How to Obtain a Sidewalk Café Encroachment Permit

How to Obtain a Sidewalk Café Encroachment Permit
How to Obtain a
Sidewalk Café Encroachment Permit
Sidewalk cafés provide an opportunity for
restaurants, bars, and food service providers,
such as bakeries, delicatessens, and similar
establishments, to expand their dining/food
What is the process for obtaining a
Sidewalk Café Encroachment Permit?
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All sidewalk cafés require issuance of a
revocable Sidewalk Café Encroachment Permit
by the City Engineer to ensure uses conform to
all Municipal Code requirements and
development standards.
The following steps will generally apply to
process an application for a Sidewalk Café
Encroachment Permit:
Step 1: Obtain an application from:
achment Permit
Sidewalk Café Encroachment Permits allow
outdoor restaurant seating, including accessory
on-sale (on-premise) alcohol sales, within a
portion of the public right-of-way (sidewalk)
under specified conditions and requirements.
Where are they allowed?
City of Salinas
Permit Center
65 W. Alisal Street
Salinas, CA 93901
Step 2: Complete the Encroachment Application,
Operational Statement and provide all
items listed on the “Sidewalk Café Permit
Step 3: Submit the completed application packet
as outlined in Step 2 along with the $300
application fee to Permit Center. (Waived
for Downtown District until 10/4/17)
Sidewalk cafes are generally limited to areas
where the sidewalk width is a minimum of 10
feet, as measured from the curb face to the
street property line, and traffic speeds are
posted for 35 MPH or less due to the street
design or designation.
Step 5: When the plans have been found to meet
Sidewalk cafés shall only be established in
conjunction with and adjacent to ground floor
business occupancies such as restaurants,
bars, and similar uses as approved by the City
See attached Sidewalk Café
Ordinance Summary for more requirement
all applicable City regulations, the
Sidewalk Café Encroachment Permit will
be approved. A copy of the approved
Sidewalk Café Encroachment Permit will
be mailed to the applicant or the applicant
may request to be notified by phone and
arrange to pick it up in person from the
Permit Center.
Are other permits required?
Depending on your proposal, other permits
such as Building Permits, County of Monterey
Environmental Health Permits, State Alcohol
Beverage Control (ABC) Licenses, etc. may be
required. It is recommended that you contact
these agencies at the beginning of the process,
prior to submitting your application to the City.
Step 4: Your application will be reviewed by
applicable City Departments to determine
if the project conforms to City regulations.
Step 6: Any required Building Permits, Sign
Permits, etc. may be applied for after
Encroachment Permit.
How to obtain more information?
Call the Permit Center at 758-7251 or come
visit our offices located at 65 West Alisal
Standard Permit Conditions
Notwithstanding any of the provisions in this permit, all improvements and uses shall comply with all
other ordinances and regulations of the City of Salinas and all local, state, and federal laws and
No further development other than that shown on this permit or attached exhibits shall be allowed
unless or until the City Engineer has approved an amendment to this permit
Use of the property shall be conducted in such a way that it does not constitute a nuisance to the
use and enjoyment of surrounding properties or the public. Any permittee, person, firm, corporation,
whether as principal, agent, employee or otherwise, violating, causing or maintaining the violation of
any of the provisions of this Permit shall be guilty of a misdemeanor or an infraction, as charged.
Permitee shall maintain the Public Right of Way in a manner satisfactory to the City Engineer, and
shall maintain such in good repair, and in a clean, safe and slightly condition and Permittee’s sole
expense, all to the satisfaction of the City Engineer.
Pursuant to Salinas City Code Section 1-8.1: Civil action enforcement, and Section 1-8.2: Liability
for costs, permittee shall reimburse the City of Salinas for all costs and expenses (including but not
limited to fees and charges of architects, engineers, attorneys, and other professionals, and court
costs) incurred by the City in enforcing the provisions of this Permit.
The applicant(s) shall defend, indemnify, and hold harmless the City of Salinas and any of its
boards, commissions, agents, officers, and employees from any claim, action or proceeding against
the City, its boards, commissions, agents, officers, or employees to attack, set aside, void, or annul,
the approval of this project/use. The City shall promptly notify the applicant(s) of any such claim,
action, or proceeding. The City shall cooperate in the defense. Nothing contained in this condition
shall prohibit the City from participation in a defense of any claim, action, or proceeding if the City
bears its own attorney’s fees and costs, and the City defends the action in good faith.
Permittee shall obtain and maintain throughout the term hereof, public liability and property damage
insurance as follows:
General Liability:
Combined Single Limit Per Occurrence
$1 million
General Aggregate
$2 million
(The policy shall cover on an occurrence or an accident basis, and not on claims made basis)
Such insurance, shall name City and its officers, agents, and employees as additional insureds by
endorsement, and shall not be cancelable or subject to modification without at least thirty (30) days
written notice to City. The insurance policy shall stipulate that the insurance policy will operate as
primary insured for the aforementioned services, operations, or during the use of City property or
City approved permit and that no other insurance affected by the City or other named insured will be
called upon to contribute to a loss covered thereunder. The policy shall contain no special
limitations or the scope of protection afforded to the City, its officers, employees, and agents. The
insurance company affording coverage shall be an insurance organization admitted by the
Insurance Commissioner to transact business of insurance in the State of California.
Permittee shall present a certificate of insurance or other acceptable written evidence of such
insurance and shall, on an annual basis, provide acceptable evidence of renewal of coverage.
This permit shall be revocable by City as provided in Article V, Section 30-42 of the City Code, as
the same may be amended from time to time. Within thirty (30) days after receiving notice from City
of revocation of this permit, Permittee shall, upon demand from the City, as his/her sole cost and
expense, remove all improvements installed by Permittee pursuant to the permit, and shall restore
the premises as nearly as practicable to its condition prior to such installation.
For Salinas City Center District Sidewalk Café Incentive Program participants, design standards and
product specifications requirements for furniture, fixtures and enclosures will be relaxed for the oneyear period of the Incentive Program. This does not apply to awnings and signage. At the time of
annual renewal inspection, these design and manufacturer specification standards will be reevaluated based on the Main Street Streetscape Design Master Plan. Permit renewal may require
furniture, fixture and modifications to be in compliance with the Streetscape Master Plan.
Design Standards
Other Regulations
Encroachment Permit
Commercial Zones
Sidewalk width: minimum of 10 feet
Traffic speed: maximum of 35 mph
Consumption of food and/or beverages in conjunction with a ground floor business
Must be directly in front of the building/tenant space
Permitted sidewalk café area will be based on ability to maintain a generally
straight, 6-foot clear path of travel.
Must be set back 3-feet from the curb, if adjacent to the street.
Must maintain 3-foot clear space around fire hydrants & FDCs
Same hours of operation as business
Café shall not obstruct access to any building/tenant space.
Furnishings shall:
o be moveable, high quality, commercial grade and manufactured for
outdoor use
o complement the architectural character of the building and surrounding
o not extend beyond the designated perimeter of the sidewalk café
Perimeter/area of the café shall be defined by a railing, fencing, and/or landscaping
is required unless waived by city engineer
Enclosures shall:
o not exceed 42 inches in height
o be high-quality, fire resistant material
o complement the architectural character of the building and surrounding
o if gated, specific hardware may be required
May have windscreen up to 5 feet in height
Awnings, canopies and signage are subject to the design standards of the Zoning
If proposing lighting, a Lighting Plan meeting ordinance criteria must be submitted
with the application.
Must comply with Storm water requirements
Café facilities and furnishings to be in an orderly, clean and sanitary condition at all
times. This includes tables, chairs, awnings, canopies, umbrellas and landscaping
planters and boxes.
At least one covered outdoor trash container shall be provided during operation.
All non-permanent fixtures are to be removed at the end of each business day.
No amplified sound.
Outdoor heaters and fire pits meeting Fire Code are allowed.
Must comply with all federal state, and local laws including, but not limited to,
those regulating the sale, service, and consumption of alcohol or food
Submit Encroachment Permit Application and Operational Statement with the
following items: (Please see Permit Submittal Checklist for more details.)
o Sketch of proposed improvements
o Pictures/Manufacturer specifications for fixtures
o Contractor Liability Insurance (construction)
o General Liability Insurance (permanent)
o Fee: $300.00
Permit to be processed within 5 days
Insurance Liability
Permit Modifications
Annual Inspection
Permit expires after one year unless renewed.
Permit shall not be affected by changes in ownership, however, General Liability
Insurance must be provided must be provided by new owner.
 A comprehensive general liability and property damage insurance or commercial
general liability insurance covering all operations is required.
 The insurance shall be provided and maintained at the limits and amounts and in a
form and manner set forth by the City as a standard condition of the Permit.
 Minor changes may be considered by the City Engineer prior to installation of any
such changes at the site.
 Major changes will require submission of an application for a new Sidewalk Café
Encroachment Permit.
 Term of permit may be extended with payment of a renewal fee covering the
required annual inspection.
 Fee: $100.00
Note: This is a summary that outlines the major provisions of the Sidewalk Café Ordinance. It does not cover all details
of the full Ordinance. Depending on the proposed project, other requirements may apply.
DEVELOPMENT ENGINEERING, A division of the Public Works Department
65 West Alisal Street | Salinas, CA 93901 | 831-758-7251 |
Sidewalk Café Permanent Encroachment Permit Application
Property Address for Permit:
Property Owner’s Name:
City/Sate/Zip Code:
Assessor’s Parcel Number:
Business Name:
Name of Contact Person:
Number of Tables:
Area of Encroachment (sf):
Number of Chairs:
Enclosed: Yes
Number of Benches:
Umbrella(s): Yes
Number of Trash Receptacles:
Planter(s): Yes
Will you be serving alcohol: Yes
; If Yes, Number:
; If Yes, Number:
Will tables/chairs/etc. be stored indoors after hours
If yes, ABC license # (copy of lic. req’d):
daily? Yes
City Business License Number:
Expiration Date:
_____Applicant shall provide the City with liability insurance naming the City as additional insured, with endorsement sheet prior to
issuance of a permanent encroachment permit.
_____ I understand the operator and/or contractor shall conform with the all permit requirements and regulations of the City of Salinas
Other Depts/Jurisdictions (STAFF: circle all that apply): Traffic
Streets Urban Forestry Building Planning Fire
October 2016
Your Operational Statement must be written in permanent ink or typed. Please use a separate sheet(s) of paper
if you require more space for your answers.
1. What is name and type of existing business/use that the sidewalk café will be operated in
conjunction with?
2. What are the proposed days and hours of operation?
Friday______________ Saturday _____________ Sunday______________
3. Will you have live entertainment? Yes _____ No_____ If yes, indicate type and whether
amplification will be used? ______________________________________
Hours of entertainment: Monday _______Tuesday ________Wednesday________
Thursday _________Friday __________Saturday _________ Sunday__________
4. Will alcohol be served for on-site consumption? Yes _____
5. Will outdoor heaters, fire pits/places, or any other type of lighting or heating device with an open
flame be used? Yes ______ No_______
6. What are the existing businesses or land uses located to the north, south, east, and west?
7. Is this part of a larger project that was previously reviewed by the City?
Sidewalk Café Encroachment Permit Submittal Checklist
All information is required as noted:
City use only
Application requirements:
Note: The term “subject parcel” below refers to the parcel of the
business that the sidewalk café will be operated in conjunction
with is located.)
a) Application completed and signed by:
Business Operator
Property Owner of subject parcel
b) Operational Statement - Sidewalk Café Encroachment
Permit. Provide 1 copy.
c) Site Plans drawn “to scale” and legible. Plans must be fully
dimensioned and no smaller than 8 ½ inches by 11 inches or
no larger than 11 inches by 17 inches. Use permanent ink.
Provide 3 copies.
Show the general layout of the subject parcel and the right-ofway (sidewalk area) as follows
North arrow (north at top if feasible.)
Address of subject parcel and name of business.
All property lines and lot dimensions and easements of the
subject parcel (that are adjacent to the sidewalk café.)
Show the sidewalk frontage of the building or tenant space
serving the proposed sidewalk café and all abutting buildings or
tenant spaces. Include the width (the distance measured from
the street curb to street property line) and the length
dimensions of these areas.
Dimension the distance between the perimeter of the sidewalk
café and the doorway entrance to abutting buildings/tenant
spaces (a minimum of 6’ unobstructed is required.)
Dimension the perimeter/boundary of the sidewalk café.
Dimension the distance between any obstruction or
improvement in the right-of-way and the sidewalk café area
(include those both in the street and sidewalk along the street
frontage of the site). Include any utilities (boxes) and public
improvements (especially those that could affect or be affected
by the applicant’s proposal) such as bus stops, benches, trees,
lights, planters, landscaping, trash receptacles, bicycle racks,
other street furniture, newspaper racks, street, curb, on-street
parking, and any other potential sidewalk obstruction.)
Dimension existing and proposed pedestrian movements in the
right-of-way (sidewalk). Include disabled access.
The location of access/doorways (including emergency access
points and fire escapes). A minimum of two feet is required on
each side of the entrance doorway serving the sidewalk café
and the related business occupancy.
Show and identify the location and dimensions of all proposed
umbrellas, outdoor furniture, enclosures, windscreens,
heaters/fireplaces/fire pits, landscaping planters or boxes, trash
receptacles, and any other materials to be placed in the
sidewalk café area.
Show the direction and extent of swing of any gates and the
projection or movement of any objects placed within the
sidewalk café area. No object (such as chair, tables, umbrellas,
etc.) shall be permitted to project beyond the delineated
perimeter of the sidewalk cafe.
d) Fixture and Furniture Specifications
Provide details and samples (such as cut sheets/photos) of all
furniture, lighting, landscaping planters, awnings/canopies,
umbrellas, fencing, enclosures, etc. Include all materials,
exterior colors and finishes, and design.
For enclosures, show height and method of attachment (if
applicable) to the sidewalk.
If landscape planters are proposed, indicate the type and size
of plant materials, irrigation details, and the dimensions of
planters including height.
e) Photographs. Provide photographs of the subject parcel’s
existing street frontage where the sidewalk café will be located
(include the frontage of abutting buildings/tenant spaces.)
f) Exterior building elevations. Provide eight (8) copies. Only
required if exterior building modifications are proposed (e.g. the
installation of awnings, change in location of window or door,
building lighting.)
i) Insurance Liability Coverage. Provide three (3) copies of
policy. (Includes Contractor’s insurance if applicable)
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