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Outdoor Dining

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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 located on both private property and within the public parking right-of-way. Adopted resolutions can be found below: 

  • Resolution No. 2020-33 (Suspending the Restrictions on Off-Site Sale and Delivery of Alcohol By ABC-Licensed Restaurants) 
  • Resolution No. 2020-53 (Expanding the Footprint of ABC-Licensed Premises and Allowing Off-Site Sale and Delivery of Alcohol by Licensees Without Kitchen Facilities)

Assembly Bill (AB) 61

On October 8, 2021, the Governor signed AB 61, which required cities to provide regulatory relief on private parking requirements and alcohol service for outdoor dining establishments. The AB 61 waiver of private parking provisions were originally set to expire on January 1, 2024. On April 27, 2022, the City Council extended temporary outdoor dining to January 1, 2024, consistent with AB 61. 

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.

AB 1217

On October 8, 2023, the Governor signed AB 1217 to supersede AB 61 and extend the waiver of private parking provisions until July 1, 2026. On December 20, 2023, the City Council extended temporary outdoor dining to July 1, 2026, consistent with AB 1217. 

AB 592 (Current State Law)

On October 9, 2025, the Governor signed AB 592 to supersede AB 1217 and permanently remove the expiration date for the waiver of private parking provisions. On May 27, 2026, the City Council extended temporary outdoor dining to July 1, 2027. Staff is preparing a draft permanent outdoor dining ordinance.  

More information from each hearing can be found on the Meeting Agendas and Webcasts page.

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. The right-of-way usage fee went into effect on August 1, 2024. As of August 2026, the current fee is $2.68 per square foot per month, charged annually. 

This fee is only applicable to outdoor dining establishments occupying the City's public parking right-of-way. 

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. 

Current Implementation

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

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