SOLANA BEACH — More than five years after rolling out emergency outdoor dining rules to help restaurants stay afloat during the COVID-19 shutdowns, Solana Beach is moving to make the practice permanent by adopting an ordinance to limit impacts on the public right-of-way, parking and other businesses.
Solana Beach has offered temporary use permits (TUPs) for outdoor dining since 2020, and has extended the temporary regulations several times while developing a permanent ordinance. The temporary regulations remain in effect until July 2026.
The city has issued 24 TUPs; 12 businesses are still operating outdoor dining areas under an updated permit, and three are operating outdoor dining without an updated permit.
City leaders have been working on permanent regulations for outdoor dining since 2023. On Dec. 10, the City Council approved a first reading of the city’s new ordinance, with the rules set to take effect in February.
“The focus has remained on supporting outdoor dining and pedestrian activity while ensuring public health, safety, and community welfare,” said Assistant Planner John Delmer.
Under the regulations, existing and new restaurants seeking to offer outdoor dining would need a conditional use permit rather than a TUP and would be required to submit detailed plans for the dining area to the city.
Outdoor dining will continue to be allowed in various areas of the business, including the frontage, sidewalks, private parking areas, and public off-street parking. Parking spaces cannot be converted to outdoor dining if the property has fewer than 10 spaces, but if it has 10 or more spaces, the business may convert up to three spots or 20% (whichever is lower) to outdoor dining.
The outdoor dining area may not encroach on adjacent businesses, and there must be an eight-foot buffer between the dining area and the entrances of neighboring businesses.
The allowable size of the outdoor dining area will be based on the business’s interior public-use area, including seating, dining, waiting, walking, standing, and bathroom areas.
The outdoor dining area must be at least 200 square feet, and the maximum size is 50% of the total square footage of the business’s interior public-use area, provided the total exceeds 200 square feet.
For example, a restaurant with a 1,000-square-foot public-use area could have an outdoor dining area of up to 600 square feet, and a 500-square-foot public-use area could have an outdoor dining area of up to 350 square feet.
The City Council will consider requests for outdoor dining areas that exceed these size limits.
Tony Dellamano, owner of Culture Brewing on South Cedros Avenue, said he appreciated the city’s information on the planned ordinance. He said he is working with staff to bring the business’s outdoor patio into compliance.
“Today has been super helpful. I think the most important part for Culture Brewing and other tenants is the expansion in [Ordinance] 533 to allow for the city council to potentially allow larger footprints under the outdoor dining ordinance,“ Dellamano said. “Culture Brewing would need a little more area than what the calculation includes, and I would assume some other tenants might as well.”
City officials said it will be up to the council to determine whether larger outdoor dining areas are permissible in the specific space where they are proposed.
For outdoor dining that occupies part of the sidewalk, the ordinance requires at least a four-foot clear distance. Outdoor dining areas must be cleaned and washed weekly.
Canopies, umbrellas, and shade structures will continue to be permitted, but must be consistent with the building’s or facade’s color and materials. “Less desirable” fixtures, such as pop-up canopies or tents, would be prohibited.
The ordinance also requires businesses to submit cleaning plans for their outdoor dining areas, including the regular removal of trash and debris and the weekly washing of the area. These areas may also be subject to city inspection.
Council members Dave Zito and Jewel Edson served on a subcommittee that developed the ordinance with businesses and city staff.
“The outdoor dining program that we have put in place because of COVID clearly has been wildly successful. They love it, they really like it, and we want to continue it,” Zito said.
Edson thanked local businesses for their input.
“We really worked collaboratively to try to find a nexus to make something that works for our community,” Edson said.
The city is also considering charging fees for businesses that utilize public space for outdoor dining, but will decide whether to implement them at a later date. City staff said outdoor dining fees in Del Mar, Encinitas, and San Diego range from approximately $11,000 to $13,000 annually for use of roughly two parking spaces.
