On Aug. 10, the California Coastal Commission approved the Spaces as Places regulations, allowing the City of San Diego to start issuing Spaces as Places permits in the Coastal Zone.
Spaces as Places is the City’s program to replace the Temporary Outdoor Dining program that was established during COVID-19. The program allows businesses to permit more permanent outdoor dining installations and other community gathering spaces within areas of the public right-of-way and on private property.
But the new outdoor dining regulations come with a caveat: Businesses within the Coastal Zone’s Beach Parking Impact Area are now required to replace any parking spaces that are removed or occupied by their Spaces as Places dining area.
The established regulations and the Spaces as Places Information Bulletin offer a menu of options for applicants to permit creative outdoor areas for dining, walking, biking, public art, education, entertainment, and other activities. Enforcement of the new Spaces as Places regulations will begin after Sept. 11.
San Diego Community Newspaper Group held a Q&A with Perette Godwin, the City’s communications program coordinator, to discuss what the new Spaces as Places regulations mean, and how they will be rolled out.
SDCNG: Is the new outdoor dining option and parking replacement requirement a mandatory condition now for coastal businesses?
CITY: It is not a choice of permit types. Temporary Outdoor permits are an expired permit type. A business interested in a Spaces as Places permit can apply. An establishment that obtained a Temporary Outdoor Business Operations permit under the COVID emergency may keep operating as is, while an application for a permit under the newly authorized Spaces as Places regulations is in process. Those with a TOBO permit will receive an email giving them 30 days to apply for Spaces as Places or to remove all encroachments.
SDCNG: Are the Spaces as Places permits a one-time-only thing, or will it need to be renewed annually or periodically?
CITY: Renewed in two years. Right of Way Permits for streetaries in street parking spaces are valid for two years and can be renewed for another two years.
SDCNG: The City will issue a ministerial Coastal Development Permit for locations in the Coastal Zone. How will this be done? Will businesses affected get this outright, or will they need to apply for it?
CITY: Businesses that are located generally between the ocean and the first public roadway will need to apply for a separate ministerial Coastal Development Permit. This Process 1 (staff level decision) Coastal Development Permit will be processed in the same manner as a new building in the Coastal Zone and will be relatively seamless. The same project application for the Spaces as Places Permit will be used for the Coastal Development Permit. Businesses will not need to take any additional steps for the Coastal Development permit application, except to identify replacement parking.
SDCNG: How will coastal businesses know if they are in violation of the new vehicular parking replacement requirement? How will that be enforced?
CITY: The business should first identify if it is in the Coastal or Beach Impact Zone by reviewing the map on the website, or making an appointment with the City to ascertain this boundary. Businesses that must provide replacement parking spaces will be required to show the new spaces on the plans that are submitted for review as a part of the Spaces as Places application.
SDCNG: How will enforcement of outdoor dining permits in the Coastal Zone be done? SDPD? City Code enforcement?
CITY: The City will respond to complaints as well as take a proactive approach to ensure the regulations are being enforced and that replacement parking has been provided where required. The City has the list of TOBOs still in operation while processing their Spaces as Places application. Penalties for non-compliance with the City of San Diego’s regulations will be issued in accordance with the San Diego Municipal Code Chapter 1 by the Development Services Department’s Building and Land Use Enforcement Division.
SDCNG: Will a coastal business with outdoor parking be required to submit to a check by city officials to ensure they have outdoor dining in the public right-of-way and if they have met the vehicular parking replacement requirement? If so, who will perform that inspection of outdoor dining?
CITY: After issuance of a permit the City will inspect to ensure that the work occurred in accordance with the approved plans.
SDCNG: Any idea what areas of town will be enforced first? Will they start at the ocean and work outwards?
CITY: There are approximately 30 TOBOs in the Coastal or Beach Impact Zones that were notified on Aug. 21 to either apply for an SAP permit or remove the private encroachments entirely.
SDCNG: How will enforcement proceed? A notice of violation, then a target date to rectify before a citation is issued?
CITY: For easily correctable violations, an Administrative Citation may be issued. These citations’ penalties range from a warning to $1,000. For violations that have a significant impact or may need permits to achieve compliance, a Civil Penalty Notice and Order would typically be issued. These orders’ penalties are assessed on a daily basis and only collected in a hearing if the property remains in violation.
SDCNG: What kind of penalties will there be for non-compliance? Can citations be appealeD?
CITY: These citations’ penalties range from a warning to $1,000. All monetary citations are appealable, a citizen has 10 calendar days from the citation issue date to request an appeal.
SDCNG: Do you have a map you can share with us that shows where exactly the Coastal Zone and the Coastal Zone’s Beach Impact Area actually are?
CITY: The Beach Impact Area begins at the northern end of Torrey Pines State Reserve and runs about 15 miles south to Sunset Cliffs Natural Park. Along the coast, it goes inland approximately a quarter of a mile for most areas of the zone. In Torrey Pines and Ocean Beach, it extends a little farther. It includes Mission Beach, Mission Bay, a few blocks near Kellogg Beach, and a small area near Shelter Island. The Beach Impact Area does exceed a quarter mile in some places.
Para más información visite sandiego.gov/development-services/permits/spaces-as-places.
