The purpose and intent of this chapter are to permit sidewalk dining in the commercial areas of the city of El Cajon while protecting the public health, safety and general welfare of the public by maintaining and continuing to have available the sidewalk area for the use that it was originally intended.
(Ord. 4688 § 1, 2002)
"Sidewalk dining"
is the temporary use of the public sidewalk area within the public rights-of-way adjacent to an eating and drinking establishment by setting tables, with or without cloth umbrellas, and chairs upon the sidewalk area for the exclusive purpose of dining and drinking.
(Ord. 4688 § 2, 2002)
The general provisions for sidewalk dining are as follows:
A. 
Sidewalk dining will only be allowed in commercial zones.
B. 
Establishment of sidewalk dining shall require the issuance of an annual encroachment permit for sidewalk dining. Operators shall comply with all requirements of this chapter, and all conditions imposed by the encroachment permit.
C. 
Operators of the sidewalk dining shall provide adequate public liability insurance in accordance with city council policy and to the satisfaction of the city attorney.
D. 
There shall be no damage caused by the sidewalk dining to the paving or the existing features of the sidewalk.
E. 
The sidewalk dining shall be adjacent to the operator's associated licensed establishment selling food and beverages for consumption on the premises. See Section 12.09.050(F).
F. 
The hours of operation of the sidewalk dining shall not extend beyond the hours of operation of the operator's associated eating and drinking establishment.
G. 
Alcoholic beverages will only be available in conjunction with the food service at the sidewalk dining portion.
H. 
The sidewalk dining portion shall be kept free of trash, food, and spills at all times.
I. 
If there is a sound system in the sidewalk dining portion, it shall be limited to background music only, shall comply with all city noise regulations, and shall not be audible to pedestrians beyond ten feet of the sidewalk dining portion, nor vehicles.
J. 
Pedestrians shall have the right-of-way where the food servers and customers have to cross or wait on the sidewalk area outside the sidewalk dining area.
K. 
The sidewalk area shall be cleared of all encroachments for special events and maintenance work on the subject and adjacent properties. Some special events will require that the encroachments be removed prior to midnight of those events (e.g., Mother Goose Parade, etc.) in order to make the entire sidewalk available for pedestrians. Sidewalks must be cleaned and free of all trash, food, and spills, and made safe by the operator for pedestrian use when the encroachments are removed.
L. 
Furniture may remain on the sidewalk in the public right-of-way outside the hours of operation only if approved by the city manager or designee. Granting or withholding such approval shall be at the sole discretion of the city manager or designee. Any approved fencing shall be subject to the design criteria set forth in Section 12.09.050, herein.
(Ord. 5111 § 2, 2021)
There shall be a minimum of five feet of clear sidewalk area for pedestrian, stroller and wheelchair traffic. This area shall be clear of all signs, street lights, fire hydrants, parking meters, bumper overhangs and all other obstructions. Recesses may be considered by the director of public works if they are sufficient to allow the safe and steady movement of disabled pedestrians and wheelchairs.
(Ord. 4688 § 4, 2002)
A. 
All sidewalk dining equipment and furnishings shall be nonpermanent and moveable, except the fencing may be attached to the sidewalk by affixing posts onto the sidewalk in a manner to minimize damage to the sidewalk upon removal, and otherwise acceptable to the director of public works.
B. 
Fencing to define the sidewalk dining area shall be no more than thirty-six inches high and shall not be view obscuring.
C. 
Lighting shall not extend past the sidewalk dining area and shall not be a hindrance to pedestrians or vehicles.
D. 
Awnings and umbrellas shall be adequately secured and shall be a minimum of seven feet clear height from the sidewalk and shall not project into the sidewalk outside the encroachment, street or driveways. Except as otherwise permitted by Chapter 17.66 of this code, no signs shall be allowed to be affixed to, or as a part of, any awnings or umbrellas located in the sidewalk dining area.
E. 
Freestanding signs are not allowed in the sidewalk dining area except as otherwise permitted by Chapter 17.66 of this code.
F. 
No portion of the sidewalk dining shall be located outside the area of the extended property lines of the operator's associated eating and drinking establishment.
G. 
The sidewalk dining area shall be at the same elevation as the adjacent sidewalk.
H. 
Gates and other items shall not open or operate into the adjacent sidewalk area.
I. 
Any damage caused by the operator of the sidewalk dining to the sidewalk, including stains on the sidewalk, shall be fixed and cleaned to the satisfaction of the director of public works at the sole expense of the operator.
(Ord. 4688 § 5, 2002; Ord. 4696 § 4, 2002)
Sidewalk dining must be approved by an encroachment permit issued by the public works department. The encroachment permit shall be an annual permit with new fees based on the city's costs paid each year. Renewal of the encroachment permit will be subject to the satisfactory compliance with the conditions of the encroachment permit. New conditions of approval of the encroachment permit will be subject to the approval of the city manager or designee. The encroachment permit may be revoked upon thirty days written notification to the operator and will be subject to appeal to the city manager and, if necessary, to the city council. Notwithstanding the foregoing, the revocation of the encroachment permit may be effective immediately upon written notification of any violation which endangers the public safety, health, and welfare as determined by the city manager or designee. In such event, the sidewalk dining area shall be posted with a notice that it shall not be occupied until such time as the area is determined safe for further occupancy.
(Ord. 5111 § 4, 2021)
A. 
An individual may appeal the decision of the public works department to revoke an encroachment permit issued pursuant to this chapter to the city manager within ten calendar days following notification of the revocation decision. Appeals shall be in writing, filed with the city manager and shall state the basis for the appeal. Failure to file a written appeal within ten calendar days shall be grounds to deny the appeal.
B. 
The city manager shall make a decision regarding revocation of an encroachment permit within five calendar days of receipt of the appeal.
C. 
An individual may appeal the decision of the city manager regarding an encroachment permit to the city council appeals shall be filed within five calendar days following the city manager's decision. Appeals shall be in writing, filed with the city clerk and shall state the basis for the appeal. Failure to file a written appeal within five calendar days shall be grounds to deny the appeal. Fees for filing an appeal shall be in an amount as established by resolution of the city council.
D. 
The city clerk shall thereupon fix a time and place for hearing such appeal. The city clerk shall give notice to the appellant and operator of the time and place of hearing by serving the notice personally or by depositing it in the United States Post Office in the city, postage prepaid, addressed to such persons at their last known address.
(Ord. 4688 § 7, 2002)
All operators and property owners will be required to execute a hold harmless agreement in the form approved by the city attorney to protect the city from any and all liability associated with the approval and operation of the sidewalk dining within the public rights-of-way. The hold harmless agreement shall remain in full force and effect so long as the operator is conducting sidewalk dining, and shall extend beyond the term of such operations for a period of not less than five years.
(Ord. 4688 § 8, 2002)
A public liability insurance policy meeting the requirements of city council policies, and satisfactory to the city attorney, will be required prior to the issuance of the encroachment permit. The policy must remain in effect the entire time of the encroachment permit and adequate notification to the city will be required if the policy is canceled or reduced.
(Ord. 4688 § 9, 2002)