Development Services
Spaces as Places is the City of San Diego's comprehensive program to allow permanent outdoor dining and other community gathering spaces within areas of the public right of way. Established regulations, a design manual and the
Spaces as Places Information Bulletin offer a menu of options to create outdoor areas for dining, walking, biking, public art, education, entertainment, and other activities. Spaces as Places will:
Eating and drinking establishments with an active business tax certificate and with all other applicable licenses, insurance and permits may apply.
Ordinance #O-21391 permanently allows outdoor dining and other community gathering spaces within areas of the public right-of-way with renewable permits every two years.
Before applying, verify that Spaces as Places is a permitted use by:
All permitted locations will be inspected to ensure compliance with the approved plans and permit requirements.
All applications will be considered. However, a permit may not be granted in areas with current or planned work in the public right-of-way, transit services, or if it does not comply with the Americans with Disabilities Act (ADA) requirements. Questions? Ask an ADA expert.
Streetaries are outdoor places created in areas formerly dedicated to street parking spaces that serve as an extension of a restaurant or other establishment that sells food and drink in accordance with the:
Before the issuance of a Public Right of Way Permit to construct the Streetary, Streetary 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:
*This agreement will require that the applicant include an exhibit showing the encroachment. View the Streetary Encroachment exhibit sample.
The permit requires Commercial General Liability (CGL) with an Umbrella Policy and Workers' Compensation insurance as mandated by state law.
Construction Plan-sheets 1 & X of Y include text fields that must be completed. Use these construction plans if associated with permit applications to construct minor standard improvements within the public Right of Way or to construct minor standard improvements within easements previously dedicated to the public.
The DWG Construction Plan CAD files have been provided as a convenience to individuals with the associated software. THESE TEMPLATES MAY NOT BE MODIFIED FROM THE ORIGINAL LAYOUT AND CONTENT.
Applicants for Streetaries are required to pay an exclusive use fee per the Spaces as Places exclusive use fee resolution. If the applicant proposes to keep the streetary restricted to customers during operational hours, the applicant must pay a per square feet exclusive use fee.
Areas identified as having high and very-high access to opportunity will be required to pay $30 per square foot per year, areas identified as having moderate access to opportunity will be required to pay $20 per square foot per year and areas identified as having low- and very-low access will be required to pay $10 per square feet per year. Since these permits are valid for two years, applicants will be required to pay double these amounts resulting in fees of $60, $40 and $20 per square foot, respectively. These fees per square foot will be required every two years if a permit is renewed. Please review the City of San Diego Climate Equity Index to determine which opportunity a business is located in.
Applicants for Streetaries must also pay a Development Impact fee per the Planning Department's Development Impact Fee Schedules.
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.
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.
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:
Active Sidewalks must meet all City's Standard Drawings to the satisfaction of the City Engineer.
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:
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:
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 Exhibit
Applicants for Active Sidewalk are required to pay:
Spaces as Places allows permanent Outdoor Dining on Private Property to replace existing privately owned off-street parking within transit priority areas or excess existing privately owned off-street parking outside of transit priority areas in accordance with SDMC §141.0628 and
Spaces as Places Design Manual.
If your business is located within the Transit Priority Area you can replace any or all parking spaces that are not designated as accessible. If your business is not located within the Transit Priority Area you may only replace parking spaces that are not required by the parking regulations or are not designated as accessible. Please use the Parking Standards Transit Priority Areas map to determine if your business is within the Transit Priority Area.
Fees for Outdoor Dining on Private Property are listed here.
A Sidewalk Café is an area for outdoor dining located in the public right-of-way adjacent to a street-level eating and drinking establishment. The regulations for sidewalk cafés are identified in San Diego Municipal Code
§141.0621. Outdoor eating and drinking establishment areas located on private property are not subject to the sidewalk café regulations and the
Spaces as Places Design Manual.
Review Information Bulletin 523 for all submittal requirements.
Sidewalk Cafés fees for:
Promenades involve partial or complete street closures to vehicular traffic to facilitate active transportation uses such as walking and biking free from vehicular conflicts in accordance with SDMC section 141.0629 and
Spaces as Places Design Manual.
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:
Promenades must meet all engineering standards to the satisfaction of the City Engineer.
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 Promenades, the City does not require or verify insurance for Promenades.
The applicant shall provide a minimum of the following coverage:
Applicants for Active Sidewalk are required to pay:
Please review the Project Submittal Manual - Section 3. A Public ROW Permit is required for the following unless otherwise exempt under SDMC Section
129.0703:
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 Exhibit
Step 1
Step 2
Read the requirements for PDF file uploads.
Step 3
Find your Zone Designation:
Before applying, verify that Spaces as Places is a permitted use by:
Step 4
Download and complete:
Step 6
Step 1
Step 2
Read the requirements for PDF file uploads.
Step 3
Find your Zone Designation:
Before applying, verify that Spaces as Places is a permitted use by:
Step 4
Download and complete:
Step 6
You will be required to upload the completed documents from Step 4. Submitting without all the requirements will result in delays.Step
Step 1
Step 2
Read the requirements for PDF file uploads.
Step 3
Find your Zone Designation:
Before applying, verify that Spaces as Places is a permitted use by:
Step 4
Download and complete:
Step 6
You will be required to upload the completed documents from Step 4. Submitting without all the requirements will result in delays.Step
Step 1
Step 2
Read the requirements for PDF file uploads.
Step 3
Find your Zone Designation:
Before applying, verify that Spaces as Places is a permitted use by:
Step 4
Download and complete:
Step 6
You will be required to upload the completed documents from Step 4. Submitting without all the requirements will result in delays.Step
Step 1
Step 2
Read the requirements for PDF file uploads.
Step 3
Find your Zone Designation:
Before applying, verify that Spaces as Places is a permitted use by:
Step 4
Download and complete:
Step 6
You will be required to upload the completed documents from Step 4. Submitting without all the requirements will result in delays.Step
Please continue if you are applying for the temporary use of a street, sidewalk or parking lane.
You do NOT need to apply for a permit to conduct business outdoors on private property, including privately-owned parking lots.
Does your proposal include the use of a platform?
NOTE: Platforms are NOT required to conduct business outdoors.
Do you have a right of waypermit for the use of a platform?
If No, you will be directed to the right of waypermit page. A right of waypermit must be obtained before applying for a Temporary Outdoor Business Operation Permit. A right of waypermit costs on average about $2,000. A Temporary Outdoor Business Operation Permit without a platform is free.
Guidelines: Americans With Disabilities Act
Guidelines for Outdoor Businesses:
Tutorials
I already have a TOBO. Do I need to get a Streetary Permit in order to continue operating outdoors?
TOBO permits expire on July 13, 2021. Applying for a Streetary permit, under the Spaces as Places Program, is necessary for outdoor business operations past this date. Outdoor operations that were permitted through TOBO may require substantial investment to comply with Streetary regulations.
All eating and drinking establishments, including restaurants, cafes, fast food outlets, coffee shops, bars, taverns, brewpubs, breweries, microbreweries, distillery pubs, wineries, tasting rooms and other similar places of public accommodations offering food, beverages or alcoholic beverages for on‐premises consumption are eligible.
How long does this program last?
Ordinance #O-21391 permanently allows outdoor dining and other community gathering spaces within areas of the public right-of-way with permits that are renewable every two years.
Can I install furniture, railings, etc.?
Can alcohol be served in these new outdoor areas?
Please visit abc.ca.gov for guidance.
The property owner must sign the encroachment agreement required with the permit application. A BID can apply for a permit application provided that the encroachment agreement is signed by all property owners.
How will enforcement be handled?
Residents can call 619-236-5500 or visit sandiego.gov/ced to report concerns about how an expanded patio space is operating. The City's Code Enforcement Division will investigate complaints received from the public about the location or operation of an outdoor area. If an inspector finds a violation of these guidelines or any other applicable provision of San Diego municipal codes, the eligible business and property owner will be responsible for resolving the issue and paying any enforcement‐related fines or penalties.
Applicants for Streetaries are required to pay an exclusive use fee per the Spaces as Places exclusive use fee resolution. If the applicant proposes to keep the streetary restricted to customers during operational hours, the applicant must pay a per square feet exclusive use fee.
Areas identified as having high and very-high access to opportunity will be required to pay $30 per square foot per year, areas identified as having moderate access to opportunity will be required to pay $20 per square foot per year and areas identified as having low- and very-low access will be required to pay $10 per square feet per year. Since these permits are valid for two years, applicants will be required to pay double these amounts resulting in fees of $60, $40 and $20 per square foot, respectively. These fees per square foot will be required every two years if a permit is renewed. Please review the City of San Diego Climate Equity Index to determine which opportunity a business is located in.
Applicants for Streetaries must also pay a Development Impact fee per the Planning Department's Development Impact Fee Schedules.
What does the permit process entail?
First, applicants must apply for the permit. Second, Development Services staff will review the application and other submitted items. Third, the permit will be issued upon payment of all applicable fees. Fourth, a City inspection will occur. Last, the business will be able to operate in the permitted area.
There may be planned and unplanned construction, including the installation of 5G networking equipment and other utilities, including construction work related to the City's Capital Improvements Program, that may impact a business's ability to expand outdoors. The Development Services Department may be reviewing work that may already be moving through city processes. That would take priority over a newly received request for a new Spaces as Places permit. However, both may be accommodated, depending on the proposal and timing of the closures.
What access issues should I keep in mind?