What is a Sidewalk Café?

A sidewalk café is an area for outdoor dining located in the public right of way that is adjacent to a street-level eating and drinking establishment. The regulations for sidewalk cafés are identified in San Diego Municipal Code (SDMC) §141.0621.

Outdoor eating and drinking establishment areas located on private property are not subject to sidewalk café regulations.

Sidewalk Café Maintenance and Removal Agreement (Agreement)

An agreement recorded against the property, along with the required permit is required for any sidewalk café constructed in the public right of way and maintained by the property owner. This agreement will be prepared by staff during project review.

What Approvals are Required?

Sidewalk cafés are permitted as a 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 free-standing tables and chairs within four feet, six inches of the building façade, will require a Right-of-Way Permit and Agreement.
   
   A sidewalk café located along the street curb where there is a public path between the sidewalk café and the building façade will require a Right-of-Way Permit and Agreement.
   
   A sidewalk café that is over four feet, six inches from the building façade, will require a barrier consisting of railings, fences, or planter boxes to delineate the sidewalk café. This includes sidewalk cafés located along the street curb.
   
   Applications for sidewalk café right-of-way permits must be submitted separately from other Spaces as Places Right-of-Way Permits, such as streetaries. Applications for right-of-way sidewalk cafés must be submitted separately from sidewalk cafés that require a building permit
3. Building Permit
   A Building Permit and Agreement will be required for a sidewalk café adjacent to the building façade that:
   1. Would alter or modify the existing restaurant building or any means of egress from the restaurant building by adding a barrier consisting of railings, fences, or planter boxes to delineate the sidewalk café; or
   2. Would be located on a raised platform or sunken area; or
   3. Would install awnings or canopies.

Applications for sidewalk café building permits must be submitted separately from sidewalk cafés that require a right-of-way permit.

4. Neighborhood Use Permit
   A Process Two Neighborhood Use Permit (NUP) will be required before approval of a Construction Permit if:
   1. The proposed sidewalk café is located within the La Jolla Shores Planned District; or a CUZone of the Central Urbanized Planned District.
   2. Deviations are requested from the applicable regulations in SDMC §141.0621(a).
5. Other Discretionary Approvals
   1. Coastal Development Permit (CDP) Process Two and Three may be required for sidewalk cafés if triggered as a result of an intensification of use; and
   2. Site Development Permit (SDP) may be required if Sidewalk Café is located within a Planned District Ordinance (PDO).

Submittal Requirements

1. Application Package
   Provide one copy of the following documents:
   1. San Diego Regional Hazardous Materials Questionnaire (HM-9171) - for Building Permit only
   2. Stormwater Requirements Applicability Checklist (DS-560)
   3. Hazardous Materials Reporting Form (DS-165) (for Building Permit only completed and signed for all non-residential projects )
   4. Project Contacts Information (DS-345)
   5. Deposit Account/Financially Responsible Party (DS-3242) - for Neighborhood Use Permit applications only
   6. Supplemental Discretionary Project Application (DS-3035) - for Neighborhood Use Permit applications only
   7. Ownership Disclosure Statement (DS-318) - for Neighborhood Use Permit applications only
2. Grant Deed/Proof of Ownership
   A copy of the Grant Deed is required to provide proof of current ownership for the property proposing the sidewalk café.
3. Historical Review
   Historical review and plans may be required for the proposed work as indicated in the following table. See Potential Historical Resource Review (IB-580) and Designated Historical Resource Review (IB-581) for additional submittal requirements.
4. Public Notice Package
   A public notice package will be required as part of your submittal if a Neighborhood Use Permit is requested for the sidewalk café as explained in Section II. The notice package will be used to notify adjacent tenants and property owners of the proposed sidewalk café. See “How to Obtain Public Noticing Information” (IB-512)
5. Plans
   • Building Permit: Follow the Requirements for Digital Plans and Documents
   • Right-of-Way Permit: Plans must be prepared on the City of San Diego Construction Plan (DS-3179). All plans shall include the following information:
     1. Development Summary
        Provide, in a table format, the following information on the first page of the plans:
     • A bullet point narrative that details the project’s complete scope of work, including all existing and proposed improvements, any proposed development regulation deviations, and the required permits/approvals.
     • The Project Team - List the name and phone number of all consultants, including engineers, architects, designers and contractors.
     • Legal description and Assessor Parcel Number(s) for the property on which the development is proposed.
     • Owner’s name and address.
     • The name and type of the adjacent street-level business that the sidewalk will be serving. Indicate if the business is existing or proposed.
     • Total square footage of the sidewalk café area.
     • The zoning designation and all overlay zone designations.
   2. Site Plan
      A dimensioned site plan drawing showing the general layout of the sidewalk area and building frontage. See Figure 1 for a sample sidewalk café site plan. The general layout of the sidewalk area and building frontage.
      • Street, curb, sidewalk, property lines and all existing/proposed improvements in the sidewalk area.
      • Frontage of the building or tenant space serving the proposed sidewalk café and adjacent buildings or tenant spaces.
      • Boundaries of the sidewalk café.
      • The distance between the sidewalk café and the entrance to the adjacent commercial business (8-foot minimum).
      • The distance between the railing of the sidewalk café and the curb.
      • The distance between any obstruction (parking meters, lights, signs, mailboxes, trees, tree grates, etc.). In the sidewalk area to the railing of the sidewalk café. A minimum distance of 5’ is required for sufficient pedestrian traffic, see section V.
      • Plans must reflect that the direction and extent of the swing of gates or other objects placed within the sidewalk café area do not project beyond the delineated perimeter of the sidewalk café.
      • Plans must establish that the approved means of egress from the existing building are not blocked, diminished or in any way altered as a result of the new sidewalk café.
      • Dimension clearances for disabled access within the sidewalk café area, see section V.
   3. Method of Attachment
      Show the attachment method of the railing to the sidewalk. See Figure 2 for a sample drawing of a standard method of rail attachment.
   4. Elevation Plan
      (Not required for right-of-way permit). This is a dimensioned drawing of the face of the building within the sidewalk café. Include the following information on the elevation drawing:
   • Front view of the sidewalk café.
   • Type of sidewalk café enclosure used, such as railings, planters.
   • Height of enclosure (maximum height of three feet).
   • Description of furniture to be used in the sidewalk café.
   • Awnings, canopies or fixed umbrellas and outdoor heaters (propane or piped gas type), if proposed. Clearance to combustibles from the heater must be shown. A minimum distance of 7’-0” is required between the bottom of any umbrella or awning and the sidewalk.

Pedestrian Clear Path

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. The clear path shall be a paved sidewalk that is at least 5 feet wide. More restrictive pedestrian path widths are required as follows:

1. Sidewalk cafés within the Pacific Beach community plan area shall provide a minimum 8-foot-wide clear path along Garnet Avenue in accordance with Community Plan Appendix D.
2. Sidewalk cafés within La Jolla Planned District shall provide a minimum 8-foot-wide clear path in accordance with SDMC §159.0405(e)(2).
3. Sidewalk cafés within the Old Town community plan area shall provide a minimum 6- to 8-foot clear pedestrian path in the river and fringe areas and a 10- to 15-foot minimum clear pedestrian path in the core area in accordance with Old Town community plan public space policy #6.

The required clear path as a whole may be designed to meander from side to side to avoid obstructions but shall maintain a direct, clear visual zone past the sidewalk café of at least 3 feet in width, see Figure 3.

Accessibility

All areas within the sidewalk café where each type of functional activity occurs shall be made accessible. SDMC §141.0621(a)(1)(E) and California Building Code (CBC) §1104B.5 and §1133B.6.

Signage

A separate sign permit is required for any signs on the building frontage. A sign permit is not required for a maximum 4-square-foot sign on the umbrellas or awnings stating the name and type of establishment.

Alcoholic Beverage

All sidewalk cafés shall comply with State of California Department of Alcoholic Beverage Control license requirements, as applicable.

Inspection

Please call for the necessary inspection as follows:

• Right-of-Way Permit:  Inspections are conducted by the Development Services Department's (DSD) Telecom and Utility Division. Please email fit_dsd@sandiego.gov or call 619-446-5242 for further information and to schedule inspections.
• Building Permit: To schedule a construction inspection call 858-581-7111.

Fees

The following are the required fees for all applicable permits:

1. Right-Of-Way Permit & Agreement
   See IB-502, “Fee Schedule for Grading, Public Right-of-Way Permits & Mapping Actions.”
2. Building Permit & Agreement
   See IB-502, “Fee Schedule for Grading, Public Right-of-Way Permits & Mapping Actions.”
3. Neighborhood Use Permit
   See IB-503, “Fee/Deposit Schedules for Development & Policy Approvals/Permits.”
4. Annual Inspection Fee
   The permit for a sidewalk café includes a fee for an initial inspection. Approved sidewalk cafés will be inspected annually to ensure compliance. The sidewalk café operator will be billed for the annual inspections as they occur. The fee for an annual inspection is the rate for hourly inspection as set forth in the most recent DSD Fee Schedule.
5. Other Fees
   Separate electrical or plumbing permits and fees will be required for any new gas or electrical work associated with lighting or permanent gas heaters in the sidewalk café area. See “Fee Schedule for Mechanical, Electrical, Plumbing/Gas Permits” (IB-103).

Figure 1: Sample Sidewalk Café Site Plan

Figure 2: Standard Method of Rail Attachment

Figure 3: Pedestrian, Clear Path and Accessibility Diagram