalk Cafe shall only be used for dining, drinking, and circulation, and shall
operate only in conjunction with an adjacent licensed eating and drinking
establishment.
2. A Sidewalk Cafe may provide either waiter/waitress service or self-service.
3. The sidewalk within, and adjacent to, the Sidewalk Cafe shall be clean and free of
litter at all times.
4. The permit holder shall be responsible for maintaining the Sidewalk Cafe.
Maintenance shall include posting of the name, phone number, and email address of
the person responsible for the Sidewalk Cafe in a location visible from the public
right-of-way, keeping the Sidewalk Cafe free of litter, and preventing litter
attributable to the Sidewalk Cafe from entering adjacent properties within the public
right-of-way.
5. Sidewalk Cafe areas shall be maintained in a clean, sanitary condition including
regular cleaning of tables, chairs, and eating areas, changing of trash and food
collection areas. All food waste must be immediately removed during operational
hours and at end of operation and disposed of appropriately. Additionally, all areas
shall be cleaned at the end of every use including removal of all food and waste
Page 26 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Ordinance
Page 9
items, mopping, cleaning tables and chairs, and generally maintaining in a manner
that will encourage a pest (vertebrate and invertebrate) free environment.
6. Trash, service stations, or storage areas shall not be located on or adjacent to the
public right-of-way.
7. Live entertainment, music, and/or amplified sound shall not be operated or used
within a Sidewalk Cafe.
8. Televisions, video displays, projection screens, digital displays, or other devices used
for the reproduction or display of video, images, or similar visual media shall not be
installed, operated, or maintained within a Sidewalk Cafe where such display is
visible from the public right-of-way or creates visual impacts, nuisances, or
disturbances to adjacent properties or businesses.
9. The sale of beer or other alcoholic beverages for consumption in the Sidewalk Café
shall be subject to all conditions of approval identified in the Conditional Use Permit
and State Department of Alcoholic Beverage Control (ABC) License for the
associated licensed eating and drinking establishment.
10. The hours of operation of a Sidewalk Cafe shall be limited to the hours that the
kitchen facilities of the associated eating and drinking establishment are open for
meal ordering. Alcohol, food, or beverages shall not be served or permitted within the
Sidewalk Cafe after 10:00 p.m. Sunday through Thursday, and after 11:00 p.m.
Friday through Saturday or as allowed by the primary business establishment’s
approved CUP, whichever is more restrictive.
11. Smoking or vaping is not permitted within a Sidewalk Cafe at any time. For purposes
of this section, the terms smoke, smoking, vape, and vaping have the same meanings
as in CVMC Chapter 8.22.
12. Outdoor cooking and preparation of food within the Sidewalk Cafe is prohibited.
13. Portable heaters, if provided, shall be located a minimum of 48 inches (4 feet) away
from the exterior face of the building and from any combustible materials, including
architectural projections, plant material, or in accordance with manufacturer
recommendations, whichever is most restrictive.
14. No water or debris may intentionally or passively enter the areas outside the Sidewalk
Cafe boundary or impact the public sidewalk, storm drains, or street.
15. A copy of the approved ABC license and encroachment permit for a Sidewalk Cafe
shall be posted on the premises of the associated eating and drinking establishment.
E. Inspections. Inspections shall be performed to ensure full compliance with approved plans
and applicable codes and standards.
F. Enforcement of Violations.
1. The general enforcement of Sidewalk Cafe regulations, permit conditions,
maintenance obligations, operational requirements, accessibility standards, and
encroachments within the public right-of-way area located between the property line
and the curb shall fall within the purview of the Code Enforcement Division and/or
Public Works Department, as applicable. Nothing herein shall limit the authority of
the Police Department to enforce compliance with the terms and conditions of any
Outdoor Dining Permit, encroachment permit, or applicable law regulating the use or
Page 27 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Ordinance
Page 10
operation of Sidewalk Cafe. Violation of any provision of this chapter is subject to
enforcement pursuant to the provisions of CVMC Chapters 1.20 through 1.41.
2. Permits issued in accordance with this chapter may be revoked at any time deemed
necessary by the Director of Development Services.
3. Revocation of a permit may be appealed pursuant to CVMC Chapter 1.40.
4. Any encroachment for which a permit is required and for which no permit has been
issued pursuant to this chapter shall be deemed a public nuisance which may be
abated as provided in the CVMC.
19.59.100 Outdoor Dining Requirements - Pocket Patios
A. Location Requirements.
1. Pocket Patios shall be located adjacent to eating and drinking establishments at the
following locations:
a. Within the curb lane where parking spaces exist adjacent to the front of an eating and
drinking establishment.
b. At least twenty (20) feet away from an intersection, street corner, alley, or a
driveway; and
c. Along curbs painted yellow or green, non-painted curbs, or motorcycle parking areas.
2. Pocket Patios shall not be allowed at the following locations:
a. Along a street segment with a speed limit greater than 30 miles per hour.
b. Along a curb painted red, white, or blue.
c. Within or adjacent to an alley.
d. Within five (5) feet from a vehicular travel lane.
e. Adjacent to a Metropolitan Transit System (MTS) bus lane.
f. Less than twenty (20) feet from any MTS bus stop, transit shelter, or designated
passenger loading area.
g. Within an existing bike lane or within a proposed bike lane project identified in any
comprehensive bicycle plan or adopted land use plan.
h. Within five (5) feet of storm drain inlets or cleanouts.
i. Over utility access panels, manhole covers, handholes, transformers, water meters or
water valves, or any operational facility.
j. Within five (5) feet of a fire hydrant and any emergency equipment.
k. Within five (5) feet of any natural gas or electric utility facility, including the
perimeter of any manholes, handholes or vaults, and any surface-level structures such
as natural gas meters, monitors, pressure regulators, protection stations, poles,
curbside electric meters, transformers or green utility boxes.
3. Each Pocket Patio shall occupy no more than three (3) parking spaces.
4. Only three (3) Pocket Patios are allowed per each side of each block.
5. Removal of on-street parking spaces to construct Pocket Patios shall comply with the
following:
a. On-street accessible parking spaces provided in accordance with Title 24 of the
California Code of Regulations (California Building Standards Code) shall not be
removed for the construction of a Pocket Patio.
b. The dimensions of a Pocket Patio shall be delineated on a site plan and documented
in the associated Outdoor Dining Encroachment Permit.
Page 28 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Ordinance
Page 11
B. Operational Requirements.
1. The sale of beer or other alcoholic beverages for consumption in the Pocket Patio shall be
subject to all conditions of approval of the Conditional Use Permit and State Department
of Alcoholic Beverage Control (ABC) License for the associated licensed eating and
drinking establishment.
2. The hours of operation of a Pocket Patio shall be limited to the hours that the associated
eating and drinking establishments are open for business. Alcohol, food, or beverages
shall not be served or permitted within the Pocket Patio after 10:00 p.m. Sunday through
Thursday, and after 11:00 p.m. Friday through Saturday or as allowed by the primary
business establishment’s previously approved CUP, whichever is more restrictive.
3. Pocket Patios shall comply with all State of California Department of Alcoholic Beverage
Control Boards approved license requirements, as applicable.
4. Smoking and vaping shall not be permitted within the Pocket Patio. For purposes of this
section, the terms smoke, smoking, vape, and vaping have the same meanings as in
CVMC Chapter 8.22.
5. Live entertainment, music, and/or amplified sound shall not be operated or used within a
Pocket Patio.
6. Televisions, video displays, projection screens, digital displays, or other devices used for
the reproduction or display of video, images, or similar visual media shall not be
installed, operated, or maintained within a Pocket Patio where such display is visible
from the public right-of-way or creates visual impacts, nuisances, or disturbances to
adjacent properties or businesses.
7. Outdoor cooking and food preparation within the Pocket Patio is prohibited.
8. Trash, service stations, or storage areas shall not be located on or adjacent to the public
right-of-way.
C. Maintenance.
1. The permit holder shall be responsible for maintaining the Pocket Patio. Maintenance
shall include posting of the name, phone number, and email address of the person
responsible for the Pocket Patio in a location visible from the public right-of-way,
keeping the Pocket Patio free of litter, and preventing litter attributable to the Pocket
Patio from entering adjacent properties within the public right-of-way.
2. Pocket Patio areas shall be maintained in a clean, sanitary condition including regular
cleaning of tables, chairs, and eating areas, changing of trash and food collection areas.
3. All food waste must be immediately removed during operational hours and at end of
operation and disposed of appropriately.
4. All areas shall be cleaned at the end of every use including removal of all food and waste
items, mopping, cleaning tables and chairs, and generally maintaining in a manner that
will encourage a pest (vertebrate and invertebrate) free environment.
5. Tables, chairs, and other movable furnishings shall be removed or secured outside of
approved hours of operation of the associated business.
6. No water or debris may intentionally or passively enter the areas outside the Pocket Patio
boundary or impact the public sidewalk, storm drains, or street.
Page 29 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Ordinance
Page 12
D. Design Requirements. Pocket Patios shall be designed in accordance with the current
California Building Code and meet the following regulations to the satisfaction of the
Director of Development Services and/or City Engineer:
1. Pocket Patios shall be designed as an extension of the sidewalk with at least one
minimum forty-eight (48) inches wide entry for every ten (10) feet of Pocket Patio along
the curbside edge.
2. The width of the Pocket Patio shall not extend within twenty (24) inches of the edge of
the street travel lane.
3. A Pocket Patio shall maintain a minimum setback of at least thirty-six (36) inches
horizontal clearance from adjacent vehicle parking spaces.
4. The deck of the Pocket Patio platform shall be flush with the sidewalk.
5. Bolting into the street or penetrating into the surface of the road shall not be permitted.
6. A minimum thirty-six (36) inch wide emergency access gap with horizontal and vertical
clearance shall be required for every twenty (20) feet of the Pocket Patio or adjacent
Pocket Patios or other structures in the parking lane.
7. A continuous unobstructed accessible pedestrian circulation path shall be maintained
adjacent to the Pocket Patio in compliance with applicable American with Disabilities
Act (ADA) and California Building Code accessibility requirements.
8. Drainage.
a. Pocket Patios shall not impede the flow of curbside drainage.
b. A minimum clear gutter space of eight (8) inches from the curb edge by six (6) inches
in height shall be provided along the entire length of the Pocket Patio adjacent to the
curb.
c. The drainage area between the curb and the platform shall remain clear of debris and
maintains proper drainage at all times.
d. The areas beneath the platform shall be maintained to be free of debris and litter.
9. A minimum forty-two (42) inch high railing shall be placed at the edge of the Pocket
Patio adjacent to a vehicular travel lane. Chain-link fencing, cyclone fencing, chicken
wire, fabric inserts, pallets, tires, temporary containers, or similar improvised materials
shall be prohibited.
10. No horizontal or vertical structure, furnishing, screening element, planter, barrier,
extension, or other appurtenance exceeding forty-two (42) inches in height above the
surface of the Pocket Patio shall be installed along the street facing edge of the Pocket
Patio, except for stanchions, vertical poles, or similar support elements necessary to
provide permitted lighting. All street-facing barriers shall maintain visibility into and out
of the Pocket Patio for public safety and traffic awareness.
11. Umbrellas with an overhang of a minimum of eighty-four (84) inches from the finished
grade of the Pocket Patio platform (floor) may be used in conjunction with a Pocket
Patio, but no permanent roof or shelter is permitted over the Pocket Patio. The canopy of
the umbrella shall be contained within the Pocket Patio and shall not protrude outside of
the barrier or railing of the Pocket Patio.
12. Solar powered lights shall be permitted but electrical lighting elements that contain wires
that cross the clear path of travel shall be prohibited.
Page 30 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Ordinance
Page 13
13. The placement of the name and type of establishment on umbrellas is not allowed. Signs
other than that required herein shall not be permitted on a Pocket Patio.
14. No freestanding signs, banners, promotional displays, or fence-mounted signage shall be
permitted within a Pocket Patio.
E. Accessibility. Pocket Patios shall be designed, constructed, maintained, and operated in
compliance with all applicable federal, state, and local accessibility laws and regulations,
including but not limited to the Americans with Disabilities Act (ADA) and California Code
of Regulations, Title 24. Pocket Patios shall maintain accessible paths of travel, accessible
seating, and clear pedestrian circulation in a manner that provides safe and equitable access
for persons with disabilities. Pocket Patios shall not obstruct or interfere with required
accessibility features, pedestrian access or use of the public right-of-way. Where the
requirements of this section conflict with applicable accessibility laws or building standards,
the more restrictive requirement shall apply.
F. Inspections. Inspections may be performed to ensure full compliance with approved plans
and applicable codes and standards.
G. Enforcement of Violations - Appeal of Encroachment Permit Denial or Revocation.
1. The general enforcement of Pocket Patio regulations, permit conditions, maintenance
obligations, operational requirements, accessibility standards, and authorized
encroachments associated with a permitted Pocket Patio shall fall within the purview of
the Code Enforcement Division and/or Public Works Department.
2. Enforcement authority granted to the Code Enforcement Division and/or Public Works
Department under this section shall be limited to compliance with the Outdoor Dining
Encroachment Permit, and applicable operational, accessibility, and maintenance
requirements, and shall not include parking enforcement, traffic enforcement, vehicle
code enforcement, or general policing activities within the public right-of-way.
3. The Police Department shall retain primary enforcement authority over traffic operations,
parking regulations, vehicle-related violations, emergency access, and public safety
matters occurring within the street area of the public right-of-way. Nothing herein shall
limit the authority of the Police Department to enforce the terms and conditions of an
Outdoor Dining Encroachment Permit, or other applicable permit or approval associated
with a Pocket Patio.
4. The State Department of Alcoholic Beverage Control shall retain enforcement authority
over violations pertaining to the business’s issued alcoholic beverage license, including
but not limited to beverage handling and service hours of operation.
5. It shall be unlawful for any person to violate any provision, or to fail to comply with the
requirements of this chapter and any such violations are subject to enforcement according
to CVMC Chapters 1.20 through 1.41. Permits issued in accordance with this chapter
may be modified, suspended, or revoked at any time deemed necessary by the Director of
Development Services.
6. Any revocation of a permit may be appealed pursuant to CVMC Chapter 1.40.
7. Any encroachment for which a permit is required and for which no permit has been
issued pursuant to this chapter shall be deemed a public nuisance. Such violations may be
abated by civil action or pursuant to applicable administrative abatement procedures.
Page 31 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Ordinance
Page 14
The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same
to be published or posted according to law.
Presented by Approved as to form by
Roy Sapa’u Marco A. Verdugo
Deputy City Manager/ City Attorney
Director of Development Services
Page 32 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Outdoor Dining Ordinance
1
Planning Commission
Item 6.1
May 27, 2026
Page 33 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Purpose of Ordinance
•Establish permanent citywide regulations for
Outdoor Dining Facilities
•Create objective ministerial encroachment
permit process
•Support pedestrian-oriented commercial activity
and economic vitality
•Provide clear operational, accessibility, and
safety standards
Page 34 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Program Evolution
•2011 UCSP Sidewalk Café’sDesign Guidelines
•2021 pandemic outdoor dining program
•Temporary Curb Cafés (now Pocket Patios)
•Grant funding for design & construction
•Current ordinance builds upon lessons learned
from previous programs
Page 35 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
City Council Subcommittee
Direction
•Ministerial permit process
•Reviewed for safety & infrastructure conflicts
•Regulate Pocket Patio concentration along
blocks
•Address operational concerns in the public ROW
Page 36 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Proposed Facility Types
•Sidewalk Cafés –Outdoor dining located
within sidewalk area of public right-of-way
•Pocket Patios –Outdoor dining occupying on-
street parking spaces
Page 37 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Permit Process & Operational
Standards
•Ministerial permit process,
•ADA and accessibility compliance,
•Pedestrian circulation and emergency access,
•Visibility and barrier requirements,
•Avoidance of conflicts public infrastructure,
•Operational and maintenance requirements, and
•Insurance, indemnification, and enforcement
obligations.
Page 38 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Permit Process & Operational
Standards
•Allow:
•Tables, chairs, umbrellas, and planters
•Support furnishings (service trolleys & rubbish mgmt.)
•Establish barrier between public circulation and
Facility
•Prohibit:
•Outdoor cooking
•Amplified Sound
•Electronic Signage / Screens
Page 39 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Pocket Patios –Additional
Requirements & Standards
•Subject to building permit
•Limit three (3) per block
•Limit maximum of three (3) spaces per facility
•Avoidance of conflicts with bike lanes, transit
stops, storm drains, and
•Limited to roadways 30 mph or less.
Page 40 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
Fee Structure
•Sidewalk Café permit:
•New -$1250
•Renewal -$500
•Pocket Patio permit:
•New $3,500
•Renewal $1,250
•Parking Revenue Recovery Fee
•ROW Occupancy (all Outdoor Dining Facilities)
Page 41 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda
RECOMMENDATION
Planning Commission recommend City Council adopt an
ordinance amending Chula Vista Municipal Code (CVMC)
Title 19 (Planning and Zoning) to add Chapter 19.59
(Outdoor Dining Regulations) and recommend the City
Council adopt a resolution to establish fees associated with
Outdoor Dining Facilities within the public right-of-way.
Page 42 of 42
City of Chula Vista Planning Commission
May 27, 2026 Agenda