La Jolla Shores Promenade Parking Replacement: AB 2097 Transit Priority Area Exemptions vs Coastal Commission Requirements

The Promenade de la Playa Project: A Regulatory Case Study

What began in July 2020 as a temporary COVID-19 relief measure has evolved into a permanent fixture that exposes the complexities of California's overlapping coastal and transit regulations. The Promenade de la Playa outdoor dining program on Avenida de la Playa in La Jolla Shores received a right-of-way permit on August 6, 2025, making permanent a street closure that creates a pedestrian walkway between El Paseo Grande and Calle de la Plata.

The project organizers—a coalition of participating restaurants and local residents—now face a critical requirement: they must provide approximately 11 replacement parking spaces to compensate for public spots lost to the dining program. They have two years from the August 2025 permit approval to complete this requirement, with an option to extend 180 days if circumstances beyond their control prevent completion.

Current Funding Status and Public-Private Partnership Model

The promenade demonstrates an innovative funding approach combining multiple sources:

Participating restaurants have contributed $100,000, including $50,000 from one unnamed establishment
Local residents have donated $150,000 through fundraising efforts
County grants have provided additional support
Total raised to date: $250,000
Estimated total needed: $500,000

This public-private partnership model offers valuable lessons for other coastal business districts considering similar streetscape improvements. The remaining $250,000 funding gap illustrates the substantial costs associated with coastal parking compliance—even for projects that would ordinarily qualify for parking exemptions under state transit law.

Proposed Replacement Parking at Kellogg Park

Organizers propose creating replacement spaces at Kellogg Park on the west side of Camino del Oro by reducing the width of a sandy berm that divides the parking lot. Several parking improvement options have been evaluated:

Converting parallel parking to diagonal parking along Camino del Oro (increasing from 19 to 24 spaces)
Reducing the sandy berm width in the Kellogg Park lot
Removing a green strip on the south end of Kellogg Park between the lot entrance and Vallecitos

An earlier plan proposing 24 spaces at Kellogg Park received narrow approval from the La Jolla Shores Association in August 2024. Phil Wise, who spearheaded the project, stated: "We're juggling all these balls, and we're not in control of them. We're just in control of our own stuff."

AB 2097: California's Transit Priority Area Parking Exemption Law

Governor Gavin Newsom signed Assembly Bill 2097 on September 22, 2022, fundamentally changing parking requirements for development projects near transit. The law took effect January 1, 2023, and prohibits public agencies from imposing or enforcing minimum parking requirements on residential, commercial, or other development projects located within one-half mile of "public transit."

What Qualifies as a Transit Priority Area?

Under AB 2097, a Transit Priority Area (TPA) is defined as an area within one-half mile of a major transit stop, which includes:

Rail Transit Stations: Any existing rail transit station
Ferry Terminals: Ferry terminals served by either bus or rail transit service
High-Frequency Bus Routes: The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during morning and afternoon peak commute periods

La Jolla Shores qualifies as a Transit Priority Area under this state definition, which theoretically would exempt the Promenade de la Playa from parking replacement requirements. However, this is where the regulatory conflict emerges.

Limited Exceptions to AB 2097

AB 2097 allows local governments to impose parking minimums only if they can make specific written findings that not imposing parking requirements would have a "substantially negative impact" on:

The local government's ability to meet its share of regional housing need for low- and very low-income households
The local government's ability to meet special housing needs for the elderly or persons with disabilities
Existing residential or commercial parking within one-half mile of the development project

Importantly, AB 2097 does not automatically override California Coastal Commission jurisdiction—a critical distinction that many developers overlook.

California Coastal Commission 2023 Parking Replacement Regulations

In August 2023, the California Coastal Commission approved parking replacement requirements for the city of San Diego's "Spaces as Places" regulations. These requirements mandate that businesses in the coastal zone replace public parking occupied by outdoor dining facilities.

The Beach Impact Area Definition

The Coastal Commission established a "beach impact area"—a narrow strip of San Diego's coastline that:

Begins at the north end of Torrey Pines State Natural Reserve in La Jolla
Runs approximately 15 miles south to Sunset Cliffs Natural Park in Point Loma
Extends inland about a quarter-mile for most areas (though exceeding a quarter-mile in some locations)

Within this beach impact area, 1:1 parking replacement is required for any parking spaces occupied by streeteries, active sidewalks, or outdoor dining on private property. The Promenade de la Playa falls squarely within this zone.

Coastal Act Section 30252: The Legal Foundation

The Coastal Commission's parking replacement requirements are grounded in Section 30252 of the California Coastal Act, which mandates that new development maintain and enhance public access to the coast by providing adequate parking or alternative transportation means.

Section 30252 requires that development:

Facilitate the provision or extension of transit service
Provide commercial facilities that minimize use of coastal access roads
Provide non-automobile circulation within the development
Provide adequate parking facilities or substitute means of serving the development with public transportation
Assure the potential for public transit for high-intensity uses

The rationale is straightforward: when development does not provide adequate on-site parking and there are inadequate alternative transportation means, users occupy public parking that could otherwise serve coastal visitors. This lack of public parking discourages beach access—directly conflicting with the Coastal Act's core mission.

Enforcement and Penalties

The Development Services Department's Building and Land Use Enforcement Division issues penalties for non-compliance:

Administrative Citations: Range from a warning to $1,000 for easily correctable violations
Civil Penalty Notices: For violations with significant impact on coastal access

The Regulatory Conflict: State Transit Policy vs Coastal Protection

The Promenade de la Playa sits at the intersection of two competing regulatory frameworks:

AB 2097 (State Transit Law)	Coastal Commission Regulations
Eliminates parking minimums in TPAs	Requires 1:1 parking replacement in beach impact areas
Applies statewide as of January 1, 2023	Applies in coastal zone regardless of TPA status
Goal: Reduce car dependency near transit	Goal: Protect coastal access parking
State jurisdiction	Coastal Commission jurisdiction (supersedes state law)
Requires no replacement parking	Requires replacement parking before project approval

Why Doesn't AB 2097 Apply Automatically in Coastal Zones?

The answer lies in California's unique coastal governance structure. The California Coastal Commission operates under the California Coastal Act, which predates AB 2097 and establishes independent regulatory authority over coastal development. For AB 2097's parking exemptions to take effect in coastal zones, cities must:

Draft a Land Development Code (LDC) amendment implementing AB 2097
Submit the amendment to the California Coastal Commission for review
Complete a public hearing and certification process (typically 6-12 months)
Receive Coastal Commission certification that the amendment is consistent with the Coastal Act

Only after certification does the AB 2097 exemption apply in the coastal zone. Until then, Coastal Commission parking requirements prevail—even in Transit Priority Areas.

San Diego's Proposed Land Development Code Amendment

San Diego is currently working through this exact process. The proposed Land Development Code amendment would clarify that parking replacement requirements for streeteries and promenades in beach impact areas apply only outside Transit Priority Areas.

Planning Commission and Council Timeline

On January 27, 2026, the Community Planners Committee voted to approve subcommittee recommendations regarding the amendment. The code update will proceed through:

Q1 2026: City Planning Commission review
Q1 2026: City Council's Land Use & Housing Committee review
Q2 2026: Full Council vote
2026-2027: Coastal Commission certification process

Lisa Kriedeman, representing the La Jolla Community Planning Association, supported the measure despite concerns, noting: "it's a state law." However, city deputy director Seth Litchney cautioned: "Since property owners would need to submit applications to implement promenades and streeteries, it is speculative to guess how this change could be used in the future."

Impact on Current and Future Projects

The amendment creates a transitional dilemma for the Promenade de la Playa. As Phil Wise explained: "We're going to split the two, and we will wait and see about the parking until we know about the parking." The project can, at the risk of its two-year right-of-way permit window expiring, wait for a decision on the code amendment.

According to Litchney, once the amendment is certified: "A development using the streeteries, active sidewalks or outdoor dining regulations in the transit priority area is not anticipated to be required to provide replacement parking."

However, this exemption won't apply to existing projects that received permits before certification—creating uncertainty about whether the Promenade can benefit.

Local Coastal Program Amendment Process: Timeline and Requirements

Understanding the Local Coastal Program (LCP) amendment process is essential for any developer working in California's coastal zones.

Step-by-Step Certification Process

Local Initiation: City or county drafts LCP amendment (1-3 months)
Local Approval: Planning commission and city council approval (2-4 months)
Submittal to Coastal Commission: Complete application package submitted
Completeness Review: Commission staff reviews for completeness (30 days)
Staff Analysis: Detailed review for Coastal Act consistency (60-90 days)
Public Hearing: Commission schedules hearing within 90 days of complete application
Certification Decision: Commission votes to certify, certify with modifications, or reject
Effective Date: Amendment becomes effective upon certification

Total Timeline Expectations

For most LCP amendments implementing state housing or transit laws:

Minimum: 6 months (expedited, non-controversial)
Typical: 9-12 months (standard review)
Complex: 12-18 months (if modifications required or appeals filed)

The AB 2097 parking amendment involves balancing transit policy with coastal access protection—likely placing it in the "typical" to "complex" category.

What This Means for Pacific Beach and La Jolla Developers

The Promenade de la Playa case offers critical lessons for any developer, property owner, or business operator planning coastal projects in Pacific Beach, La Jolla, or other San Diego beach communities.

Key Takeaways for Coastal Development Projects

Project Type	TPA Status Alone	Coastal Zone Reality
Outdoor dining expansion	No parking required (AB 2097)	1:1 replacement required until LCP certified
Mixed-use development	No minimum parking (AB 2097)	Coastal Development Permit may require parking
Restaurant patio using public spaces	No parking minimums	Replacement parking required in beach impact area
Street vacation/closure	No specific requirements	Full parking impact analysis required

Practical Compliance Strategy

For developers navigating these dual regulatory frameworks:

Early Coordination: Engage both City Planning and Coastal Commission staff during project conception—not after design is complete
Dual Application Strategy: Prepare for both city permits and Coastal Development Permits simultaneously
Parking Analysis: Even in TPAs, conduct parking impact analysis for coastal projects
Replacement Options: Identify potential replacement parking locations early in the process
Timeline Buffers: Add 6-12 months to project timelines for coastal permitting
Monitor LCP Amendments: Track San Diego's AB 2097 LCP amendment progress—certification could change requirements mid-project

Geographic Areas of Highest Impact

Within Pacific Beach and La Jolla, these regulations have the greatest impact in:

Mission Boulevard Corridor: High-frequency transit routes create TPA status, but coastal zone designation requires replacement parking
Garnet Avenue: Transit-rich commercial district within coastal zone
La Jolla Boulevard: Coastal access route with limited parking supply
Prospect Street/Girard Avenue: La Jolla village commercial core with beach proximity
Crystal Pier Area: Beach impact area with high visitor demand

Funding Mechanisms for Parking Replacement Projects

The Promenade's $500,000 total cost demonstrates that parking replacement is a significant expense. Developers and business owners have several funding mechanism options:

1. Direct Developer Funding

Most common for private development projects. Off-site parking improvements become a condition of approval, with costs incorporated into project budgets.

2. Public-Private Partnerships (Promenade Model)

Restaurant or business contributions
Community fundraising campaigns
Municipal grants (county, state, or federal)
Business Improvement District assessments

3. In-Lieu Fees

Some coastal jurisdictions allow payment of in-lieu fees instead of providing physical parking spaces. Fees fund public parking facilities or coastal access improvements. However, AB 2097 may limit in-lieu fee programs in TPAs.

4. Assessment Districts

Property-based special assessments can fund shared parking facilities serving multiple businesses or developments.

5. Grant Opportunities

Coastal Conservancy grants for coastal access improvements
Active Transportation Program funds (if parking supports bike/ped access)
Community Development Block Grants
Tourism improvement district revenues

Cost Considerations

Based on the Promenade project and typical San Diego coastal construction costs:

Parking space creation: $25,000-$45,000 per space (surface lot conversion)
Structured parking: $50,000-$75,000+ per space
Design and engineering: 15-20% of construction costs
Coastal Development Permit fees: $5,000-$15,000+
Environmental review (if required): $10,000-$50,000

For an 11-space requirement like the Promenade, total costs of $400,000-$600,000 are realistic—consistent with the project's $500,000 estimate.

Case Study Applications: When Do These Rules Apply?

Scenario 1: Outdoor Dining Expansion on Public Street

Project: Pacific Beach restaurant wants to extend dining area into three on-street parking spaces on Mission Boulevard.

Analysis:

Location qualifies as TPA (high-frequency bus routes)
Within coastal zone and beach impact area
Current requirement: Provide 3 replacement spaces
Post-LCP certification: Potentially exempt from replacement
Recommendation: Identify replacement parking location or wait for LCP certification

Scenario 2: Mixed-Use Development Near Transit

Project: 20-unit residential building with ground-floor retail, half-mile from Old Town Transit Center, within coastal zone.

Analysis:

AB 2097 eliminates minimum parking requirements
Coastal Development Permit still required
Coastal Commission may require parking to serve coastal visitors/retail
Residential parking may be exempt, commercial parking may be required
Recommendation: Pre-application meeting with Coastal Commission staff to clarify expectations

Scenario 3: Restaurant Patio Using Private Parking Lot

Project: La Jolla restaurant converts four private parking spaces to outdoor seating.

Analysis:

Private property (not public right-of-way)
May not trigger beach impact area replacement requirement
Still subject to Coastal Development Permit if in coastal zone
Commission may require parking assessment for coastal access impacts
Recommendation: Verify whether private lot conversion triggers replacement requirements

Scenario 4: Street Vacation for Public Plaza

Project: Bird Rock business district proposes vacating portion of La Jolla Boulevard for pedestrian plaza, removing 12 spaces.

Analysis:

Public street vacation requires City Council approval
Within coastal zone requires Coastal Commission approval
12-space replacement required under current regulations
High public benefit may justify Commission flexibility
Recommendation: Comprehensive parking study showing net coastal access benefit; identify replacement options

Looking Ahead: AB 1740 and Future Coastal Zone Reforms

In February 2026, California Assemblymember Rick Chavez Zbur introduced AB 1740, legislation that would allow certain coastal cities to bypass Coastal Commission approval for a wide range of housing and transportation projects.

AB 1740 would specifically allow changes to roadways, including removal or relocation of on-street parking to make space for bicycle infrastructure, without full Coastal Commission review. If enacted, this could further shift the balance between transit-oriented development and traditional coastal parking requirements.

For Pacific Beach and La Jolla developers, this evolving regulatory landscape means:

Greater flexibility for transit-oriented projects may be coming
But changes won't be immediate—implementation takes time
Current projects must comply with existing regulations
Proactive engagement with both city and coastal regulators remains essential

Frequently Asked Questions

Does Transit Priority Area status eliminate parking requirements for coastal projects?

No. While AB 2097 eliminates minimum parking requirements in Transit Priority Areas statewide, the California Coastal Commission retains independent authority over coastal development. Until San Diego's Land Development Code amendment implementing AB 2097 is certified by the Coastal Commission, parking replacement requirements remain in effect within the beach impact area—even for projects in TPAs.

What is the beach impact area, and does it cover Pacific Beach?

Yes. The beach impact area is a narrow coastal strip running approximately 15 miles from Torrey Pines State Natural Reserve in La Jolla south to Sunset Cliffs Natural Park in Point Loma, extending inland about a quarter-mile. This includes all of Pacific Beach, Mission Beach, La Jolla Shores, and most of La Jolla's coastal neighborhoods. Within this zone, 1:1 parking replacement is required for any public parking removed by outdoor dining, streeteries, or similar uses.

How long does the Local Coastal Program amendment process take?

Typically 9-12 months from local approval to Coastal Commission certification. The process includes local planning commission and city council approval (2-4 months), submittal to the Coastal Commission, staff review (60-90 days), and a public hearing. Complex amendments involving parking policy may take 12-18 months if modifications are required. San Diego's AB 2097 amendment is expected to reach City Council in Q2 2026, with Coastal Commission certification potentially in late 2026 or 2027.

Can I wait to provide replacement parking until after the LCP amendment is certified?

Risky strategy. The Promenade de la Playa faces this exact dilemma—waiting for the LCP amendment certification could mean the two-year right-of-way permit expires before resolution. Most projects should plan to comply with current regulations rather than speculating on future rule changes. If your project timeline permits waiting and you have flexibility in your permit deadlines, consult with City Planning and Coastal Commission staff about whether deferring replacement parking is feasible.

What are my options for providing replacement parking?

Several options exist: (1) Create new spaces on adjacent property you control, (2) Enter shared parking agreements with nearby property owners, (3) Fund improvements to existing public lots (like the Kellogg Park model), (4) Convert parallel street parking to diagonal parking to increase capacity, (5) Pay in-lieu fees if your jurisdiction allows them (though AB 2097 may limit this option in TPAs). The key is identifying viable replacement locations early and coordinating with city and Coastal Commission staff on acceptable solutions.

How much does replacement parking typically cost in coastal San Diego?

Surface parking space creation costs $25,000-$45,000 per space, including land acquisition or lease, engineering, grading, paving, striping, lighting, and drainage. Structured parking costs $50,000-$75,000+ per space. Add 15-20% for design and engineering, plus $5,000-$15,000+ for Coastal Development Permit fees. The Promenade de la Playa's 11-space requirement carries an estimated $500,000 total cost—approximately $45,000 per space—which is realistic for coastal zone projects requiring land improvements and permitting.

Do I need both a city permit and a Coastal Development Permit?

Yes, for most projects in the coastal zone. The city issues building permits, right-of-way permits, and discretionary approvals under the Land Development Code. The Coastal Commission (or city acting with delegated authority) issues Coastal Development Permits ensuring compliance with the Coastal Act. Some routine projects have categorical exemptions, but any project removing public parking, altering street configuration, or significantly impacting coastal access typically requires both city and coastal permits.

What happens if I don't provide required replacement parking?

The Development Services Department's Building and Land Use Enforcement Division can issue administrative citations ranging from a warning to $1,000 for easily correctable violations, and civil penalty notices for violations with significant impact. More critically, failure to meet parking conditions can result in permit revocation, stop-work orders, and inability to obtain final inspections or certificates of occupancy. For outdoor dining permits like the Promenade's, non-compliance could mean removal of the streetery and restoration of the original street configuration.

Will AB 1740 change these requirements?

Potentially, but not immediately. AB 1740, introduced in February 2026, would allow certain coastal cities to bypass Coastal Commission approval for some housing and transportation projects, including roadway changes that remove on-street parking for bicycle infrastructure. If enacted, this could streamline transit-oriented projects in coastal zones. However, the bill must pass the legislature, be signed by the Governor, and then cities must adopt implementing ordinances. Even if AB 1740 becomes law in 2026, practical implementation for Pacific Beach and La Jolla projects wouldn't occur until 2027-2028 at earliest.

Should I hire a coastal development consultant for my project?

Strongly recommended for any project in the coastal zone that involves parking changes, street modifications, or outdoor dining expansions. Coastal permitting involves complex interplay between city regulations, Coastal Act requirements, and evolving state housing/transit laws. A consultant familiar with San Diego's Local Coastal Program and Coastal Commission procedures can save months of delays and thousands of dollars in permit revisions. For projects in Transit Priority Areas within the coastal zone, expertise in navigating the AB 2097 vs. Coastal Commission conflict is particularly valuable.

Conclusion: Navigating Dual Regulatory Frameworks

The Promenade de la Playa case demonstrates that Transit Priority Area status under AB 2097 is not a silver bullet for eliminating parking requirements in California's coastal zones. The California Coastal Commission's independent authority to protect coastal access means that developers, property owners, and business operators must navigate dual regulatory frameworks that don't always align.

For Pacific Beach and La Jolla projects, the key takeaways are clear:

Transit Priority Area status alone doesn't exempt coastal projects from parking replacement
Current regulations require 1:1 parking replacement in the beach impact area
San Diego's LCP amendment may change these rules, but certification is 9-12+ months away
Replacement parking can cost $25,000-$45,000+ per space
Early coordination with both city and Coastal Commission staff is essential
Plan for extended timelines and higher costs for coastal zone projects

As the regulatory landscape continues to evolve—with AB 2097 implementation, potential AB 1740 passage, and ongoing Local Coastal Program updates—the builders and developers who succeed will be those who understand both the letter and the spirit of these overlapping laws. Coastal access protection and transit-oriented development are both valid policy goals; the challenge is finding solutions that serve both.