Spaces as Places

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.   

Required Permits and Approvals:

• Without exception, a Building Permit is required prior to the installation of Outdoor Dining on Private Property. The Building Permit application will be reviewed through a Process One decision process to ensure all requirements are met. 
• 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. 

Fees

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.  

Required Permits and Approvals:

• Without exception, a Public Right of Way Permit is required and will be reviewed through Process One decision process if all requirements are met. A Process Two Neighborhood Use Permit will be required if deviations are requested.
• Sidewalk Cafés are permitted as limited use in most commercial zones subject to the regulations in SDMC  §141.0621, and may be approved as follows:
  
  1. Business Improvement District (BID)
     If the site is located within a BID and there will be no alcohol sales or new construction within the Sidewalk Café, approval may be obtained directly from the BID in accordance with the Public Right of Way Enhancement Program. Please contact the applicable BID for information.
  2. Right of Way Permit
     Sidewalk cafés consisting of only tables and chairs within four feet, six inches of the building façade (no construction proposed within the right-of-way, and would not require a building permit) will require a Sidewalk Cafe Right of Way Permit and Agreement. Rapid Review is available for projects that do not require a building permit or discretionary permit for the sidewalk café.
  3. Building Permit
     A Sidewalk Cafe Maintenance & Removal Agreement will be required for a sidewalk café that qualifies under one of the following if it will:
     1. Alter or modify the existing restaurant building or any means of egress from the restaurant building.
     2. Be located on a raised platform or sunken area.
     3. Install a barrier consisting of railings, fences, or planter boxes to delineate the sidewalk café.
     4. Install awnings or canopies.

Submittal Requirements

Review Information Bulletin 523 for all submittal requirements. 

Fees

Sidewalk Cafés fees for:

• Locations within Business Improvement District can be researched by contacting the corresponding BID here.
• Right of Way Permits are listed here. 
• Building Permits are listed here.

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.  

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. If deviations are requested from the San Diego Municipal Code regulations, a Process Two Neighborhood Use Permit will be required.
• 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:

1. Keep all plants in good health.
2. Keep the use free of debris and grime and prevent debris, pollution and contaminants from entering the adjacent Storm Water conveyance system.
3. Adequately maintain the surface of the use.
4. 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.
5. Sweep out debris from under the use to keep it free and clear of all debris at all times.
6. 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.
7. 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.
8. 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:

Promenades must meet all engineering standards 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 Promenades, the City does not require or verify insurance for Promenades.

The applicant shall provide a minimum of the following coverage:

1. Commercial General Liability (CGL)
   CGL limits: 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. 
2. 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.
3. Umbrella 
   The permittee shall maintain an umbrella insurance policy providing coverage in excess of its primary general liability, employer's liability and automobile liability policies in an amount not less than $4,000,000 per occurrence. The City of San Diego must be added as additional insured.

Fees

Applicants for Active Sidewalk are required to pay:

1. 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 ROW." Fees are non-refundable, regardless of whether a permit is approved or denied. In addition, promenades are subject to the Right of Way Permit, D-Sheet fees and other miscellaneous fees. 
2. 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 ROW." Promenades require a deposit account to be established for inspections.  

Submittal & Permit Requirements

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:

• 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 ROW; where not otherwise covered by a Street Tree Permit per SDMC Chapter 6, Article 2, Division 6 (Street Planting).

Review Types

1. 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.

2. 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.  

3. 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.

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.

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. 

• Tables, Benches, Chairs: The outdoor area may include temporary tables, benches, chairs, and shade devices such as umbrellas supported directly on the ground.
• Railings: Temporary railings and other means of containment and separation between patrons and the public are allowed.
• Canopies are not allowed. 
• ADA Requirements for Parking Lot/Lane Use: Outdoor expansion into a private parking lot or the street parking lane requires installing a visible and tactile edge pursuant to Americans with Disabilities Act guidelines. This edge shall consist of temporary posts, wheel stops, barricades, or their equivalents. Retro reflectors shall be installed along the edge and shall comply with the Accessibility requirements.
• Custom Decks/Platforms: Submitted permit drawings must be signed and stamped by a responsible design professional such as a registered Civil or Structural Engineer licensed in the State of California.
• Lighting and Wiring: Solar-powered lights or other alternatives shall be permitted, but electrical lighting elements that contain wires that cross the sidewalk are not permitted.

 Please visit abc.ca.gov for guidance.

1. Temporary banners and temporary A-frame signs are not allowed.
2. Singage can be incorporated onto umbrella coverings. 

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.

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.

1. Standard inspection and review rates apply.

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.

No.

• The City's Office of ADA Compliance and Accessibility has several helpful links that can be found here: sandiego.gov/adacompliance/links. 
• The Development Services Department has published an Accessibility Guide for Small Businesses. 
• A four-foot clear path for accessibility purposes is required to be provided through any business expansion onto the sidewalk or street parking lane. 
• Accessible parking shall not be removed or access to the spots blocked. 
• The expansion shall be designed and operated so that unsafe conditions are not created for people with disabilities, visual impairments, or blindness.
• The surface of accessible portions of the temporary business expansion shall be level and have a running slope and a cross slope that does not exceed 2% (1-unit vertical in 50 units horizontal).
• The temporary business expansion shall not be located in a sunken area unless an accessible ramp is provided per the City of San Diego Standard Drawings, California Building Code or the Americans with Disabilities Act, whichever provides greater accessibility.
• If expansion has multiple outdoor areas, then accessible access and accommodations only need to be provided to one of the areas as long as all areas are equivalent. 
• At least one wheelchair seating space shall be provided for every 20 seats or portion thereof each kind of setting.
• When multiple accessible seating spaces are provided, they shall be reasonably distributed and integrated within the sidewalk cafe area.
• Accessible wheelchair spaces shall have a minimum unobstructed maneuverability dimension of four by three feet and changes in level are not permitted within the space.
• The wheelchair turning space shall be 60 inches in diameter and located entirely within the platform. 
• Access to designated wheelchair spaces shall be provided via an accessible path with not less than a four-foot unobstructed width.
• All areas of newly designed facilities and altered portions of facilities shall comply with accessibility requirements, including all services provided outside of the building, on sidewalks and parking lots, in patios, etc.
• At least one accessible route shall be provided within the site from accessible parking spaces and accessible passenger drop-off and loading zones, public streets and sidewalks, and public transportation stops to the accessible building or facility entrance they serve. This means that persons with mobility impairments shall be able to access the outdoor facilities by an accessible route from the location they arrive on the site, from the public right of way and accessible parking spaces.
• At least one accessible route shall connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site. This means that an accessible route shall be provided from the outdoor facility to the building entrance and the toilet facilities.
• Floor and ground surfaces shall be stable, firm and slip-resistant.
• Carpet or carpet tile shall be securely attached and shall have a firm cushion, pad, or backing or no cushion or pad. Carpet or carpet tile shall have a level loop, textured loop, level cut pile, level cut/uncut pile texture. The pile height shall be ½ inch (12.7 mm) maximum. Exposed edges of carpet shall be fastened to floor surfaces and shall have trim on the entire length of the exposed edge. This means that the edges of the carpet turf shall be adequately secured to prevent it from getting tangled in the wheels of wheelchairs or scooters, creating an obstruction for such wheels to maneuver. 
• Where dining and drinking surfaces are provided for the consumption of food or drink, at least 5% of the seating spaces and standing spaces shall comply with the accessibility standards.
• Applicants must also check against planned bicycle network improvements for available curb space.