Outdoor Dining on Private Property
San Diego Municipal Code § 141.0628
in effect§141.0628 Outdoor Dining on Private Property
The permanent use of a private property for outdoor dining is permitted as a limited use in the zones indicated with an “L” in the Use Regulations Tables in Chapter 13, Article 1 (Base Zones), subject to the following regulations:
(a) Permit Requirements:
(1) Written permission from the record owner of the premises is required.
(2) A Building Permit shall be obtained in accordance with Chapter 12, Article 9, Division 2.
(3) The Building Permit permit holder shall be responsible for maintaining the outdoor dining area. Maintenance shall include posting of the name, phone number, and email address of the party responsible for the outdoor dining area in a location visible from the public right-of-way, keeping the outdoor dining area free of litter, and preventing litter attributable to the outdoor dining area from entering adjacent properties, in alleys, or within the public right-of-way.
(4) The use of an alley for the purposes of outdoor dining shall not be permitted.
(5) Removal of required off-street parking spaces to construct outdoor dining on private property shall comply with the following:
(A) Off-street parking spaces that are accessible in accordance with Title 24 of the California Code of Regulations (California Building Standards Code) shall not be removed for the construction of outdoor dining on private property.
(B) Outside of a Sustainable Development Area, off-street parking spaces shall not be removed for the construction of outdoor dining on private property unless they are in excess of the minimum number of parking spaces required by Chapter 14, Article 2, Division 5.
(C) Within a Sustainable Development Area and outside of the Coastal Overlay Zone, removal of off-street parking spaces shall not be the basis of denial of the permit for outdoor dining on private property, except as provided in 141.0628(a)(5)(A).
(D) Within both a Sustainable Development Area and the Coastal Overlay Zone, the following regulations apply:
(i) Outside of the Beach Impact Area of the Parking Impact Overlay Zone, off-street parking spaces in excess of the minimum number of spaces required by Chapter 14, Article 2, Division 5 may be removed for the construction of outdoor dining on private property. All parking required by Chapter 14, Article 2, Division 5 that is removed for the construction of outdoor dining on private property shall be replaced with an equivalent number of off-street parking spaces provided at no cost to the public through shared parking in accordance with Section 142.0545.
(ii) Within the Beach Impact Area of the Parking Impact Overlay Zone, but outside of the Transit Priority Area, all off-street parking spaces removed to construct outdoor dining on private property shall be replaced with an equivalent number of off-street parking spaces provided at no cost to the public through shared parking in accordance with Section 142.0545.
(6) The hours of operation of the outdoor dining operations shall be limited to the hours that the kitchen facilities of the associated eating and drinking establishment are open for meal ordering. Alcohol, food, or beverages shall not be served or permitted within the outdoor dining area before 7:00 a.m. and after 10:00 p.m. Sunday through Thursday, and before 7:00 a.m. and after 11:00 p.m. Friday through Saturday and the day prior to a City Holiday.
(7) Outdoor dining located within 150 feet of an adjacent residential use shall not serve or allow alcohol, food, or beverages within the outdoor dining area before 7:00 a.m. and after 9:00 p.m. Sunday through Thursday, before 7:00 a.m. and after 10:00 p.m. Friday through Saturday.
(8) Outdoor dining shall comply with the sound level limits of the associated eating and drinking establishment in accordance with Chapter 5, Article 9.5, Division 4.
(9) Live entertainment is not allowed within outdoor dining areas unless a Conditional Use Permit is granted in accordance with Process Three and provided that the Conditional Use Permit is in accordance with the provisions of Chapter 3, Article 3, Division 15. The Building Permit permit holder for Outdoor Dining area shall provide a noise impact analysis to the City for consideration before approval of the Conditional Use Permit. The noise impact analysis shall be prepared by a qualified acoustical engineer and shall evaluate noise and vibration impacts to the surrounding neighborhood. A Conditional Use Permit shall not be granted for live entertainment before 8:00 a.m. and after 9:00 p.m. Sunday through Thursday, and before 9:00 a.m. and after 10:00 p.m. Friday through Saturday.
(b) Design Requirements:
(1) Outdoor dining on private property shall be delineated by a barrier from the off-street parking spaces by a railing, fence, or a combination of railing and fence, and planter boxes that are at least 3 feet in height. Solid walls are not permitted.
(A) The barrier may be either permanently installed or moveable. If it is moveable, it shall be affixed to a sidewalk while the eating and drinking establishment is open for business.
(B) Awnings or umbrellas may be used in conjunction with an area for eating and drinking but shall not be used as a permanent roof or shelter over the area for eating and drinking.
(2) Outdoor dining on private property shall be designed and operated so that it may be used by people of all abilities by complying with all of the following:
(A) The surface of the outdoor dining area shall be level and have a running slope and a cross slope that do nt exceed 2 percent (1 unit vertical in 48 units horizontal).
(B) The outdoor dining area shall not be located on a raised platform or in a sunken area, unless an accessible ramp is provided in accordance with the California Building Code, or the Americans with Disabilities Act, whichever provides greater accessibility.
(C) At least one wheelchair accessible seating space shall be provided for every 20 seats, or portion thereof.
(D) When multiple wheelchair accessible seating spaces are provided, they shall be distributed and integrated within the outdoor dining area.
(E) Wheelchair accessible seating spaces shall have a minimum unobstructed maneuverability dimension of 30 inches in width by 48 inches in depth.
(F) Access to designated wheelchair seating spaces shall be provided through an accessible path with not less than 36 inches unobstructed width.
(3) Base Zone regulations for setbacks, and minimum lot coverage, and emergency access in accordance with the California Fire Code shall apply.
(“Outdoor Dining on Private Property” added 11-23-2021 by O-21391 N.S.; effective 1-6-2022.) (Amended 6-12-2023 by O-21655 N.S.; effective 8-10-2023.) (Amended 7-22-2024 by O-21836 N.S.; effective 10-5-2024.) (Amended 6-15-2026 by O-22109 N.S.; effective 7-15-2026.)
[Editors Note: Amendments as adopted by O-22109 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-22109-SO.pdf ]
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter14/Ch14Art01Division06.pdf#page=68Fetched: 10/28/2026