HomeMy WebLinkAboutResolution 2026-010RESOLUTION NO. 2026-010
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 (“City”) 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 the conversion of
parking spaces to Pocket Patios; and
WHEREAS, the proposed fee 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
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Resolution No. 2026-010
Page No. 2
WHEREAS, the proposed fees include:
• Sidewalk Café Initial Permit Fee: $1,250;
• Pocket Patio Initial Permit Fee: $3,500;
• 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.
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 with the following
amendments:
1. Deletion of the Sidewalk Café Initial Permit Fee, Sidewalk Café Annual Renewal Fee, and
both Public Right-of-Way Occupancy Fees;
2. Add a $500 transfer fee upon a change in ownership of the restaurant business or property;
and
3. Return to the Planning Commission and City Council after 2 years of implementation with
a progress report.
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.
[SIGNATURES ON THE FOLLOWING PAGE]
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Resolution No. 2026-010
Page No. 3
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. 2026-010 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