San Diego Municipal Code Section 141.0621 establishes sidewalk cafe regulations. Restaurants must obtain a permit and execute a recorded encroachment maintenance and removal agreement with the City. A minimum accessible path must be maintained on the sidewalk at all times.
San Diego Municipal Code (SDMC) Section 141.0621 defines a sidewalk cafe as an area for outdoor dining located in the public right-of-way adjacent to a street-level eating and drinking establishment. An encroachment maintenance and removal agreement recorded against the property is required along with a permit from the Development Services Department. Requirements include: maintaining a minimum accessible pedestrian path (at least 4 feet clear, 6 feet preferred); approval of the property owner or authorized agent; general liability insurance naming the City as additional insured; compliance with ADA accessibility standards; and submittal of a site plan showing table layout, pedestrian path, and boundaries. Furniture must be of durable construction appropriate for outdoor use and must be removed or secured outside business hours. The sidewalk cafe area may not obstruct fire hydrants, transit stops, utility access panels, ADA ramps, or sightlines at intersections. Alcoholic beverage service requires a Type 41 or Type 47 ABC license with outdoor premises extension. The encroachment agreement runs with the property and transfers with ownership.
Operating without a permit/agreement: code enforcement citation. Obstruction of pedestrian path: immediate corrective action or permit suspension. ADA violations: federal civil rights complaints.
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