Outdoor Dining Background

In 2020, the City Council recognized the impact of COVID-19 on the local economy by adopting several resolutions to provide regulatory relief for local businesses. These resolutions waived parking requirements and Alcoholic Beverage Control (ABC) regulations for outdoor dining areas. More details can be can be found below: 

• Resolution No. 2020-33 (Suspension of Sale and Delivery of Alcohol) 

• Resolution No. 2020-40 (Suspending Certain Business Regulations)

• Resolution No. 2020-53 (Temporary Suspension of ABC Alcohol Licenses)

On March 16, 2022, the City Council adopted Resolution No. 2022-27 to initiate Municipal Code, General Plan, Local Coastal Program, and Specific Plan amendments for a permanent outdoor dining ordinance. Preparation of the outdoor dining ordinance is currently underway.  

• Meeting Agenda

Applicable State Laws

Assembly Bill (AB) 61 and Assembly Bill (AB) 1217

On October 8, 2021, the Governor signed AB 61. AB 61 extended ABC and local agencies’ ability to provide regulatory relief as determined necessary by each jurisdiction as it relates to alcohol service and private parking standards. On October 8, 2023, the Governor signed AB 1217 to extend the provisions of AB 61 until July 1, 2026, or until a local permanent outdoor dining ordinance has been adopted. 

On December 20, 2023, City Council extended temporary outdoor dining regulations to July 1, 2026 consistent with AB 1217 and directed staff to: 

• Extend temporary outdoor dining to July 1, 2026
• Prepare a permanent outdoor dining ordinance
• Require a fee for the use of public space
• Develop design standards that include safety and aesthetics
• Include no limit on percentage of businesses per block
• Increase downtown parking limit from two to three hours
• Remove inactive parklets
• Ensure that parking is converted exclusively into seating

• Meeting Agenda

Right-of-Way Usage Fee

On June 12, 2024, the City Council adopted Resolution No. 2024-64 to implement an outdoor dining right-of-way usage fee of $2.50 per square foot per month, to be charged on an annual basis and to increase annually in accordance with the Consumer Price Index. This fee is only applicable to outdoor dining establishments occupying the City's public parking right-of-way. The right-of-way usage fee went into effect on August 1, 2024. 

Coastal Parking Study 

The Cardiff, Downtown Encinitas, and Leucadia Parking Study was accepted by the City Council on October 9, 2024. The purpose of the Study was to evaluate the current parking conditions in coastal Encinitas and provide recommendations that address the various needs within the study area, such as business parking demand, general parking needs, and coastal access. 

• Cardiff, Downtown Encinitas, and Leucadia Parking Study

Current Implementation

Currently, there are two types of City permits available to conduct outdoor dining under AB 1217. A Temporary Use Permit allows outdoor dining on private property, and a Temporary Encroachment Permit allows outdoor dining in the City’s public parking right-of-way. 

• Temporary Use Permit (TUP) 
• Temporary Encroachment Permit (TEP) 

All TUP and TEP applicants must conform with the Temporary Outdoor Dining Inspection Checklist.