South Bay brewery wins legal battle over outdoor dining


CHULA VISTA, Calif. – The owner of Chula Vista Brewery will bring back outdoor dining at the establishment following a recent agreement with the city.

Owner Timothy Parker said Wednesday the brewery has been given permission by the city for a “temporary encroachment into the sidewalk” to replace a parklet seating arrangement they were asked to remove last month. The agreement also allows the business time to submit a permit for a permanent sidewalk café.

Parker has plans to create a new dining space on the sidewalk and along a planting strip near the property. Those design plans will have to approved by the city.

“I’m really happy about the agreement we had,” Parker said, “because being able to put a parklet not in the street but right there over that grass patio – which is not being used as a walkway anyway – that is something that I could work with the city for a long period of time versus the parking lots which, to be honest, they are going to want their parking lots back.”

Chula Vista brewery owner Timothy Parker on Wednesday, Sept. 1, 2021, at his brewery on Third Avenue in Chula Vista, Calif.

In a news conference Wednesday, Shane Harris, president of the People’s Association of Justice Advocates, detailed a complaint his organization filed with Parker against the city over the removal of the parklet.

“They were asked to remove all of their stuff by Monday at 5 p.m. or else they would lose all of their stuff and all their stuff will be taken by the city,” Harris said.

Chula Vista Mayor Mary Casillas Salas met with Parker Aug. 13 to address the issue, according to the city.

Salas told FOX 5 the brewery was not allowed to have a parklet because the business in located near a turn lane on Third Avenue.

“He cannot build parklet there because he doesn’t have the physical space for it,” Salas said.

But outdoor dining appears to have some staying power in the community. Last month, Chula Vista City Council agreed to extend outdoor dining permits until the end of next year.

The city plans to provide Chula Vista Brewery two parking spots behind his business so he can move his barbecue to a safe, legal location. It also will provide the establishment $15,000 for the new setup, according to the San Diego Union-Tribune.

“All the other business that you see on third avenue that have their outdoor dining, they are in compliance and they are going through the permit process,” Salas said.

Parker plans to submit his new design blueprint to the city by the end of the week.

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