Permanent Al Fresco Dining Applications Open For LA Eateries

Los Angeles restaurants that want to keep serving customers on sidewalks, parking lots, and streets can apply for permanent al fresco permits starting Thursday.

All of the temporary authorizations, which launched under the COVID-19 emergency order in May 2020, won’t be valid after July 31, so businesses need to apply for the permanent program if they want to keep offering al fresco dining.

What’s changing

While the temporary al fresco program didn’t have any limits on the number of parking spaces that could be converted into outdoor dining, the new law requires restaurants to provide at least one parking space.

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However, restaurants with less than 3,000 square feet of floor space, or outdoor dining areas under 1,000 square feet, are exempt from that parking requirement.

Councilmember Tim McOsker introduced the idea. At an L.A. City Council meeting on Dec. 6, McOsker said it’s important to balance the needs of people who need places to park with those of the city’s smallest restaurants.

“When we get it down to the smallest, and some of the oldest, and probably some of the most challenging restaurant spaces, they may only have one or two spaces,” he said.

Christy Vega is the owner of Casa Vega in Sherman Oaks and a board member of the L.A. Chapter of the California Restaurant Association. She told LAist the across-the-board parking requirement was inequitable and favored big businesses.

“If you're a little mom-and-pop Thai restaurant that's deep in the valley, and you have one little spot, you would be excluded from the program,” Vega said.

For her 68-year-old family-owned Mexican restaurant, Vega said she would’ve had to tear down half of the outdoor dining patio she built during the pandemic.

She said she’s proud city officials listened to those concerns, especially for the workers in the industry who haven’t had financial stability in years.

“It’s just heartwarming and such a better use of parking lots and cement than to stack cars on,” she said.

Some restaurants that serve alcohol will also now need to pay to expand that service into their outdoor dining areas.

Restaurants submitting al fresco applications for the first time under the permanent program will have to pay a roughly $400 fee.

However, it’ll be free for those who’ve already been serving alcohol if they can submit proof of their temporary al fresco authorization.

About the permanent program

The al fresco permits are broken up into three types — on-street dining revocable permit, sidewalk dining revocable permit, and private property building permit.

When the city expanded al fresco dining during the height of the pandemic, they issued guidance on where dining tables and chairs were allowed.

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Courtesy City of L.A.

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It could cost restaurants at least $2,220 to get the on-street permit if they want to dive into al fresco dining for the first time under the permanent program, and that doesn’t include the cost of an “A-Permit” if applicable.

It’s a little cheaper for those already offering al fresco under the previous program. These restaurants should expect to pay at least $1,480 for the on-street permit.

For the sidewalk permit, it’ll cost at least $720 for new restaurants, and at least $285 for those already offering al fresco.

For both the sidewalk and on-street permits, restaurants will also need to submit liability insurance and a waiver of damages.

Finally, for al fresco dining on private property such as the restaurant’s parking lot, the L.A. Department of Building and Safety will take care of the permits.

The two fees are based on the amount of construction work being proposed, if any, and the number of hours needed for review and inspection. These fees can be estimated using this calculator.

Vega said she will be applying for the permanent permit so she doesn’t fall out of compliance come August.

They won’t need to be renewed, but restaurants should expect annual reviews that will take into account any complaints from the public.

Vega said this program is an easy win for L.A., and she hopes that the leniency the city is showing now with the rollout continues in everything they do with small businesses.

“This isn't that complicated,” she said. “It's just a bunch of restaurants that want to operate in outdoor spaces. They want to do it cleanly, hygienically, safely, and 99% of restaurants want to be good neighbors.”

What if I have more questions? 

The city will be hosting monthly webinars to talk about the al fresco program and answer questions from the community.

Those are scheduled for the following Wednesdays:

• Feb. 7
• March 6
• April 3
• May 8
• June 5

The details could change, so you can check the latest information about those opportunities, and the permitting process, here.