§141.0621 Sidewalk Cafes, Streetaries, and Active Sidewalks
The sidewalk cafes, streetaries, and active sidewalks regulations establish requirements for outdoor dining and other uses located within the public right-of-way. For the purposes of Section 141.0621, sidewalk cafes are defined as outdoor dining spaces located within the sidewalk area of the public right-of-way that are associated with adjacent eating and drinking establishments; streetaries are defined as outdoor spaces located in a street space formerly dedicated to parking spaces that serves as an extension of an eating and drinking establishment; and active sidewalks are defined as the permanent extension of the curb into the public right-of-way to facilitate activation of the public right-of-way through recreational amenities, landscaped areas, seating areas, farmers markets, artworks, or outdoor dining. Sidewalk cafes, streetaries, and active sidewalks are 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. It is not the intent of Section 141.0621 to regulate outdoor eating and drinking establishment areas that are located on private property.
(a) Limited Use Regulations for Sidewalk Cafes
(1) Design requirements
(A) A sidewalk cafe shall be located within the sidewalk area adjacent to a street-level eating and drinking establishment.
(B) A sidewalk cafe that provides a maximum of one row of tables and chairs within 4 feet 6 inches of the building façade, placed in a manner that does not block ingress or egress from the associated eating and drinking establishment, shall not be required to install a barrier in accordance with Section 141.0621(a)(1)(C).
(C) If not designed in compliance with Section 141.0621(a)(1)(B), the area of a sidewalk cafe shall be delineated by a barrier consisting of railings, fences, or a combination of railings and fences, and planter boxes that are 3 feet in height or less. Solid walls are not permitted.
(i) The barrier may be either permanently installed or moveable. If it is moveable, it shall be affixed to the sidewalk while the sidewalk cafe is open for business.
(ii) A clear, transparent, shatterproof glass or similar material may be used on top of the 3-foot barrier to enclose the sidewalk cafe to minimize windy or cold climatic conditions. The height of the sidewalk cafe barrier plus the clear enclosure shall not exceed 5 feet.
(iii) Awnings or umbrellas may be used in conjunction with a sidewalk cafe, but shall not be used as a permanent roof or shelter over the sidewalk cafe area.
(D) Clear Path of Travel
(i) A clear path, free of all obstructions to the flow of pedestrian traffic, shall be provided in the public right-of-way and shall be maintained at all times. Obstructions include traffic signals or signs, light standards, parking meters, phone booths, bus stops, trash receptacles, benches, trees, gates that open outward beyond the perimeter of the sidewalk cafe, and similar objects.
(ii) The clear path shall be a paved sidewalk that is at least 5 feet wide, the width identified in the applicable adopted land use plan, or the width required by the applicable zone or planned district, whichever width is greater.
(iii) The clear path may meander from side to side to avoid obstructions, but shall maintain a continuous, common surface at least 3 feet in width that provides a direct path of travel past the sidewalk cafe.
(iv) The clear path shall be measured from the outermost point of the sidewalk cafe to the curb or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter;
(v) Recesses in the building facade shall not be used to satisfy the clear path requirement.
(E) Accessibility. A sidewalk cafe shall be designed and operated so that unsafe conditions are not created for the physically disabled, blind, or partially sighted.
(i) The surface of a sidewalk cafe shall be level, and have a running slope and a cross slope that do not exceed 2 percent (1 unit vertical in 50 units horizontal).
(ii) A sidewalk cafe 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.
(iii) At least one wheelchair seating space shall be provided for each 20 seats, or portion thereof.
(iv) When multiple accessible seating spaces are provided, they shall be reasonably distributed and integrated within the area of the sidewalk cafe.
(v) Accessible wheelchair spaces shall have a minimum unobstructed maneuverability dimension of 30 inches in width by 48 inches in depth.
(vi) Access to designated wheelchair spaces shall be provided via an accessible path with not less than 36 inches unobstructed width.
(F) An unobstructed path of ingress and egress travel with a minimum 4-foot width that leads occupants directly from exit doors to the public right-of-way shall be required for a sidewalk cafe and associated eating and drinking establishment.
(G) No portion of a sidewalk cafe may be located within 8 feet of the entrance to a ground floor commercial use other than the entrance to the adjacent restaurant unless the property owners and first floor tenants of the affected commercial lease spaces provide a notarized letter of permission.
(H) If awnings are attached to the main building, they shall be secured in accordance with the California Building Code and shall be subject to inspection by the Building Official prior to occupancy of a sidewalk cafe.
(I) The interior of a sidewalk cafe shall consist solely of moveable furnishings, including moveable tables, chairs, and umbrellas.
(J) Landscaping may be placed in moveable planters or planted in the ground inside a delineated sidewalk cafe area adjacent to the barrier.
(K) Lighting fixtures may be permanently affixed to the front of the associated eating and drinking establishment but shall not protrude into the pedestrian path.
(L) The name and type of establishment may be placed on umbrellas or on the valance of an awning with an overhang not lower than 84 inches from the finished grade of the sidewalk. Other signs are not permitted on a sidewalk cafe.
(M) Parking for a sidewalk cafe portion of an eating and drinking establishment shall only be required if:
(i) The area of a sidewalk cafe is greater than 200 square feet;
(ii) The area of a sidewalk cafe exceeds 25 percent of the combined total of the gross floor area of the associated eating and drinking establishment and the area of the sidewalk cafe; and
(iii) A sidewalk cafe is located outside of a Transit Priority Area.
(2) Permit requirements
(A) Prior to installation of any furniture or improvements in the public right-of-way and prior to operation of a sidewalk cafe, the applicant shall obtain a Public Right-of-Way Permit or Building Permit in accordance with Sections 129.0203 and 129.0702, and an Encroachment Maintenance and Removal Agreement in accordance with Section 129.0715. Violations of a Public Right-of-Way Permit or Building Permit shall be subject to the permit revocation procedures set forth in Chapter 12, Article 1, Division 3.
(B) The dimensions of a sidewalk cafe shall be delineated on a site plan and documented in the associated Public Right-of-Way Permit or Building Permit, as applicable.
(C) Prior to occupancy of a sidewalk cafe, inspection shall be required in accordance with Section 129.0111, as applicable.
(D) An annual inspection of a sidewalk cafe shall be required to ensure compliance with the limited use regulations for sidewalk cafes.
(3) Operational requirements
(A) A sidewalk cafe shall only be used only for dining, drinking, and circulation, and shall operate only in conjunction with an adjacent eating and drinking establishment.
(B) A sidewalk cafe may provide either waiter/waitress service or self-service.
(C) The sidewalk within, and adjacent to, the sidewalk cafe shall be clean and free of litter at all times.
(D) Trash or storage areas shall not be located on or adjacent to the public right-of-way.
(E) Musical instruments or sound reproduction devices shall not be operated or used within a sidewalk cafe. For purposes of enforcement of Chapter 5, Article 9.5, the property line shall be considered the boundary of a sidewalk cafe.
(F) The hours of operation of a sidewalk cafe 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 sidewalk cafe after 10:00 p.m. Sunday through Thursday, and after11:00 p.m. Friday through Saturday.
(G) Smoking or vaping is not permitted within a sidewalk cafe at any time. For purposes of this section, the terms smoke, smoking, vape, and vaping have the same meanings as in San Diego Municipal Code section 43.1001.
(H) A sidewalk cafe shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable.
(I) Outdoor cooking and preparation of food within the public right-of-way is prohibited.
(J) Portable heaters, if provided, shall be located a minimum of 4 feet away from the exterior face of the building and from any combustible materials, including architectural projections, or in accordance with manufacturer recommendations, whichever is most restrictive.
(K) A copy of the approved Public Right-of-Way Permit or Building Permit, as applicable, for a sidewalk cafe shall be posted on the premises of the associated eating and drinking establishment.
(4) A Process Two Neighborhood Use Permit may be requested in accordance with Section 126.0203 to deviate from the requirements in Section 141.0621(a) as follows:
(A) The applicant shall identify any requirement in Section 141.0621(a) where a deviation is being requested and shall specify why the deviation is needed.
(B) The decision maker will evaluate the request in accordance with the adopted land use plan and Land Development Manual to determine if a sidewalk cafe with the proposed deviation is a suitable use for the proposed site and will not infringe on use of the public right-of-way by pedestrians. In making the determination, the decision maker shall consider the following:
(i) The width of the sidewalk;
(ii) The design and relationship of the sidewalk cafe to other existing or planned uses in the vicinity;
(iii) The amount of pedestrian use and the impact of the sidewalk cafe’s location on pedestrian activity; and
(iv) The sidewalk cafe’s ability to fit the character of the area, create an outdoor pedestrian plaza, intensify pedestrian activity, and make the street activity more attractive.
(b) Limited Use Regulations for Streetaries
(1) Location Requirements:
(A) Streetaries shall be located adjacent to eating and drinking establishments at the following locations:
(i) Within the curb lane on streets where on-street metered or unmetered parking spaces exist adjacent to the front of the eating and drinking establishment, or along an adjacent neighboring on-street metered or unmetered parking spaces with the written permission from the adjacent property owner stating the permission is valid for the term of the Encroachment Maintenance and Removal Agreement.
(ii) At least 20 feet away from an intersection, street corner, alley or a driveway; and
(iii) Along curbs painted yellow, or green, or non-painted curbs or motorcycle parking areas.
(B) Streetaries shall not be allowed at the following locations:
(i) Along a street segment with a speed limit greater than 30 miles per hour.
(ii) Along a street with a street classified as major or greater.
(iii) Along a curb painted red, white, or blue.
(iv) Within or adjacent to an alley.
(v) Adjacent to a Metropolitan Transit System (MTS) stop or a bus lane.
(vi) Within an existing bike lane or within a proposed bike lane project identified in any comprehensive bicycle plan or adopted land use plan.
(vii) Within 5 feet of storm drain inlets or cleanouts.
(viii) Over utility access panels, manhole covers, handholes, transformers, water meters or water valves.
(ix) Within 5 feet of a fire hydrant and any emergency equipment.
(x) Within 5 feet of any natural gas or electric utility facility, including the perimeter of any manholes, handholes or vaults, and any surface-level structures such as natural gas meters, monitors, pressure regulators, protection stations, poles, curbside electric meters, transformers or green utility boxes.
(2) Permit Requirements
(A) Prior to installation of any furniture or improvements in the public right-of-way and prior to operation of a streetary, an applicant shall obtain a Public Right-of-Way Permit in accordance with Section 129.0710(d) and an Encroachment Maintenance and Removal Agreement in accordance with Section 129.0715. Violations of a Public Right-of-Way Permit shall be subject to the permit revocation procedures set forth in Chapter 12, Article 1, Division 3.
(B) The Public Right-of-Way Permit for streetaries shall be limited to a maximum two-year term period, after which a new application may be submitted in accordance with Section 141.0621(b).
(C) Removal of on-street parking spaces to construct streetaries shall comply with the following:
(i) On-street accessible parking spaces provided in accordance with Title 24 of the California Code of Regulations (California Building Standards Code) shall not be removed for the construction of a streetary.
(ii) Outside of Coastal Overlay Zone, removal of on-street parking spaces shall not be the basis of denial of a Public Right-of-Way Permit for a streetary, except as provided in 141.0621(b)(2)(C)(i).
(iii) Within the Coastal Overlay Zone and outside of the Beach Impact Area of the Parking Impact Overlay Zone, removal of on-street parking spaces shall not be the basis of denial of a Public Right-of-Way Permit for a streetary, except as provided in 141.0621(b)(2)(C)(i).
(iv) Within both the Coastal Overlay Zone and the Beach Impact Area of the Parking Impact Overlay Zone, but outside of the Transit Priority Area, all on-street parking removed to construct a streetary shall be replaced with an equivalent number of off-street parking spaces provided at no cost to the public either on the same premises as the business proposing the streetary, or off-premises through shared parking in accordance with Section 142.0545.
(D) The dimensions of a streetary shall be delineated on a site plan and documented in the associated Public Right-of-Way Permit.
(E) Prior to the issuance of a Public Right-of-Way Permit for a streetary, the applicant shall pay a fee for the use of and operation within the public right-of-way, as adopted by San Diego City Council Resolution.
(F) A streetary is subject to Development Impact Fees in accordance with Section 142.0640(b)(6).
(G) Prior to issuance of a Public Right-of-Way Permit for a streetary, the applicant shall provide evidence of general liability insurance naming the City of San Diego as additional insured, which shall remain in effect during the operation of the streetary.
(H) Alcohol, food, or beverages shall not be served or allowed within the streetary 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.
(I) Streetaries located within 150 feet of an adjacent residential use shall not serve or allow alcohol, food, or beverages within the streetary before 7:00 a.m. and after 9:00 p.m. Sunday through Thursday, and before 7:00 a.m. and after 10:00 p.m. Friday through Saturday.
(J) Streetaries shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable.
(K) Smoking and vaping shall not be permitted within the streetary. For purposes of this Section, the terms smoke, smoking, vape, and vaping have the same meanings as set forth in San Diego Municipal Code Section 43.1001.
(L) Live entertainment is not permitted within a streetary unless a Conditional Use Permit is granted in accordance with Process Three and the Conditional Use Permit is in accordance with the provisions of Chapter 3, Article 3, Division 15. The Public Right-of-Way Permit holder for the streetary 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.
(M) Outdoor cooking and food preparation within the streetary is prohibited.
(N) Noise levels within the streetary shall comply with the sound level limits of the adjacent use of the eating or drinking establishment in accordance with Chapter 5, Article 9.5, Division 4.
(O) The Gaslamp Quarter Planned District Design Guidelines shall apply to streetaries located within the Gaslamp Quarter Planned District.
(P) The Public Right-of-Way Permit permit holder shall be responsible for maintaining the streetary. Maintenance shall include posting of the name, phone number, and email address of the person responsible for the streetary in a location visible from the public right-of-way, keeping the streetary free of litter, and preventing litter attributable to the streetary from entering adjacent properties within the public right-of-way.
(Q) Streetaries shall remain open to public during all non-operational hours.
(3) Design Requirements
Streetaries shall be designed in accordance with the Spaces as Places Design Manual and meet the following regulations to the satisfaction of the City Engineer:
(A) Streetaries shall be designed as an extension of the sidewalk with at least one minimum 48 inches wide entry for every 10 feet of streetary along the curbside edge.
(B) The width of the streetary shall not extend within 2 feet of the edge of the street travel lane.
(C) A streetary shall provide a setback of at least 4 feet from adjacent vehicle parking spaces.
(D) The deck of the streetary platform shall be flush with the sidewalk.
(E) Bolting into the street or penetrating into the surface of the road shall not be permitted.
(F) A minimum 36 inches wide emergency access gap with horizontal and vertical clearance shall be required for every 20 feet of the streetary or adjacent streetaries or other structures in the parking lane.
(G) The accessible path of travel through the streetary shall be a paved sidewalk that is at least 5 feet wide, the width identified in the applicable adopted land use plan, or the width required by the applicable zone or planned district, whichever width is greater.
(H) Drainage
(i) Streetaries shall not impede the flow of curbside drainage.
(ii) An 8 inch by 6 inch minimum clear gutter space shall be provided along the entire length of the streetary adjacent to the curb.
(iii) The applicant shall ensure that the drainage area between the curb and the platform remains clear of debris and proper drainage occurs at all times.
(I) A 42 inch high railing shall be placed at the edge of the streetary to serve as a barrier from vehicular traffic.
(J) No horizontal or vertical structure shall be placed above 42 inches from the surface of the streetary except for stanchions needed to provide lighting.
(K) Umbrellas with an overhang of a minimum of 84 inches from the finished grade of the sidewalk may be used in conjunction with a streetary, but no permanent roof or shelter is permitted over the streetary. The canopy of the umbrella shall be contained within the streetary and shall not protrude into the sidewalk, adjacent parking spaces, adjacent streetaries or the travel or bike lane.
(L) Solar powered lights shall be permitted but electrical lighting elements that contain wires that cross the clear path of travel shall not be permitted.
(M) The placement of the name and type of establishment on umbrellas is allowed. Other signs shall not be permitted on a streetary.
(N) Streetaries shall be designed in accordance with the Spaces as Places Design Manual.
(O) The Gaslamp Quarter Planned District Design Guidelines shall apply to streetaries located within the Gaslamp Quarter Planned District.
(4) Accessibility
(A) Accessible Path of Travel
(i) An accessible path of travel shall connect the sidewalk to the accessible entry, deck surface, wheelchair turning space, and wheelchair resting space.
(ii) The accessible path of travel shall be a minimum of 60 inches wide on the sidewalk and shall not pass over tree wells.
(iii) The accessible path of travel shall be free of obstruction and protruding objects.
(B) Accessible Deck Surface
(i) The accessible path of travel on the deck surface shall be a minimum of 44 inches wide.
(ii) The portion of the streetary deck connected by the accessible path of travel to the wheelchair turning space and wheelchair resting space shall be level.
(iii) The accessible deck surface maximum cross slope (perpendicular to the sidewalk or curb) and the maximum running slope (parallel to the curb) shall not exceed 2 percent.
(iv) The surface of the accessible route, clear floor spaces, and turning spaces shall be firm, stable, and slip resistant.
(v) Openings in floor or deck surfaces shall not allow the passage of a sphere more than half an inch in diameter. Elongated openings shall be placed so that the long dimension is perpendicular to the dominant direction of travel.
(C) A clear area of 60 inches in diameter located entirely within the streetary shall be provided for wheelchair turning with a maximum overlap of 12 inches on the curb and sidewalk.
(D) A clear floor area of 36 inches by 48 inches shall be provided for wheelchair resting space with a maximum overlap of 24 inches with the wheelchair turning space in any orientation.
(E) The wheelchair resting space shall provide shoulder-to-shoulder alignment adjacent to one side of the fixed seat to serve as wheelchair user companion seating.
(F) A minimum head height clearance of 84 inches from the finished grade of the streetary is required at all times.
(G) Equivalent Facilities
(i) Where tables, counters, or drink rails are provided, at least one of each feature shall be wheelchair accessible.
(ii) The top surface height of wheelchair accessible tables, counters and or drink rails shall be 28 inches to 34 inches above the deck surface.
(iii) Wheelchair accessible tables and counters shall be approachable from the front and provide an unobstructed knee clearance that is at least 27 inches high, 30 inches wide, and 19 inches deep.
(iv) When movable tables are provided in lieu of fixed tables, at least one of the movable tables shall be accessible.
(v) Where drink rails are provided, a 60 inch long portion of a drink rail shall have 36 inch wide and level space adjacent to it for a side-approach by a wheelchair user.
(H) Terraced or Multi-Level Streetaries
(i) Streetaries on streets with grades that exceed 5 percent may construct a terraced streetary with two or more decks.
(ii) At least one of the terraces shall be wheelchair accessible and provide equivalent seating, tables, and countertop facilities to those found in other terraces.
(iii) The wheelchair accessible terrace shall provide a wheelchair accessible entry from the sidewalk.
(iv) The wheelchair accessible entry shall include a structure on the sidewalk within the sidewalk furnishing zone that provides a transition between the sidewalk and streetary deck.
(v) Passage between terrace levels shall provide a ramp with a running slope not to exceed 5%.
(vi) Any step or stair shall contain a warning strip at the nose of the step and handrails in accordance with the California Building Code.
(5) Deviation Process
A deviation from the requirements in Section 141.0621(b) may be permitted with a Neighborhood Use Permit decided in accordance with Process Two, as follows:
(A) The applicant shall identify any requirement in Section 141.0621(b) where a deviation is being requested and shall specify why the deviation is necessary.
(B) Deviations related to the following shall not be granted:
(i) Addition of an overhead structure;
(ii) Storm water requirements;
(iii) Hours of operation;
(iv) Engineering standards; and
(v) Accessibility requirements.
(c) Limited Use Regulations for Active Sidewalks
(1) Location Requirement:
(A) Active sidewalks shall be located along the curbside on streets where metered or unmetered parking exists.
(B) Active sidewalks shall be located only on streets with a curb-to-curb width sufficient to accommodate a Class IV bicycle lane after installation of the active sidewalk.
(C) Active sidewalks shall meet the locational requirement to the satisfaction of the City Engineer to ensure public health and safety.
(2) The following uses shall be permitted within an active sidewalk:
(A) Recreational amenities, including landscaped and seating areas, in accordance with Section 129.0710(d).
(B) Artworks.
(C) Outdoor Dining in accordance with Section 141.0621(c)(6).
(E) Farmers Markets in accordance with Section 141.0503.
(F) Other uses approved through a deviation in accordance with Section 141.0621(c)(7).
(3) Permit Requirements:
(A) Prior to installation of any furniture or improvements in the public right-of-way and prior to operation of an active sidewalk, the applicant shall obtain a Public Right-of-Way Permit in accordance with Section 129.0710(d) and an Encroachment Maintenance and Removal Agreement in accordance with Section 129.0715 to the satisfaction of the City Engineer. Violations of a Public Right-of-Way Permit shall be subject to the permit revocation procedures set forth in Chapter 12, Article 1, Division 3.
(B) Removal of on-street parking spaces to construct active sidewalks shall comply with the following:
(i) On-street accessible parking spaces provided in accordance with Title 24 of the California Code of Regulations (California Building Standards Code) may only be removed for the construction of active sidewalks if they are replaced with an equivalent number of new accessible spaces and relocated within the block perimeter or within 500 feet of their original location, subject to the approval of the City Engineer.
(ii) Outside of the Coastal Overlay Zone, removal of on-street parking spaces shall not be the basis of denial of a Public Right-of-Way Permit for active sidewalks, except as provided in 141.0621(c)(3)(B)(i).
(iii) Within the Coastal Overlay Zone and outside of the Beach Impact Area of the Parking Impact Overlay Zone, removal of on-street parking spaces shall not be the basis of denial of a Public Right-of-Way Permit for an active sidewalk, except as provided in 141.0621(c)(3)(B)(i).
(iv) Within both the Coastal Overlay Zone and the Beach Parking Impact Area, but outside of the Transit Priority Area, all on-street parking removed to construct an active sidewalk shall be replaced with an equivalent number of off-street parking spaces provided at no cost to the public either on the same premises as the business proposing the active sidewalk, or off-premises through shared parking in accordance with Section 142.0545.
(C) Prior to issuance of a Public Right-of-Way Permit for an active sidewalk, the applicant shall provide evidence of general liability insurance naming the City of San Diego as additional insured, which shall remain in effect during the operation of the active sidewalk.
(D) Alcohol, food, or beverages shall not be served or allowed within the active sidewalk before 7:00 a.m. and after 10:00 p.m. Sunday through Thursday, before 7:00 a.m. and after 11:00 p.m. Friday through Saturday.
(E) Active sidewalks located within 150 feet of an adjacent residential use shall not serve or allow alcohol, food or beverages within the active sidewalk before 7:00 a.m. and after 9:00 p.m. Sunday through Thursday, and before 7:00 a.m. and after 10:00 p.m. Friday through Saturday and the day prior to a City Holiday.
(F) Live entertainment is not allowed within an active sidewalk unless a Conditional Use Permit is granted in accordance with Process Three and the Conditional Use Permit is in accordance with the provisions of Chapter 3, Article 3, Division 15. The Public Right-of-Way Permit permit holder for the active sidewalk 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.
(G) All programming along active sidewalks shall be in accordance with the Special Events Ordinance, Chapter 2, Article 2, Division 40.
(H) Smoking and vaping shall not be permitted within the active sidewalk. For purposes of this Section, the terms smoke, smoking, vape, and vaping have the same meanings as in San Diego Municipal Code Section 43.1001.
(I) Active sidewalks shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable.
(J) Active sidewalks shall comply with the sound level limits of the adjacent use in accordance with Chapter 5, Article 9.5, Division 4.
(K) The Public Right-of-Way Permit permit holder shall be responsible for maintaining the active sidewalk. Maintenance shall include, but not be limited to, posting of the name, phone number, and email address of the person responsible for the active sidewalk in a location visible from the public right-of-way, keeping the active sidewalk free of litter, and preventing litter attributable to the active sidewalk from entering adjacent properties and the public right-of-way.
(4) Design Requirements:
Active sidewalks shall be designed in accordance with the Spaces as Places Design Manual and meet the following regulations to the satisfaction of the City Engineer:
(A) Permanent expansion of the curb line for an active sidewalk into the parking lane starting at the corner or in the middle of the street shall be designed to the satisfaction of the City Engineer.
(B) The length of an active sidewalk shall be at least 54 feet.
(C) The design and placement of street furniture, trees, and plantings on an active sidewalk shall not impede pedestrian flow, or be placed within 10 feet from an intersection to avoid interfering with visibility area, emergency operations, or sight lines, to the satisfaction of the City Engineer.
(D) The placement of the name and type of the associated establishment on umbrellas shall be permitted. Other signs shall not be permitted on an active sidewalk.
(E) Active sidewalks shall be designed in accordance with current Storm Water standards.
(F) Active sidewalks shall be designed in accordance with the Spaces as Places Design Manual, Street Design Manual, and all applicable engineering standards.
(G) The Gaslamp Quarter Planned District Design Guidelines shall apply to active sidewalks within the Gaslamp Quarter Planned District.
(5) Active sidewalks shall comply with all State and Federal accessibility requirements.
(6) The exclusive use of a portion of an active sidewalk for outdoor dining, including fixed or moveable furniture placed closer to the adjacent eating and drinking establishment or closer to the adjacent travel lane within the active sidewalk, is allowed so long as:
(A) The accessible path of travel is a paved sidewalk that is at least 5 feet wide, the width identified in the applicable adopted land use plan, or the width required by the applicable zone or planned district, whichever width is greater;
(B) 42-inch-high railing is provided along the active sidewalk facing the travel lane when seating for outdoor dining is placed adjacent to the street travel lane;
(C) No horizontal or vertical structure is placed above 42 inches from the surface of the active sidewalk except for stanchions needed to provide lighting; and
(D) The portion of the active sidewalk used for outdoor dining remains open to public during all non-operational hours.
(7) Deviation Process
A deviation from the requirements in Section 141.0621(c) may be permitted with a Neighborhood Use Permit decided in accordance with Process Two, as follows:
(A) The applicant shall identify any requirement in Section 141.0621(c) where a deviation is being requested and shall specify why the deviation is necessary.
(B) Deviations related to the following shall not be granted:
(i) Addition of an overhead structure;
(ii) Storm Water requirements;
(iii) Hours of operation;
(iv) Engineering standards; and
(v) Accessibility requirements.
(Added 12-9-1997 by O-18451 N.S.; amended 10-18-1999 by O-18691 N.S.; effective 1-1-2000.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Amended 10-2-2014 by O-20408 N.S.; effective 11-1-2014.) (Retitled from “Sidewalk Cafes” to “Sidewalk Cafes, Streetaries, and Active Sidewalks” and amended 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 1-21-2026 by O-22050 N.S.; effective 3-22-2026.)
[Editors Note: Amendments as adopted by O-22050 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-22050-SO.pdf ]
(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 ]
