ENCINITAS — The Encinitas City Council took steps this week to extend its temporary use permits for outdoor dining and alcohol service in the public rights-of-way and discussed the possibility of making permanent some of the city’s COVID-19 regulations.
Since June 2020, the city has issued 20 temporary encroachment permits allowing local businesses to utilize public rights-of-way for outdoor dining purposes.
The Encinitas City Council expressed its strong desire to keep as much of the outdoor dining as permissible under state law.
“From where I sit, figuring out a way to continue this practice of having these cafes and replacing space where 3000-pound vehicles sit to space where people get the opportunity to enjoy each other’s company is something that I would really want to prioritize,” Councilmember Tony Kranz said.
The city’s regulatory changes included allowing restaurants to establish outdoor dining spaces in public parking spaces, serving alcohol in outdoor dining sites and selling alcohol with to-go meals.
“I support as much of our sidewalk dining as we can allow,” Mayor Catherine Blakespear said. “It is really good for our downtown businesses, for vibrancy, for creating a sense of place. This is a great opportunity and we should support that.”
Annika Walden, executive director of Leucadia 101 Mainstreet, wrote to the council saying the businesses in Leucadia are still struggling during the ongoing pandemic.
“Our restaurants are still recuperating from the pandemic and the costs associated with expanding outdoors,” Walden wrote.
Last month, Gov. Gavin Newsom extended an executive order allowing coastal zone cities to bypass state approval for temporary use permits through March 31, 2022.
Newsom also recently signed Assembly Bill 61, which extends regulatory relief to businesses that sell alcohol. However, the bill does not specifically address outdoor dining.
“What the governor’s order does is it allows us to skip Coastal Commission and so when we talk about removing the on-street dining it really is because when the governor’s order goes away we then have to go through the Coastal Commission process,” City Manager Pam Antil said.
While the state’s March 31, 2022, deadline could change due to the fluctuating nature of the pandemic, city staff has recommended the removal of all outdoor dining facilities in the public right of way by May 31 to give public works ample time to restore parking spaces.
The city still showed interest in making the practice permanent but after the state order is lifted they must receive specific approval from the state before enacting any permanent use.
City staff said the process can be more complicated in Encinitas as opposed to cities like San Diego, which has more ample parking available.
“Also most of their areas are outside of the coastal zone,” said Roy Sapa’u, the city’s development services director, “That’s how they are able to move forward with their expansion of outdoor dining areas.”
Staff will be returning to the council with further recommendations and options in the new year.
