
Active Sidewalks consist of a permanent curb extension into the existing parking spaces, facilitating various activities. These include recreation, outdoor dining and enjoyable public interaction, per SDMC
§141.0621(c) and the
Spaces as Places Design Manual.
Location Requirements
Active Sidewalks are allowed where on-street parking exists and on streets wide enough to accommodate a Class IV bike facility even after an Active Sidewalk is installed.
Required Permits and Approvals
- Without exception, a Public Right of Way Permit is required and will be reviewed through a Process One decision process if all requirements are met. However, if deviations are requested from the San Diego Municipal Code regulations, a Process Two
Neighborhood Use Permit will be required. The Public Right of Way Permits are valid for two years, after which they will need to be renewed.
- A Coastal Development Permit is required for proposed developments in the coastal zone. The City is currently requesting that the California Coastal Commission exempt Spaces as Places from this requirement. However, until the exemption is certified, a Coastal Development Permit will be required.
Maintenance Requirements
Prior to the issuance of a Public Right of Way Permit to construct the Active Sidewalk, an Encroachment Maintenance and Removal Agreement will be required to be entered into between the City of San Diego and the property owner, requiring the following:
- Keep all plants in good health.
- Keep the use free of debris and grime and prevent debris, pollution and contaminants from entering the adjacent Storm Water conveyance system.
- Adequately maintain the surface of the use.
- Control any non-stormwater discharges from the use in accordance in accordance with
Chapter 4, Article 3, Division 3 of the San Diego Municipal Code.
- Sweep out debris from under the use to keep it free and clear of all debris at all times.
- Remove unsecured furniture as required by the Encroachment Maintenance and Removal Agreement. Unsecured furniture is not permitted after business hours if the Permit Holder is a business.
- Upon a 30-day notice by the City Engineer, remove the Streetary from the street for any planned City overlay, slurry seal or other maintenance or construction project. Removal will be at the applicant's expense.
- In case of an emergency, upon immediate notice by the City Engineer, remove the Streetary for any immediate operations to ensure public health and safety. Removal will be at the applicant's expense.
Design Requirements
Active Sidewalks must meet all City's Standard Drawings to the satisfaction of the City Engineer.
Insurance Requirements
Applicants shall procure and maintain for the duration of their permit insurance against claims for injuries to persons or damages to property that may arise from or in connection with Spaces as Places in the right of way and their operations conducted under the permit. Although it is a best practice for businesses to maintain comparable levels of insurance for Outdoor Dining on Private Property, the City does not require or verify insurance for Outdoor Dining on Private Property.
The applicant shall provide a minimum of the following coverage:
- Commercial General Liability (CGL)
Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury, and personal and advertising injury with limits no less than $1,000,000 per occurrence and a $2,000,000 aggregate. The policy must be primary, and the City of San Diego must be added as an additional insured.
- Workers' Compensation
Insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
Submittal & Permit Requirements
Please review the
Project Submittal Manual - Section 3. A Public Right of Way Permit is required for the following unless otherwise exempt under SDMC Section
129.0703:
- The construction of public improvements by an entity other than the City.
- The construction of privately owned structures, facilities, or improvements in the public right-of-way or a public service easement.
- Any construction activity within a public right-of-way, as required by SDMC Sections
54.0116 and
54.0117.
- The planting of any tree, shrub, or plant greater than 30 inches in height in the public right-of-way; where not otherwise covered by a
Street Tree Permit per
Chapter 6, Article 2, Division 6 (Street Planting).
Review Types
-
D-Sheets
This type of drawing is prepared for extensive public improvements. These include - but are not limited to - establishing new curb and gutter, changing of existing street grade, installation of new sewer, new storm drains, new street lighting and new traffic signals.
Per San Diego Municipal Code Section 129.0720, a professional must prepare such plans with the current State of California registration in the professional field necessary for the permit. View the Design Guidelines and Templates associated with applying for a Right of Way Permit on D-sheets.
- Encroachment Maintenance & Removal Agreement
An Encroachment Maintenance & Removal Agreement is required to be signed by the owner of the property benefitting from the encroachment. The Encroachment Maintenance & Removal Agreement is recorded in the Office of the County Recorder as an encumbrance against the benefitting property. Encroachment Maintenance and Removal Agreement.
-
Encroachment Exhibit
- An 8-1/2 inch x 11-inch exhibit drawn to scale, detailing the encroachment area, detailing the encroachment area, including the following minimum details:
- A vicinity map.
- Labeled and dimensioned right-of-way lines.
- The location and type of encroachment, clearly identified.
- Existing and proposed right of way improvements, such as driveways, sidewalks, trees, light posts, fire hydrants, water meters, etc.
- Elevation views with heights dimensioned for above-ground structures.
- A north arrow and scale.
Fees
Applicants for Active Sidewalk are required to pay:
- Fees due at Submittal.
Application fees are required at the time of project submittal. See
Information Bulletin 502, "Fee Schedule for Construction Permits - Grading and Public Right of Way." Fees are non-refundable, regardless of whether a permit is approved or denied. In addition, Active Sidewalks are subject to the Right of Way Permit, D-Sheet fees and other miscellaneous fees.
- Fees due at Issuance.
Inspection fees are required at the time of project issuance. See
Information Bulletin 502, "Fee Schedule for Construction Permits - Grading and Public Right of Way." In addition, Active Sidewalks require a deposit account to be established for inspections.