TEMPORARY PROGRAM TO ALLOW OUTDOOR COMMERCIAL ACTIVITY DURING COVID-19 EMERGENCY
On June 5, 2020, the City of Pacifica Director of Emergency Services issued an Emergency Order (Amended on August 8, 2020) allowing businesses within the City to conduct outdoor commercial activity for a temporary period during the Local Emergency due to COVID-19. This order is aligned with the modified San Mateo County Health Order (Order No. c19-5f) issued on June 4, 2020 which has allowed for outdoor dining operations only at this time.
On November 25, 2020, the California Department of Public Health issued a uniform definition for outdoor operations, defining how outdoor operations may be conducted under a tent as long as no more than 50% of the structure's perimeter has impermeable walls and allows for sufficient cross ventilation. As COVID-19 continues to pose a severe risk, necessary precautions to adapt to outdoor activities is ongoing. We encourage you to review the Blueprint for a Safer Economy provided by the State.
HOW CAN I APPLY?
- Carefully review the City's Emergency Order. The Order allows businesses located on private property to start outdoor operations immediately if all the requirements listed in the Order can be met. Submission of an application is required within 10 days after starting the outdoor activity. Businesses proposing to use the right-of-way (for example, a public sidewalk) are not eligible to begin outdoor operations immediately.
- Click here for the application
- Submit application and attachments by email to Joshua Montemayor, Management Analyst, at firstname.lastname@example.org.
- Temporary COVID-19 Outdoor Activities and Encroachment Agreement, required. Once your application is deemed approved, the City will issue you an Agreement that must be signed by the Permittee. An example of this Agreement can be read here.
WHAT SHOULD I KNOW ABOUT THIS PROGRAM?
For complete information, please read Emergency Order (Order No. 2020-04). A summary of program requirements is provided below. Additional requirements may be added if necessary.
- This program is available to current tenants of an existing shopping center or commercial structure and shall not be available to mobile businesses or vacant property or on property without commercial tenants.
- Businesses requesting use of the right-of-way will require insurance against claims for injuries to persons or damages to property which may arise from or in connection with the outdoor activities.See sample Agreement for specific requirements.
Location, Accessibility, Parking and Safety
- The Outdoor Activities use area shall be contiguous to commercial structures or walkways providing access to structures/tenant spaces.
- No permanent item or structures shall be installed on the Outdoor Activities area.
- Temporary fencing or planters not exceeding three (3) feet tall shall be placed in a safe manner around the Outdoor Activities area.
- The Outdoor Activities area must be sufficiently clear for ingress and egress and sufficient drive aisles and fire lanes as necessary to provide adequate vehicular circulation and access by public safety personnel and vehicles to the Outdoor Activities area in the event of a fire, medical, or other emergency.
- All walkways and sidewalks shall maintain a four-foot clear path of travel.
- Outdoor Activities shall comply with the Americans with Disabilities Act including, but not limited to, providing accessible ramps or paths if necessary.
Operation of Outdoor Activities
- Hours of operation for Outdoor Activities shall not exceed the normal hours of operation for the corresponding business with which the outdoor use is associated.
- Outdoor use areas shall be maintained free of trash and debris.
- Any outdoor alcohol consumption shall be in compliance with the rules and regulations of the Department of Alcoholic Beverage Control and County Health Orders.
- No outdoor music or entertainment is permitted.
HELPFUL LINKS AND RESOURCES
County of San Mateo COVID-19 Health Orders
State Guidelines for Industry Guidance to Reduce Risk
Center for Disease Control Guidelines for Businesses
State Guidelines for Use of Temporary Structures for Outdoor Business Operations