HomeMy WebLinkAboutResolution 2026-009
RESOLUTION NO. 2026-009
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 (“City”) 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 existing or former use; Section
15303 (New Construction or Conversion of Small Structures), which consists of construction and
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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 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 were 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, August 12, 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. The recommendation is subject to the
amendments set forth herein.
BE IT FURTHER RESOLVED that the Planning Commission recommends the following
amendments to the proposed Outdoor Dining Ordinance and associated fee program: (1) provide
a City-prepared standard design and construction template to establish standardization and
aesthetic uniformity for designated corridors; (2) eliminate the proposed $1,250 Sidewalk Café
Initial Permit Fee; (3) eliminate the proposed $500 Sidewalk Café Annual Renewal Fee; (4)
eliminate the proposed Public Right-of-Way Occupancy Fees for Sidewalk Cafés and Pocket
Patios; and establish a $500 transfer fee upon a change in ownership of the restaurant business or
the property.
BE IT FURTHER RESOLVED that the Planning Commission recommends that staff
provide City Council with a comprehensive report after two years of program implementation,
addressing lessons learned, program administration, fees, safety, accessibility, operations,
enforcement, and any recommended adjustments.
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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 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.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City
Council.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form
Roy Sapa’u Marco A. Verdugo
Deputy City Manager/ City Attorney
Director of Development Services
PASSED, APPROVED, and ADOPTED by the Planning Commission of the City of Chula
Vista, California, this 12th day of August 2026, by the following vote:
AYES: Commissioners: Combs, Torres, and Leal
NOES: Commissioners: None
ABSENT: Commissioners: Jones, and Sanfilippo
Rodrigo Leal, Chair
ATTEST:
Mariluz Zepeda, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Mariluz Zepeda, Deputy City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2026-009 was duly passed, approved, and adopted by the Planning
Commission at a regular meeting of the Planning Commission held on the 12th day of August
2026.
Executed this 12th day of August 2026.
Mariluz Zepeda, Deputy City Clerk
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For