San Marcos, CA Special Events & Permits: Sidewalk Dining & Cafés (2026)

150 of the Zoning Ordinance governs every outdoor eating area tied to a restaurant, whether it sits on private property or encroaches onto public property. In the MU-1 and MU-2 Mixed Use zones, outdoor dining may extend into the public right-of-way with City Engineer approval, but only if an Encroachment Permit is obtained, the building frontage is set back at least 2 feet beyond the zone's minimum required setback, the dining area itself is at least 5 feet deep, and a minimum of 6 feet of clear right-of-way remains after the dining furniture is placed.

Serving alcohol outdoors in that encroachment area requires a separate Conditional Use Permit. Outside the Mixed Use zones, outdoor dining may be permitted subject to the applicable zone's own permit requirements, but the Code is explicit that it can never encroach into the public right-of-way or sidewalk there. Regardless of zone, any outdoor dining area with three or more tables must be screened to a fixed 42-inch height, either with an ornamental wrought iron or tubular steel fence, or a planting box at least 15 inches wide with maintained plants.

Awnings and anchored shade structures may be added subject to Site Development Plan Review or Director approval, but they cannot have permanent footings. Operating hours for the outdoor area are capped at the hours of the associated indoor restaurant, no refuse or recycling enclosure may be placed in or next to the dining area, and the whole setup must meet Title 24 and ADA accessibility standards.