COVID-19 RESPONSE:

Temporary Outdoor Expansion Program

On Tuesday, August 24, Economic Development updated the City Council on the temporary outdoor dining program and recommended that the City Council approve an additional year extension to the temporary program for all participating businesses.

Specifically, the City Council approved the following main recommendations:

The City Council unanimously voted to proceed with the following next steps:

1. Directed staff to bring back on or before the second meeting in October a revised temporary outdoor expansion program emergency ordinance that extends the temporary period for outdoor seating in public and private spaces, currently set to expire at the end of this December through December 31, 2022.

2. Directed staff to work with businesses operating these spaces to make any necessary changes needed to address maintenance issues and help aid transition to permanent programs prior to the emergency ordinance expiration.

Our recommendation to extend the temporary program for an additional year is intended to allow all businesses, whether their outdoor expansion areas are public or private, to continue permitted operations while they pursue the permanent option over the year ahead.

You can watch the full presentation and City Council approved recommendations regarding the outdoor dining program (item #29) here.

Path to Permanence for Private Property

Action Required for Existing Temporary Permits on Private Property: Complete the Private Property Outdoor Dining Information Form (please submit by October 1, 2021)

For many businesses currently operating in private outdoor expansion areas, this may be a straightforward process that can be navigated well within the current temporary expansion window. The City already has a permit program in place for private property outdoor dining: the administrative use permit and building permit process. That process is permitted through our Planning Department (not Economic Development). It is available now, and we are offering to assist interested businesses in navigating that option. We do not currently have a similar process for the public parklet spaces for permanent outdoor expansion - that is what we will be working on this fall and early 2022.

Please complete the form above to indicate whether or not you want to extend your temporary permit and if you want to pursue permanent approval. Once we have this information, we will work with the Planning Department to review your current operations and set up a site visit to discuss the path for permanence for your business. If you have multiple businesses operating outdoor dining, please complete the form for each business individually.

Path to Permanence for Public Spaces:

Action Required for Existing Temporary Permits on Private Property: Complete the Public Property Outdoor Dining Information Form (Please submit by October 1, 2021)

The City will be working this fall and into early 2022 to make changes to the permanent parklet program that began as a pilot program in 2015 to streamline the process and update the design guidelines, ordinance, and fee structure. Once the new program is developed, the City will work individually with businesses to help them through the permit process.

Over the next couple of months, we will be making updates to our temporary program guidelines. We will work with individual businesses to address any corrections needed to meet the requirements of the revised guidelines. Due to the emergency nature of this program, we have been adapting to changing circumstances and implementing generous guidelines for operations to ensure flexibility. However, we have noticed some safety and maintenance issues that need to be addressed as we extend the program. Those changes will be required as part of the extension process this fall.

Please complete the form above to indicate whether or not you want to extend your temporary permit and if you want to pursue permanent approval. Once we have this information we will work with Parks and Recreation, Public Works, and the Fire Department to review your current operations under the revised guidelines and will set up a site visit to discuss any changes under the temporary program guidelines and the path for permanence for your business. If you have multiple businesses operating outdoor dining please complete the form for each business individually.

Application Materials

Program Guidelines for Restaurants and Retail (Updated 11/24/20)

Interested businesses must read the program guidelines before you beginning an application.

ABC COVID-19 Temporary Catering Authorization Application

Restaurants serving alcohol must also receive approval from ABC to expand their licensed area.

Guidelines for Heaters & Tents (Updated 12/3/20)

Guidelines for the use of tents and canopies and approved heaters in outdoor expansions.

Temporary COVID-19 Outdoor Use Permit (Updated 8/3/2020)

Please sign the Permit form and attach it to your application.

Program Guidelines for Personal Services and Fitness Establishments (Updated 11/24/20)

Interested businesses must read the program guidelines before you beginning an application.

The City of Santa Cruz Temporary Outdoor Expansion Area Program provides an opportunity for restaurants, retailers, hair salons, barbershops, expanded personal services, and fitness facilities to safely reopen by utilizing new or additional outdoor space for their operations, while meeting physical social distancing requirements. The program allows for the following expanded areas:

  • Expansion of retail and restaurant activity on sidewalks where 8ft of clearance is maintained next to the expansion area;
  • Expansion of retail and restaurant activity into private parking lots and setback areas;
  • Expansion of retail and restaurant activity into adjacent on-street parking spaces where appropriate;
  • Street Closures and traffic modifications that allow for the expansion of retail and restaurant activity into public right-of-way where appropriate;
  • Expansion of retail and restaurant activity into alleyways (Frazier Lewis Lane, Plaza Lane, Pearl Alley).
  • Expanded personal services provided outdoors
  • Hair Salon and Barbershop Services provided Outdoors
  • Gyms and Fitness Center Outdoor Operations
  • Waiting/Queue Areas

If you are interested in utilizing a temporary expansion area you must first apply for a no-cost Temporary COVID-19 Outdoor Use Permit from the Economic Development Department before you may begin operating an expanded outdoor space. All applicants must agree to indemnify the City and provide a certificate of insurance for the expanded activity.

Questions about the program can be directed to Nathan Kieu: [email protected].

Parks & Recreation Outdoor Fitness Space Rental

The Economic Development Office is also excited to announce that the Parks and Recreation Department has offered business owners an opportunity to use their locations in Park's network to host outdoor fitness classes/specialty classes for a fee. See the link below for further details.

Parks and Recreation Outdoor Fitness Classes Space Rental Application

Application Checklist:

  • Submit an online application here.
    • Upload the following documentation through the online application:
      • Proof of insurance meeting the requirements below.
      • Temporary COVID-19 Outdoor Use Permit signed by business owner. Property owner signature also required if expansion area is on private property.
      • Proof of ABC authorization of expansion area if serving alcohol.
      • Site plan showing the expansion area's location and dimensions

To help you prepare to submit an application please collect the following information and approvals based on the type of expansion you are planning:

Insurance:

All applicants are required to provide a certificate of insurance. Contact your insurance company to ensure you have the following coverage and request the City of Santa Cruz be added as an additional insured:

  • Commercial General Liability insurance policy of $1 Million per occurrence including products and completed operations, property damage, bodily injury, personal and advertising injury. If a general aggregate limit applies, the general aggregate limit shall be twice the required occurrence limit. Such insurance shall be endorsed to name the City, its officers, officials, employees, agents, and volunteers as additional insureds, and to provide City with prior written notice of cancellation. Such insurance coverage shall be endorsed to be primary coverage as respects City. Any insurance or self-insurance maintained by City shall be excess of the Permittee’s insurance and shall not contribute with it. If Permittee maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by permittee.
  • Permittee shall also maintain a Workers' Compensation policy as required by the State of California with Statutory Limits, and Employer's Liability Insurance with a policy limit of not less than $1,000,000 per accident for bodily injury or disease. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Cruz.
  • The address for the City of Santa Cruz on the certificate should be: 337 Locust Street, Santa Cruz, CA 95060.

Outdoor expansion on the sidewalk, an approved alleyway, or in on street parking:

  • Determine if you have 8 feet of clearance on the sidewalk beyond your expansion area to be able to operate on the sidewalk.
  • Develop a description of the activities you will be conducting in your expansion area and identify the furniture, barriers, trash receptacles and other amenities you will use in the space.

Outdoor expansion on private parking or setback areas:

  • Develop a description of the activities you will be conducting in your expansion area and identify the furniture, barriers, trash receptacles and other amenities you will use in the space.
  • Receive approval from your property owner for the expansion area by having them sign the Temporary COVID-19 Outdoor Use Permit form found below.

Businesses Serving Alcohol:

  • Your must receive approval from the ABC authorizing your expanded licensed area. Fill out and submit the application form to ABC directly.
  • You must provide a barrier around the expanded area that is no less than 42" in height. Barriers near vehicle travel lanes are required to be more substantial to protect the area and also provide the required delineation.