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La Mesa council adopts new sidewalk‑dining policy, repeals 1984 sidewalk‑cafe ordinance after restaurant concerns
Summary
After months of public outreach, La Mesa moved to repeal its 1984 sidewalk‑cafe ordinance and adopt a consolidated sidewalk‑dining policy that streamlines permitting, extends sidewalk dining opportunities across commercial zones, and includes council amendments on permit renewals, termination notice, and operating hours.
The La Mesa City Council on Jan. 27 introduced an ordinance to repeal La Mesa Municipal Code chapter 18.18 and adopted a new sidewalk‑dining policy designed to simplify permitting and expand outdoor dining across the city’s commercial zones.
City staff told the council the policy replaces the dual system of sidewalk cafes and outdoor dining with a staff‑level sidewalk dining permit plus an Encroachment Maintenance and Removal Agreement (EMRA), keeping insurance requirements and instituting three‑year permit renewals. "The proposed policy requires only a sidewalk dining permit and an EMRA," said Laura Marker, the staff presenter, summarizing the streamlined review process.
The draft policy includes technical safeguards: a required unobstructed path of travel (minimum 4 feet wide and 7 feet high), site‑distance clearances at intersections, and separate rules for fenced (required when alcohol is served or for pop‑out areas) and unenclosed dining. Staff proposed temporary sidewalk‑dining permits to allow existing businesses to continue operating while final permits are processed; the policy also allows a 90‑day window for existing operators to come into compliance after adoption.
Downtown restaurant owners largely supported expansion but urged changes on enforcement and hours. Several speakers argued the proposed 10 p.m. outdoor cutoff would disrupt last‑seating and cleanup and asked the council to allow later weekend hours. Mark Hunter, a downtown restaurant owner, suggested an alternative: "Maybe we do 11:00," he said, recommending 11 p.m. weekend hours to accommodate typical last‑seating schedules.
Business owners also raised fee concerns tied to retrofitting patio areas for ADA compliance and asked for clearer written guarantees against sudden permit termination. In response, staff said the policy includes case‑by‑case flexibility and proposed a city‑funded street‑furniture relocation program for pop‑out areas; staff also clarified that furniture repairs caused by relocation would be addressed through permit conditions.
Vice Mayor Casares offered a set of amendments aimed at transparency and fairness for permittees: automatic administrative renewals unless a permittee incurs "multiple significant violations," a 14 business‑day written notice of infraction with 30 days to correct non‑immediate violations, and a 90‑day written notice for termination "for the city's convenience" decided by council vote. As read into the record by Casares, the amendment also clarified hours: "Beginning at 10 p.m., no additional patrons shall be seated in sidewalk dining areas. Patrons seated prior to 10 p.m. may remain until their dining service is complete. All sidewalk dining furniture that needs to be removed shall be removed from the public right of way within 1 hour of the establishment's closing time."
The council voted unanimously to adopt the sidewalk‑dining policy with those amendments and to direct staff to publish a detailed enforcement and appeals process within 60 days. City staff said the council will consider the related repeal ordinance’s second reading at a future public hearing; staff presented a timetable in which the repeal and the new policy would take effect roughly 30 days after the second reading and implementation steps would include temporary permits and a 90‑day compliance window for existing operators.
What changed and what’s next: the policy consolidates sidewalk dining rules, retains insurance and safety requirements, and adds administrative and enforcement clarity intended to protect both public access and restaurateurs’ investments. The council’s amendments lengthen notice and correction windows and clarify hours and renewal procedures; staff will return with implementation materials and formal language for the ordinance’s second reading and effective dates.
Authorities referenced: introduction of an ordinance to repeal LMMMC chapter 18.18 (Sidewalk Cafes); staff cited the California Building Code and the Americans with Disabilities Act as standards for path‑of‑travel and accessibility requirements.
The council adopted the motion unanimously.
