COVID-19 RESPONSE:

Temporary Outdoor Expansion Program

Outdoor Dining Program Updates:

NOTICE OF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ ADOPTING A FEE SCHEDULE FOR THE REGULATION OF PARKLETS TO BE PLACED IN THE PUBLIC RIGHT OF WAY:

At the November 15, 2022 City Council Meeting, Economic Development will present the Second Reading of Parklet Ordinance for Public on-Street Parking Spaces including the Adoption of the Parklet Ordinance establishing a permanent parklet program citywide; adoption of the Resolution establishing the Parklet Fee Schedule; adoption of the Parklet Guidelines, and Adoption of the Pre-approved Parklet Designs.

The text of the full resolution establishing the parklet fee schedule is available here.

Fees:

Revenue Sources:

Application Fee:

Preapproved and Retrofitted Parklet: $500

General Fund

Custom Design Parklet: $500 + additional actual costs relating to processing the permit will be charged at the applicable city staff’s hourly rate set forth in the City’s Unified Master Fee Schedule.

General Fund

Economic Development Parklet Annual Inspection Fee: $250

General Fund

Annual Permit Fee:

Annual Permit Fee for Metered parking spaces: $2,000 per space

Fees charged in the downtown parking district are received by the Parking District Fund

Fees for parklets on the Wharf are received by the Wharf Fund

All other meter locations are received by the General Fund

Annual Permit Fee for Unmetered parking spaces: $5.88 per square foot

General Fund

Appeal Fee: $519

General Fund

Additional Costs: To be charged at the applicable city staff’s hourly rate set forth in the City’s Unified Master Fee Schedule.

General Fund

October 25, 2022 City Council Meeting:

Economic Development presented three items related to the transition from temporary outdoor dining programs to permanent programs at the City Council meeting held October 25, 2022. You can watch the recording of the City Council meeting here (the Outdoor Dining Items begin at timestamp 2:20:08).

City Council voted to extend the temporary outdoor dining permits for all businesses beyond the December 31, 2022 expiration date as follows:

  1. Extended the temporary period for commercial use in the public right-of-way, currently set to expire the end December 2022 through October 31, 2023
  2. Extended the temporary period for commercial use on private property from the end of this December through March 31, 2024; and
  3. Extended the expiration for the partial closure of Cathcart Street to March 31, 2023 and directed staff to work with business and property owners to assess design to accommodate public safety and two-way traffic on Cathcart.

The temporary permit extension was discussed in Item #19: Permanent Outdoor Dining Program Update: First Reading of an Ordinance Amending Uncodified Ordinance 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses (ED)

Item #17: Permanent Outdoor Dining Program Update: First Reading of Parklet Ordinance for Public On-Street Parking Spaces (ED) - this item introduced the Parklet Ordinance which will be the permanent parklet policy for outdoor dining in public on-street parking spaces. The City Council approved the first reading of the ordinance and directed staff to develop a subcommittee to work with staff going forward to further refine the parklet guidelines, fees and program details and bring the ordinance and these items back for final adoption by the City Council.

Item #18: Permanent Outdoor Dining Program Update: Private Property Permitting (ED) - this item provided an overview of the permitting challenges under the City’s existing policies for outdoor dining on private property spaces and proposed a new permit process be developed to streamline this approval process. The City Council directed staff to work to develop a new permit process for private property outdoor dining to be presented to the City Council for consideration in early 2023. Staff will convene outreach with private property outdoor dining temporary permit holders to seek input and feedback on business needs as we develop the permit process.

To learn more about the permanent parklet program visit the program website here.

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].

Temporary Outdoor Expansion Permit 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.