ENCINITAS: Council puts sidewalk dining on the menu
Public right of way an issue for some restaurants
By RUTH MARVIN WEBSTER - Staff Writer | ∞
ENCINITAS ---- The Encinitas City Council moved closer to hammering out a policy for sidewalk dining Wednesday night, saying it would be open to an ordinance that included a simple, even-handed permitting process.
Before an ordinance can be drafted, though, the council asked staffers to return with more information about how other cities have dealt with the issue, as well as graphic, computer representation of how tables and chairs could be placed on the public sidewalks without blocking the 4 feet of the sidewalk required for pedestrians.
"I would like to see an imaginary line along the sidewalk so that we can see how much railing would be in the right of way, and not just in downtown but in Leucadia and Cardiff as well, " said Councilwoman Teresa Barth. "These consequences will have a fallout throughout the city."
Since 2002, the city has allowed only two downtown restaurants ---- Vigilucci's Trattoria and Roxy Restaurant ---- to serve drinks at sidewalk tables.
Under the state's Alcoholic Beverage Control regulations, dining areas where alcohol is served must be separated from the sidewalk by a permanent barrier.
"I'm more uptight about the railings than I am about having a glass of wine or beer with a meal on the sidewalk," said Mayor Jerome Stocks. "The other thing is that I have to empathize with (Via Italia owner) Paolo (Pedrazzani). Can't we find a way to simplify the (permitting) process?"
Under the current city policy, businesses may encroach on the public sidewalk but do so with a permit and a one-time fee.
Cardiff resident George Hejduk said the encroachment of the right of way along the Coast Highway sidewalks has "been blatantly offensive," with walkers having to navigate through tables, chairs, umbrellas and dogs.
"The real problem is with the encroachment, not with the alcohol," he said.
According to a city staff report, 18 restaurants have sidewalk dining in the public right of way in the downtown area and 17 of them have encroachment permits.
Daniel Shaffer represented the Italian downtown restaurant When In Rome.
"Though at this the time, we do not have any sidewalk dining with beer or wine, we certainly support it for the other restaurants," he said.
"Having those extra five or six chairs in front helps convince people to come in ---- whether it is good times or bad times, every chair makes a difference."
Contact staff writer Ruth Marvin Webster at (760) 901-4074 or at rwebster@nctimes.com.
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Mike wrote on Sep 25, 2008 6:58 AM:16 out of 17 people before the city council were in favor of allowing all the restaurants that legally have the area necessary to install a railing between potential diners and the traffic passing by the front of a restaurant along Hwy 101.
Teresa Barth said she wanted to see a map of the whole city created with every sidewalk in front of all restaurants; plus a computer simulation. If the staff does it, it'll take six months, but most likely, a consultant will be hired. One half-hour car trip would be enough for Mrs. Barth to eyeball the other parts of the city and conclude that it is only downtown and one block in Cardiff that would be encompassed by a new ordinance allowing beer and wine to be served at sidewalk tables accompanying meals; as they are currently only allowed at two downtown restaurants Roxy and Vigilluci's.
Having staff do maps and computer simulations is overkill and a complete waste of staff time.
This was a stalling tactic by the council that has no intention of passing an ordinance allowing a handfull of restaurants to compete fairly for customers with Roxy and Vigilucci's; but they were too afraid to enflame the business owners downtown right before an election. In reality, collectively as a council they are clearly anti-business.
What wrote on Sep 25, 2008 8:14 AM:When did it become the right of business owners to take over the public sidewalk.
The businesses are paying by the square foot for the rent inside the building. The taxpayers now have to give (as in free) the sidewalk for the business expansion. Something is wrong with this thinking of giving away the public sidewalk. The building landlords won't give away square footage. The Council shouldn't give away valuable public property.
What wrote on Sep 25, 2008 8:17 AM:When did it become the right of business owners to take over the public sidewalk.
The businesses are paying by the square foot for the rent inside the building. The taxpayers now have to give (as in free) the sidewalk for the business expansion. Something is wrong with this thinking of giving away the public sidewalk. The building landlords won't give away square footage. The Council shouldn't give away valuable property.
bogie wrote on Sep 25, 2008 8:27 AM:My wife and I enjoy dining at sidewalk tables. This would draw us to Encinitas if passed.
John E wrote on Sep 25, 2008 8:37 AM:The problem is encroachment into a public right-of-way, not alcohol. We need to ensure that there at least some legal minimum clear width of sidewalk, unencumbered by tables, sidechairs, and patron queues.
Solution wrote on Sep 25, 2008 1:44 PM:Coffee mugs. Problem solved. Think about it.
Bo wrote on Sep 25, 2008 5:22 PM:Mayor Stocks is right on the mark! The problem is the encroachment on public sidewalks, not alcohol.
Pedestrian wrote on Sep 25, 2008 9:56 PM:Someone needs to ensure that within the upgraded sidewalk use requirements are added so that the restaurants clean up the sidewalks. They are a mess.
The restaurant on the corner of 101 and D Street was originally a drug store site and slid through as restaurant after cityhood..others cannot compete with their approved over use of the public sidewalks, damage to art on sidewalks.
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