Benicia Restaurant Owner Served With Court Summons, City Says

BENICIA, CA — The city of Benicia took legal action Wednesday against the owner of a downtown Benicia restaurant.

Jason Diavatis, who owns The Loft Wine Bar & Restaurant, was served a summons that requires him to appear at a June 16 California Superior Court hearing about his unpermitted outdoor dining structure.

According to the city, the dining structure encroaches on the public sidewalk in front of The Loft at 280 1st St., and the city is seeking to have it removed by court order. The structure was built without an encroachment agreement and does not meet the safety standards required by the city engineer, the city said.

"Public safety is our number one priority," City Manager Erik Upson said. "Our Economic Development Manager, City Attorney and other staff, including myself, have tried to work with the business owner for nearly two years to ensure that his outdoor dining structure does not obstruct pedestrians and is safe for our residents and visitors who enjoy strolling First Street and dining outdoors."

City officials said they have worked diligently to find a solution for Diavatis and have provided him with an already completed and approved encroachment agreement that, if signed by Diavatis, would allow him to continue to host tables on the city sidewalk for outdoor dining.

"Mr. Diavatis has refused to sign and submit the encroachment agreement," Acting Deputy City Manager Mario Giuliani said.

"This action is a step we hoped we would never have to take," Giuliani said. "We understand the struggles of restaurant owners, particularly over the past year, and have partnered with local businesses to help them survive these tough times. Safety is the City’s top priority, and we simply cannot compromise on structures that don’t meet safety requirements."

Patch was not immediately able to reach Diavatis on Wednesday evening; This story will be updated if we hear back.

City Policy Requires Encroachment Agreement

The Benicia City Council adopted a policy in 1992 allowing downtown businesses to obtain a permit to place furniture on the sidewalk outside their business. Benicia City Council updated the policy in April 2019 to allow businesses with a permit to put up a perimeter barrier if they signed an encroachment agreement.

The Loft obtained a permit in 2012 to put tables on the sidewalk, and in 2019 after the city's policy was updated he began to install a perimeter barrier around the sidewalk tables but did not obtain an encroachment agreement, the city said.

When The Loft did submit an encroachment agreement in 2019, it was not approved because various corrections were needed, the city said.

In December 2019, the city learned The Loft's barrier was placed on a common area with Harborwalk Benicia Corporations without permission, the city said.

After The Loft did not submit a corrected application as requested by the city, the business was issued administrative citations in March 2020 and in December 2020 for failure to have a permit and failure to have an encroachment agreement, the city said.

The Loft repeatedly tried to correct its application but it was found deficient because it did not address the city's safety requirements for the structure's light trellis and items were still in the common area, the city said.

The Loft's application was denied again Dec. 7, 2020, because the light trellis was not safe and it was detrimental to neighbors, the city said.

The Loft appealed the city's decision and a hearing was held Jan. 14. The appeal was denied and the city ordered The Loft to remove its sidewalk tables and all other encroachments from public property by Feb. 19 and pay all outstanding fines.

The Loft did not comply and on Feb. 28, the city filed for a public nuisance injunction from California Superior Court, the city said.

The city reiterated Wednesday that it would allow The Loft to continue serving customers on its sidewalk tables if the business signed the encroachment agreement provided by the city.