The prospect of making public spaces used by private establishments for outdoor dining during COVID permanent has come under fire from some La Jollans who contend such places should remain public spaces.

The City has been accepting applications, since Jan. 6 of this year, for local eating and drinking establishments in La Jolla and elsewhere in the City to be able to submit applications to receive a two-year permit to expand their operations outdoors into the public right-of-way under the first-of-its-kind Spaces as Places program.

Unanimously approved by the City Council in October 2021, the new program provides creative ways for people to enjoy outdoor activities such as dining, walking, and biking. Spaces as Places permits will allow eating and drinking establishments to pay for the exclusive use of outdoor spaces in the public right-of-way, including sidewalks, and parking spaces.

Spaces for Places supports the City’s climate goals by helping create wider sidewalks with promenades and curb extensions, providing safe spaces for walking or rolling, and for people on bicycles.

“Spaces as Places is an innovative program that creatively transforms our public right-of-way while expanding economic opportunities,” said Mayor Todd Gloria. “In addition to creating promenades, widening sidewalks, and building new parklets, it also provides financial assistance to businesses in historically under-served communities to ensure that the economic and civic benefits of outdoor dining will be enjoyed across all our communities. I’m looking forward to this program creating more dynamic public places throughout San Diego.”

Vicky Joes, chief of staff for District 1 Councilmember Joe LaCava representing La Jolla, said he is in favor of the new program.

“Spaces For Places has already wound its way through city committees, the City Council, and numerous public comment iterations,” said Joes, adding, “The council member did vote for it.”

But, added Joes, “It is not a ‘thing’ until we can get it heard by the California Coastal Commission, which we are hoping will happen in November.”

“This doesn’t seem like anything new,” noted Jodi Rudick, executive director of La Jolla Village Merchants Association. “Spaces as Places was announced months ago. I think about nine restaurants in the Village have applied. There might be more now.”

But some La Jolla business owners and residents believe Spaces as Places is as much an infringement on citizens’ rights, as it is a misappropriation of public space.

“Hell no,” answered Sally Miller, a longtime La Jolla resident, when asked if she supported the new outdoor dining program. “I feel it is a greedy grab of the taxpayer’s public spaces, especially along Wall Street … and the loss to the public of all these very valuable parking spots. I also don’t like the  loss of our sidewalk spaces.”

Added Miller: “I can’t imagine how the non [restaurant] businesses feel about the loss of parking and sidewalk spaces for their customers. I was just in Carmel-by-the-Sea and they have removed all of the dining in their very valuable parking spaces. And their sidewalks are clear also.”

La Jolla art gallery owner Keith N. Kelman agreed with Miller’s perspective.

“I am unequivocally against the wholesale gifting of our street-parking spaces to restaurants,” said Kelman, who noted he’s spent many years on various boards and committees in La Jolla for the purpose of “protecting and improving our downtown parking. I am saddened that anyone would even entertain giving away our valuable parking spaces to private businesses. The temporary access to expand outdoor seating into the streets because of the COVID risks and restrictions was an excellent idea. But to expand this to a permanent situation is extremely ill-advised.”

Continued Kelman: “The City of Carmel-by-the Sea just went through a similar process and ended up revoking all on-street business parklets. They concluded that allowing a permanent or semi-permanent takeover of their streets by private businesses would degrade their downtown area and their way of life, and have removed all of them. I hope (the City) will conclude the same and help protect La Jolla.”

SPACES AS PLACES

All eating and drinking establishments seeking to conduct business within public space will need to apply for a new Spaces as Places permit. Outdoor eating and drinking establishments with business tax certificates and all applicable insurances, permits and licenses may apply for a renewable two-year Spaces as Places permit in the following categories:

• Streetaries: Outdoor spaces created in street space formerly dedicated to parking spaces that serves as an extension of establishment that sells food and drinks.
• Active Sidewalks: The permanent extension of the curb into the parking lane to facilitate a variety of uses and activities, to create inviting places for people of all abilities.
• Sidewalk Cafes: Outdoor dining space within the sidewalk area of the public right of way associated with adjacent eating and drinking establishments.
• Promenades: The partial or complete street closure to vehicular traffic facilitating active transportation uses such as walking, rolling, biking, recreation, outdoor dining and enjoyable public interaction.
• Outdoor Dining within Private Property: This option would replace existing off-street parking while also providing necessary locational and design requirements.

Spaces as Places permit fees are calculated depending on the location, complexity and size of the project. In addition, based on the business location and the Climate Equity Index, applicants will also be assessed an Exclusive Use fee between $10 and $30 per square foot to cover the administration and enforcement costs of the program. After covering these costs, at least 50% of the funding collected through fees will be dedicated to public right of way, bicycle and pedestrian improvements in traditionally underserved communities citywide. For more information about established regulations and to view the design manual, applicants may visit sandiego.gov/spaces-as-places.