Ever licked an ice cream cone outside the Haagen Dazs shop or sipped coffee under the green umbrella at Starbucks? Those tables and chairs are technically illegal under municipal codes, but Promote La Jolla Inc. is working on a program to bring businesses more into compliance ” while giving them more freedom to encroach onto the sidewalk.
Community members and the La Jolla Community Planning Association (LJCPA) clashed over the proposal called PROW ” Public Right Of Way Enhancement Program ” at the LJCPA meeting on Thursday, June 1. Promote La Jolla is sponsoring PROW.
A majority of the crowd opposed PROW, arguing that businesses would clutter sidewalks with displays and furniture. In a room vote of approximately 75 people, 39 voted against the project, with one person in favor. The trustees, however, voted 10-1-1 to approve the project with six amendments.
PROW would issue permits for businesses to set up daytime outdoor displays and furniture. Exterior displays, which are illegal citywide, could only consist of flowers and plants, food products, handcrafted goods, artwork and pottery. Directional signs listing the location of businesses would also be set up throughout the village. A-frame signs are not allowed under PROW.
PROW would give Promote La Jolla more control over businesses encroaching onto sidewalks, which the city has difficulty managing. PROW would help streamline the violations instead of relying on the city to crack down on offenders.
Neighborhood Code Compliance has essentially thrown up its hands and said it can’t control outdoor displays. For example, while the city code forbids businesses from setting up A-frame signs outside their doors, there are more than 4,000 violations citywide, according to Tiffany Sherer, executive director of Promote La Jolla. PROW is a carrot and stick to get businesses to comply, Sherer said.
Neither Starbucks nor Haagen Dazs on Prospect Street has a permit for its outdoor tables and chairs, confirmed Sheri Carr, deputy director with Neighborhood Code Compliance. Starbucks was given permission to keep its outdoor furniture, as long as it leaves a minimum of four feet of sidewalk, according to Assistant Manager Heather Bartek.
“It’s a way towards voluntary compliance,” Sherer said. “If you want to be part of the program, you have to comply with all the municipal codes.”
The bulk of the crowd fundamentally disagreed with PROW. Promote La Jolla should encourage attractive storefronts instead of allowing businesses to clutter the sidewalks, one resident argued.
PROW will only create more violators, according to La Jolla Town Council member Sherri Lightner.
“You’re trying to legitimize illegal uses,” Lightner said. “If the permit is pulled, I doubt the business will change its behavior.”
PROW also conflicts with the Planned District Ordinance and the Community Plan, which stipulate that eight feet of the sidewalk be clear, while PROW only necessitates six feet.
Sherer responded that while PROW’s six-foot limit doesn’t comply with the PDO, it does exceed the city’s four-foot clear path minimum, plus it would be difficult to bring older streets into the eight-foot compliance.
La Jolla’s Town Council called for Promote La Jolla to set up a pilot program on one block before expanding PROW to the entire village.
One block wouldn’t truly show its effect, Sherer responded, since it may not be appropriate for some businesses, while others may already have a sidewalk café permit.
Sidewalk café permits for outdoor furniture are available from the city but cost between $8,000 and $10,000, and the area must be enclosed with a metal railing, according to Sherer.
One community activist argued that the permitting process is another tax burden for businesses and that Promote La Jolla should focus on implementing a comprehensive program that works within its funding.
Promote La Jolla nets approximately $260,000 yearly from business dues and contributes approximately $600,000 back to the community with grants, according to Sherer. The nonprofit could use its funds for PROW but it would take money from other areas, member Deborah Marengo said. The organization currently uses its income for landscaping, to water hanging baskets, wash sidewalks and collect trash on weekends.
In order to participate, businesses must complete a training program, have a minimum of $1 million in insurance and paste a PROW sticker in their window.
Participants that act outside PROW rules will receive verbal warnings before losing their rights and being turned over to the city for punishment, Sherer said.
Trustees voted for the proposal with six amendments:
“¢ Trustees first review the design of the directional signs
“¢ PROW be reviewed annually by the PDO sub-committee
“¢ The 8-foot clear path minimum is maintained
“¢ One block acts as a test pilot for the 6-foot clear path minimum
“¢ Standards be created for outdoor furniture
“¢ Zone six ” the historical and cultural zone of La Jolla ” is excluded, which includes the contemporary art museum and St. James bookstore.
PROW would extend south from Marine Street and La Jolla Boulevard north to Torrey Pines Road and Prospect Place. Eleven other communities throughout San Diego are also working toward establishing PROW programs.
Tension and distrust between the community and trustees palpably increased in the room. One resident demanded a room vote for each of the major aspects of PROW. The crowd also questioned why trustee Alice Perricone remained on the board, after walking out last month when LJCPA was served a lawsuit. Perricone hadn’t officially submitted her resignation in writing and decided to remain after reviewing the lawsuit.
Deputy City Attorney Alex Sachs announced that he would attend the meetings indefinitely, but he wasn’t able to provide legal advice on Thursday since he hadn’t read the group’s bylaws.
“¢ In other news, La Jolla Sunrise Rotary has raised $100,000 to donate to Fire Station Number 13 for renovation and repairs.
LJCPA meets the first Thursday of every month at 6:30 p.m. at the La Jolla Recreation Center, 615 Prospect St. For more information, visit www.lajollacpa.org, email [email protected] or call (858) 456 7900.