Update on Temporary Outdoor Activation Due to COVID-19

During the COVID-19 pandemic the city allowed for the temporary use of private parking or common space and public sidewalks for outdoor dining, expanded retail space, and other business operations. No-cost temporary permits were created for businesses to expand into the following types of outdoor areas temporarily:

• Private property, including off-street parking lots, with the property owner's consent
• Public right-of-way, including sidewalks and street parking spaces (Village area only)

These temporary permits for the right-of-way expired on February 28, 2023, when Governor Newsom announced that the COVID-19 State of Emergency had officially ended. The State of California extended these permits for private property areas until January 2024. 

Businesses that took advantage of this temporary opportunity and expanded into the public right-of-way will need to modify or remove their outdoor activation within 90 days after the termination of the emergency orders (May 31, 2023). Modifying the temporary outdoor activation would include taking the necessary steps to make these spaces permanent under the current Carlsbad Municipal Code (CMC). Additionally, removing these outdoor activations requires that the space be restored to previous conditions.

Assembly Bill 61, approved in 2021, required local governments to reduce the number of parking spaces they would otherwise require providing relief for outdoor activation until January 2024. This means that any outdoor activation in a private property parking lot can remain until the end of this calendar year.

For outdoor activation on private parking lots, city staff will send letters to those businesses later this year alerting them to the January 2024 expiration date for removing outdoor improvements. There is no need to respond for those that have already restored outdoor areas. However, others still using outdoor space should plan accordingly.   

Currently, no additional outdoor activation permits related to COVID-19 are available. However, businesses wishing to expand outdoors may be able to do so if the expansion meets land development standards and the CMC. To explore expansion ideas, please get in touch with the Planning Division.