Letter of the Law: How Pop-Up Businesses Continue Operating at Sunset Cliffs

By Jillian Butler

Citing environmental preservation, public safety, and concerns about commercialization, the City of San Diego has increased legislation and enforcement against pop-up events at Sunset Cliffs. However, some businesses are using loopholes to continue their operations in the letter, rather than the spirit of the law.

Once a sacred Kumeyaay site, Sunset Cliffs Natural Park is an area of immense beauty. The quintessential section of the San Diego coastline brings in over 1.7 million pedestrians, surfers, birdwatchers, tidepoolers, site seers, and artists per year.

In our current digital era, many people prioritize the social media share-ability of an experience as much as the experience itself. Businesses have taken note of this trend and picked up on Sunset Cliffs as the perfect place to fill a gap in the market. Using this stretch of coast between Ocean Beach and Point Loma, entrepreneurially minded individuals have capitalized off of Instagram-worthy picnics, yoga classes, concerts, and raves.

During the COVID-19 pandemic, many restaurants, nightlife venues, and fitness classes closed down. Many organizations adapted by moving gatherings outdoors. This is when the rise of pop-ups began. However, decades long codes and licensure requirements regarding gatherings were not applied to these new businesses.

Beginning in 2024, the San Diego Police Department and Park Rangers have begun to crack down on such events, citing that vendor ordinance only allows for groups of four people or less. The raves and concerts often occur at Garbage Beach– an area vulnerable to erosion, only exacerbated by large gatherings.

Yoga instructors filed a federal lawsuit with the city, who then allowed them to continue so long as the classes were free with an optional donation, rather than for profit. Commercial picnics, popular along Sunset Cliffs, have also come under this crackdown.

Under San Diego law, commercial/ for profit events consisting of four or more individuals are prohibited at Sunset Cliffs. However, businesses continually seek out loopholes. Yoga classes of 10 or more operate with impunity “for free, but based on donations”. However, these donations, sometimes with a $20 minimum are more expected than appreciated.

Luxury picnics are allowed with a permit and agreement to follow certain guidelines. Picnic Station is one of the prominent luxury picnic and proposal businesses in the area. The organization is not present at the event itself, and guests are expected to bring all food and beverages other than complimentary water, leaving it possible for guests to bring alcohol and glassware– both strictly prohibited at the beach and cliffs. Additionally, the website advertises a picnic for six, despite the limit for commercial gatherings being four people.

Enforcement remains uneven. While some operators have modified their business models to comply with the letter of city regulations, it can be argued that these arrangements often violate their intent. A yoga class advertised as donation-based may function in practice as a paid service, while luxury picnic businesses can distance themselves from activities occurring at events they organize but do not attend.

Residents have expressed mixed opinions about the crackdown. Some argue that yoga classes and picnics contribute to a sense of community and make productive use of public space. Others contend that amplified music, traffic congestion, parking shortages, and environmental degradation have transformed what was once a quiet natural area into an outdoor event venue.

As social media continues to drive demand for curated outdoor experiences, questions surrounding commercialization, enforcement, and public access at Sunset Cliffs are unlikely to disappear anytime soon.

 

Staff
Author: Staff

4 thoughts on “Letter of the Law: How Pop-Up Businesses Continue Operating at Sunset Cliffs

  1. Pardon my language but I think these pop-up businesses are crap. To me this in one of those issues in which there is no middle ground, and if a way is not found to have them stopped we’ll end up having a Farmer’s Market Wednesday on the Cliffs, complete with a low-rider’s parade. Other than that, I have no opinion.

    /s/ Chris Kennedy

  2. It should be noted that the permits available to picnic companies are very specific and there are NO PERMIT-ABLE locations in Sunset Cliffs in Point Loma. The permit-able location named Sunset Cliff south couvier is in La Jolla.

    The implied loophole of under 4 people being allowable as long as the company does not attend is actually easily disproved:

    Why the Loophole Fails:
    San Diego park rangers and police department personnel close this gap using two explicit layers of the San Diego Municipal Code:The Commercial Delivery Ban: The municipal code explicitly prohibits any commercial operation that involves delivering merchandise or rental items onto city beaches or unpermitted coastal parks. The physical act of setting up umbrellas, rugs, and tables constitutes illegal commercial storage and delivery on public property. Rangers do not need to catch the company interacting with the clients; catching them staging the gear on the grass or sand is enough to issue a citation.

    Permit Requirements for Hired Services: The City of San Diego Parks & Recreation Department Guidelines mandate that a Park Use Permit is required regardless of event size if a private party hires a company to provide equipment rental and setup. If a client is caught utilizing an unpermitted setup, the equipment can be confiscated, and both the company and the client can face steep code enforcement fines.

    Therefore the letter of law clearly reads that NO PICNIC COMPANIES CAN OPERATE IN ANY MANNER in Sunset Cliffs area in Point Loma. Weddings can be permitted with specific rules they must follow.

    I have personally documented one of the mentioned companiesmultiple times setting up and photographing their luxury picnics at Sunset Cliffs. The best response to this activity is to document, report to the park and rec dept, report on get it done app, notify the city treasurers office who issues business permits and the city attorneys office, submit a request for a investigation to Building and Land Use Enforcement.

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