HomeMy WebLinkAboutReso 62-2021 (21-222)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 62-2021
File Number: 21-222 Enactment Number: RES 62-2021
RESOLUTION AMENDING THE PROCLAMATION
OF A LOCAL HEALTH EMERGENCY (ADOPTED
PURSUANT TO RESOLUTION NO. 35-2020) TO
EXTEND THE OUTDOOR DINING PILOT PROGRAM
AND PROVIDE RELATED AUTHORIZATIONS.
WHEREAS, Section 8630, Article 14, of the California Emergency Services Act empowers the
City Council to proclaim the existence or threatened existence of a local emergency when the City of
South San Francisco ("City") is affected or likely to be affected by a public calamity; and
WHEREAS, Section 2.72.060 of the South San Francisco Municipal Code ("SSFMC")
authorizes the City Manager, serving as the Director of Emergency Services to proclaim, or to request
the City Council to proclaim, the existence or threatened existence of a local emergency; and
WHEREAS, SSFMC Section 2.72.060 authorizes the director of emergency services to make
and issue rules and regulations on matters reasonably related to the protection of life and property as
affected by such emergency; provided, however, such rules and regulations must be confirmed at the
earliest practicable time by the City Council; and
WHEREAS, on March 11, 2020, the City Council passed Resolution No. 35-2020 proclaiming
a local State of Emergency related to the Novel Coronavirus 2019 (COVID-19); and
WHEREAS, on March 16, 2020, seven health officers within six Bay Area counties, including
San Mateo County ("County"), took a unified step to slow the spread of COVID-19 and preserve critical
health care capacity across the region by issuing a legal order directing their respective residents to
shelter at home and limiting activity, travel and business functions to only the most essential needs for
three weeks, beginning March 17, 2020; and
WHEREAS, on March 19, 2020, Governor Gavin Newsom issued a statewide order ordering
all individuals living in the State of California ("State") to stay home or at their place of residence,
except as needed to maintain continuity of operation of the federal critical infrastructure sectors; and
WHEREAS, on May 13, 2020, the City Council passed Resolution No. 57-2020 amending and
updating the Emergency Proclamation; and
City of South San Francisco Page 1
File Number: 21-222 Enactment Number: RES 62-2021
WHEREAS, San Mateo County and six other Bay Area jurisdictions have been under a Shelter
in Place public health order due to COVID-19 since March 17, 2020 and multi -month closure of many of
the County's local businesses is putting a huge financial strain on all industries; and
WHEREAS, on June 17, 2020, the San Mateo County Health Officer and the County Health
Department announced revised orders to align with State Health Orders allowing for the continued
re -opening of businesses, provided that gatherings are not to exceed 50 people, allow for social bubbles,
adherence to social distancing requirements, face covering requirements, and requirements for
businesses to implement a social distancing protocol and written health and safety plans; and
WHEREAS, in conjunction with the revised San Mateo County Health Orders, nearly all cities
in San Mateo County have implemented an outdoor dining program; and
WHEREAS, the City has an important governmental interest in maintaining a healthy, active,
and thriving business community and protecting the health, safety, and economic welfare of its citizens
and businesses; and
WHEREAS, to protect the health and safety of the City, while fostering the economic
wellbeing of the City's citizens and businesses, the City wishes to assist both essential and non-essential
businesses in remaining open, or re -opening when lawfully permitted to do so pursuant to County and
State public health orders; and
WHEREAS, for the City's business community to survive the challenge presented by the
COVID-19 pandemic and the resulting business closures, the City finds that temporary emergency
modifications to existing policies and regulations are needed to help implement the Program; and
WHEREAS, under the current emergency circumstances, the City finds that it is in the best
interests of the public health, safety and welfare to permit the temporary use of public right-of-way space
by restaurants and businesses, with appropriate conditions to preserve the public safety and necessary
public access to those resources, and finds that City staff should be given broad discretion to modify
existing City policies, procedures and regulations in order to effectively assist the City's local businesses
in their reopening efforts; and
WHEREAS, on July 8, 2020, the City Council passed Resolution No. 90-2020 amending the
proclamation of a local health emergency to approve the Outdoor Dining Pilot Program, to allow
interested restaurants and businesses to, with review and approval by the City, utilize public right-of-way
space, including adjacent parking spaces, for an expanded dining area; and
WHEREAS, on September 8, 2020, the City Manager signed a proclamation amending the
outdoor dining pilot program in the City of South San Francisco to enhance business recovering during
COVID-19; and
WHEREAS, the City Manager's proclamation extended the time limit for businesses to
participate in the Outdoor Dining Pilot Program, as provided in Resolution 90-2020, by 90 days beyond
the initial time limit approved by City Council to allow restaurants and businesses to continue operating
in approved outdoor dining and activity areas; and
City of South San Francisco Page 2
File Number: 21-222
Enactment Number: RES 62-2021
WHEREAS, the City Manager's proclamation expanded the Outdoor Dining Pilot program to
include Personal Services, as defined in SSFMC Title 20, Chapter 20.620, which includes barber and
beauty shops, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants),
shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services,
and travel agencies mainly intended for the consumer, but only to the extent these services are permitted
to operate under County and State public health orders; and
WHEREAS, the authority vested in the City Manager in Resolution No. 90-2020, to
implement the Outdoor Dining Pilot Program, was also extended to implement the inclusion of Personal
Services in the Outdoor Dining Pilot Program; and
WHEREAS, the City Council ratified the City Manager's proclamation on October 14, 2020,
via Resolution No. 130-2020; and
WHEREAS, in the interest of public health and safety, as affected by the emergency caused by
the spread of COVID-19, the City Council desires to continue extending the Outdoor Dining Pilot
Program and provide other related authorizations to protect life, property and civil order.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San
Francisco, based on the foregoing recitals that shall constitute findings in this resolution, do hereby
declare that the further amendments to the proclamation of a local emergency, adopted by Resolution
35-2020 relating to the Outdoor Dining Pilot Program, are necessary to protect life, property and civil
order, and order the following:
The above recitals are true and correct and incorporated herein by this reference.
The time limit for businesses to participate in the Outdoor Dining Pilot Program, as provided in
Resolution No. 90-2020 and its exhibits, and as extended by Resolution No. 130-2020, is hereby
extended to continue until 60 days after the date Shelter In Place restrictions are lifted through San
Mateo County Health Orders, or 60 days after the date indoor dining fully resumes upon the State of
California Department of Public Health determines that the County can operate at less restrictive tiers
(yellow or minimal risk of exposure, or better), whichever occurs earlier.
All authority vested in the City Manager by City Council in Resolution No. 90-2020, to implement the
Outdoor Dining Pilot Program, shall also apply to implement extension of the time limits for businesses
participating in the Outdoor Dining Pilot Program, including but not limited to renewal of any expiring
or expired permits for the Program.
The amended Outdoor Dining Pilot Program application and operational requirements in Exhibit A are
hereby approved.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its
adoption.
City of South San Francisco Page 3
File Number: 21-222
Enactment Number: RES 62-2021
At a meeting of the City Council on 3/24/2021, a motion was made by Councilmember Nicolas,
seconded by Councilmember Coleman, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember
Coleman, and Councilmember Flores
Attest by
Govea Acosta, City Clerk
City of South San Francisco Page 4
1.Use of the on-street parking spaces shall be limited to the striped dimensions of the parking stall areas and
shall not encroach into the through travel lane.
2.Restaurants using these areas will need to provide their own furniture for use of by the patrons and will be
responsible for securing their furniture when not in use.
3.Outdoor Dining areas at corners cannot extend beyond the space occupied by a standard parked car.
4.Do not eliminate or obstruct existing, on-street disabled parking.
5.Allow adequate spacing next to remaining parking stalls for opening of vehicle doors.
6.Restaurants may expand their space to include areas fronting adjacent storefronts if they get a signed letter
granting permission from the owner of the adjacent storefront.
7.This Permit does not allow for placing tables and chairs on the sidewalks. Consult with the
Planning Department regarding the use on sidewalks.
Temporary Outdoor Dining Program
3. Layout of Outdoor Dining Areas
1. Arrangements for outdoor dining must be worked out with the property owner for each location. The City
would not be a party to discussions or arrangements concerning the leasing or use of outdoor space on
private property.
2. The following specific conditions apply to these areas:
a.Restaurants must have the permission of the property owner in order to use the parking space areas.
b.The parking lots must still comply with all ADA standards, including ADA paths of travel and adequate
provision of handicapped parking spaces pursuant to California Building Code Section 11B.
c.Restaurants that are providing alcohol service must meet all requirements of the Alcoholic Beverage
Control Board and any other federal, state, or local laws and regulations governing the sale and
consumption of alcoholic beverages.
d.Maintain access to emergency utilities such as fire hydrants, fire hose connections for sprinkler systems,
and entrances and exits of all buildings shall not be obstructed at any time by barriers or seating.
e.Consideration should be given to maintaining adequate parking supply on-site to prevent spillover parking
in adjacent residential areas.
f.Driveway entrances and exits shall always remain unobstructed.
g.Temporary outdoor lighting in compliance with California Green Building Code Light Pollution standards is
allowed. Lighting shall be turned off whenever the restaurant is closed and/or the outdoor dining area is
not in use.
h.All items installed to support outdoor dining shall be temporary in nature and removed at such the time
the City so orders. Upon removal of these items, the site shall be restored to its previous condition within
48 hours.
i.Restaurant patrons shall have access to the restroom(s) affiliated with the subject restaurant.
Outdoor Dining On Private Property
Outdoor Dining On-Street Parking Spaces
RESTAURANTS MUST ADHERE TO SOCIAL DISTANCING PROTOCOLS PER SAN MATEO COUNTY ORDER NO. C19-5F.
1.When applying for a Permit, provide proof of liability insurance and indemnification of
the City as well as a diagram showing placement of tables and chairs.
2.Restaurants that want to place tables and chairs in front of adjacent storefronts will
need the permission of the property and business owner.
3.If a restaurant wishes to serve alcoholic beverages as part of outdoor dining, a permit
is required from the California Department of Alcoholic Beverage Control (https://
www.abc.ca.gov/).
4.Restaurants are responsible for providing, setting up and taking down tables and
chairs on sidewalks or parking spaces.
5.Only tables and chairs are allowed in the designated areas for dining.
6.Restaurants must keep dining areas clean and adhere to Social Distancing Protocols
per San Mateo County Order No. c19-5F.
1. Applications & Submittals
1. Applicants must file a Temporary Outdoor Dining Permit for review by the City.
a. The City reserves the right to determine on a case-by-case basis the suitability and appropriateness of the
public property (sidewalk or parking area) requested by the restaurant for outdoor dining.
b. Available right-of-way or parking spaces to be used for outdoor dining shall be identified based on the
availability of the space fronting the business and may not include areas fronting adjacent businesses
without consent
c. Encroachment Permit Fees $325 (per Adopted Master Fee Schedule 2019-2020) may be waived to reduce
cost-associated barriers for business/restaurant participation.
2. Participation in the Temporary Outdoor Dining Program is limited to 45 days, with the option to
review and extend for another 45 days, but no more than 90 days total.
3. Applicants must comply with San Mateo County Outdoor Dining Safety Requirements, including on-site posting
of health information for employees and patrons.
4. Supplemental Information required by the San Mateo County Health Department must be submitted to the
City.
5. Restaurants/businesses that serve alcohol may continue to serve alcohol in the outdoor dining
area, as long as specific requirements are met:
a. An applicant/operator with a current Alcohol and Beverage (ABC) license and approval may only serve
alcohol within an approved area as reviewed by ABC.
b. In the event that ABC requires layout modifications to the approved, the applicant shall submit revised
layout to the City for review and approval.
c. The applicant/operator is responsible for obtaining and conforming to ABC requirements and file any other
necessary applications to continue serving alcohol.
d. A copy of the current ABC license shall be submitted to the City. In order to retain the Temporary Outdoor
Dining Permit and serve in the sidewalk café area, the operator shall maintain the license.
6. Restaurants operate at their own risk and shall defend and indemnify the City for all activity that
occurs in the outdoor dining area.
a.Applicants must identify the City of South San Francisco as an additional insured party and provide a copy
of the insurance certificate.
b.As required by the City’s Temporary Outdoor Dining Permit, applicants shall procure and maintain during
the term of the Permit the following policies of insurance:
i)Workers Compensation and Employers’ Liability Insurance in the statutory coverage.
ii)Commercial General Liability Insurance: In an amount not less than ONE MILLION DOLLARS
($1,000,000)
NO PERMIT SHALL BE ISSUED UNLESS PROOF OF ADEQUATE INSURANCE, AS DETERMINED BY THE CITY, IS PROVIDED BY THE RESTAURANT.
2. Operations & Maintenance
1.Hours of operation for outdoor dining uses shall not exceed the normal hours of operation for the
corresponding restaurant or business for which the outdoor use is granted.
2.Furniture used for outdoor dining shall not be secured to lampposts, streetlights, trees or any other public
street furniture.
3.All approved furniture used for outdoor dining shall be properly maintained and cleaned regularly and be
placed to allow pedestrians to move safely in the sidewalk at all times.
4.The applicant/operator shall comply with all applicable Fire and Building codes at all times.
5. Maintain ADA required access and clearances at all times:
a.Other cities provided specialized benches and/or tables where one side can be used by people in
wheelchairs or mobility devices and ADA required table heights are maintained.
b.The applicant/operator shall ensure safety and stability of all equipment used for outdoor dining.
c.Temporary fixtures such as tables, seating, umbrellas, heating lamps, planters, platforms or flooring to
achieve ADA compliance, and any approved physical barriers to mark the seating area are the only items
permitted in the public right-of-way.
6. The applicant/operator shall be responsible for the proper maintenance of the outdoor dining
area at all times, including properly disposing of all trash generated by the operation.
a.The applicant/operator shall be held responsible for emptying and cleaning all trash receptacles within the
operating area.
For information about the Outdoor Dining Program, contact the Planning Division at
(650) 829-6620 or [email protected]
For Information about the Outdoor Dining Program, contact the Planning Division at
(650) 829-6620 or [email protected]
TABLES, HEATERS, UMBRELLAS, AND PERSONAL BELONGINGS CANNOT ENCROACH INTO THE TRAFFIC OR PEDESTRIAN LANES (SIDEWALKS)
CITY OF SOUTH SAN FRANCISCO
ENGINEERING DIVISION
315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080
Temporary Outdoor Dining Permit Form (Revised 3/2021) Page 1 of 4
TEMPORARY OUTDOOR DINING PERMIT
ADDRESS: RESTAURANT / STORE NAME:
NAME OF OWNER ADDRESS CITY, STATE, ZIP TELEPHONE
___________________________________
E-MAIL
NAME OF BUSINESS OPERATOR SSF BUSINESS LICENSE # TELEPHONE
___________________________________
E-MAIL
APPLICATION SUBMISSION CHECKLIST (Confirmed by Planning)
1. Applicant has reviewed and accepted the Permit Conditions on the following pages. ☐ YES ☐ NO
2. Applicant has a current business license in the City of South San Francisco ☐ YES ☐ NO
3. Review and comply with the San Mateo County Outdoor Dining Safety Requirements ☐ YES ☐ NO
4. Provide Site Plan showing the Outdoor Dining Area layout and clear 5 -ft sidewalk path ☐ YES ☐ NO
5. Provide furniture descriptions and photographs of examples (anything in the Public righ t-of-way). ☐ YES ☐ NO
6. Provide maintenance plan for: trash cleanup of area, additional trash receptacles, and/or furniture. ☐ YES ☐ NO
7. Provide Certificate of Insurance that meets the requirements of Condition 15 on the following pages. ☐ YES ☐ NO
8. If alcohol will be served in the Outdoor Dining Area,
a. Submit a current copy of Business’s ABC License ☐ YES ☐ NO ☐ N/A
b. Copy of revised layout modification submitted to ABC ☐ YES ☐ NO ☐ N/A
9. If Outdoor Dining Area is proposed to extend beyond the current storefront,
a. Submit an approval letter from the neighboring property owner of that frontage. ☐ YES ☐ NO ☐ N/A
b. Submit an approval letter from the neighboring business operator of that frontage. ☐ YES ☐ NO ☐ N/A
PLEASE SEE ATTACHED PAGES FOR PERMIT CONDITIONS
I hereby acknowledge that I have read the permit and the attached conditions, that the information given by me is correct, th at I am the owner or
the duly authorized agent of the owner to act and consent on their behalf, and that I agree to comply with the attached condi tions and all
applicable provisions of state laws, city ordinances, and the rules of any governmental agency invol ved.
SIGNATURE OF APPLICANT (OWNER OR AUTHORIZED AGENT) TITLE D ATE
DO NOT WRITE BELOW THIS LINE – FOR USE BY CITY STAFF
1 APPROVED by Planning Division:
DATE:
2 APPROVED by Engineering Division:
DATE:
PERMIT NO:
Rev 3/1/2021
FOR INSPECTIONS
Public Works (650) 829-6656
24 HR in Advance
CITY OF SOUTH SAN FRANCISCO
ENGINEERING DIVISION
315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080
Temporary Outdoor Dining Permit Form (Revised 3/2021) Page 2 of 4
TEMPORARY OUTDOOR DINING PERMIT
ADDRESS: PERMIT NO.:
This City of South San Francisco (“City”) Temporary Outdoor Dining Permit (“Permit”) is issued in accordance with Title 13 of
the South San Francisco Municipal Code. Permittees and their agents are granted permission to enter the public right-of-way to
perform work as described in the issued permit subject to these Standard Conditions and any additional Special Conditions.
Permittees agree that any work performed under this Permit constitutes acceptance of the Standard Conditions and Special
Conditions of this permit.
# STANDARD CONDITIONS
1
Purpose: Permittee certifies that it has the legal authority to occupy and use the public right-of-way for the purpose stated in the
application. This nonexclusive and temporary Permit is limited to the purpose stated in the application. Any installation, maintenance, or
operation of facilities in the public right-of-way requires the Permittee/Owner to execute an Encroachment and Maintenance Agreement or
a similar form of agreement with the City. Neither this Permit nor any work done by Permittee shall create a vested right of Permittee to
occupy or utilize the public right-of-way. If any prior encroachment permit conflicts with the proposed work, Permittee shall arrange for
any necessary removal or relocation with the prior permittee if willing at no expense to the City.
2
COVID-19 Safety Compliance: Permittee shall comply with the June 17, 2020 Order of the Health Officer of the County of San Mateo
directing all individuals in the County to limit gatherings to not exceed 50 people, allow social bubbles, ad here to social distancing
requirements, face covering requirements, and requiring business to implement a social distancing protocol and written health and safety
plan (“Shelter-in-Place Order) and any subsequent Health Order issued by the Health Officer of the County (“Subsequent Order”).
Permittee shall comply with the following:
a. Statewide Industry-Specific Guidance, available at https://covid19.ca.gov/industry-guidance, and any subsequent updates;
b. San Mateo County COVID-19 Requirements and Industry-Specific Guidance available at https://www.smchealth.org/post/covid-19-
requirements-resources; and/or
c. Any applicable subsequent updates or guidelines issued by the Health Officer of San Mateo County.
3 Boundary Limits: This Permit is limited to the “Outdoor Dining Area” defined as public right-of-way described in the application site
plan that will be occupied.
4
Term: The term of this Permit is limited to 45 days. Additional 45 day extensions may be granted upon request by Permittee and approval
from the Planning, Building, and Engineering divisions. The Permit total duration is limited to a maximum of 90 days. Upon revocation or
expiration of this Permit, Permittee shall suspend all activity within the Outdoor Dining Area and shall be responsible for t he repair of any
damage to City property caused by Permittee, as directed by City.
5 Fees: As approved by the City Council, the permit fees for this permit are waived. All other expenses unrelated to permit review,
inspection, and modifications to barriers shall be at the sole expense of Permittee.
6 Business License: Permittee and/or contractor shall maintain a current business license in the City of South San Francisco as applicable.
7 Operation: Hours of operation for outdoor dining uses shall not exceed the normal hours of operation for the corresponding business.
8 Sidewalk Clearance: A minimum clear width of five (5) feet of sidewalk shall be maintained at all times for safe passage across the
property frontage.
9 ADA Access: Permittee shall be responsible for complying and maintaining ADA accessibility to and from the Outdoor Dining Area.
10 Furniture: Permittee shall be responsible for providing, maintaining, and removing any outdoor furniture used by the Outdoor Dining
Area. All dining furniture shall be removed from the public right -of-way outside of business hours.
11 Trash: Permittee shall be responsible for providing and emptying additional trash receptacles and cleaning any trash generated by the
CITY OF SOUTH SAN FRANCISCO
ENGINEERING DIVISION
315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080
Temporary Outdoor Dining Permit Form (Revised 3/2021) Page 3 of 4
TEMPORARY OUTDOOR DINING PERMIT
ADDRESS: PERMIT NO.:
This City of South San Francisco (“City”) Temporary Outdoor Dining Permit (“Permit”) is issued in accordance with Title 13 of
the South San Francisco Municipal Code. Permittees and their agents are granted permission to enter the public right-of-way to
perform work as described in the issued permit subject to these Standard Conditions and any additional Special Conditions.
Permittees agree that any work performed under this Permit constitutes acceptance of the Standard Conditions and Special
Conditions of this permit.
# STANDARD CONDITIONS
Outdoor Dining Area for the duration of the Permit.
12
Inspection: All work is subject to the City’s monitoring, inspection, and approval. Permittee shall call the Building Inspector to schedule
inspection of ADA accessibility (if applicable). Upon removal of the Outdoor Dining Area, Permittee shall call the Public Works Inspector
to schedule inspection to confirm the area is clear and no damage to public property has occurred.
Inspection scheduling requires a minimum of 24-hours’ notice before required inspection time.
13
Restoration and Completion of Work:
Upon expiration or revocation of this Permit, Permittee shall be responsible for removing all furniture, trash receptacles, a nd other
facilities related to the Outdoor Dining Area with the exception of the City provided water barriers. Any damage to the public right-of-way
within the Outdoor Dining Area caused by the use of the Outdoor Dining Area shall be restored by the Permittee.
a. Upon completion of the work, Permittee shall request that the City conduct a final inspection by scheduling with the Public Works
Inspector at least 24-hrs prior to requested inspection time.
b. If the work is not completed within the time required or not acceptable to City staff, then the Public Works Director or their designee
shall notify Permittee in writing. Within forty-eight (48) hours of such notice, Permittee shall restore the public right-of-way in
conformance with the City Standards Details and Specification and this Permit’s conditions and remedy all deficiencies including
subsurface material or pavement depressions, breaking, or other failures. If the Permittee fails to do the restoration after such notice,
then the City may undertake such work at the expense of the Permittee. The City’s determina tion of the cost of the work perform shall
be final.
c. If Permittee fails to compensate the City for the restoration work undertaken pursuant to 12(c) above within five (5) busines s days of
notification, then the City shall have the right to take whatever actions are necessary to recover its damages, costs, and expenses
including but not limited to withholding the amount due with payment made from the performance deposit or any remaining
administrative or inspection fee amount or commencing an action against the bond.
d. Any repair or restoration work undertaken by the City pursuant to 12(c) above shall not relieve Permittee in any manner from liability
at the site of the repair or restoration including but not limited to future failures.
e. The City may undertake any restoration or repair work that has been left incomplete or performed inadequately by Permittee at
Permittee’s cost without notification to Permittee if the City has determined that there has been a violation of any conditio n of the
permit; that an excavation constitutes a hazardous situation, public nuisance, public emergency or threat to public health, safety, or
welfare, or it is in the City’s best interest.
14
Release and Indemnification:
Permittee hereby releases the City from any liability, claims, damages or any obligations relating to any bodily injury, sickness, disease, or
death of any person or damages to any property or any person arising out of work performed by Permittee, its contractors, or
subcontractors in performance of this Permit. P ermittee agrees to indemnify, defend, and hold harmless City and its officers, agents,
volunteers, and employees from any and all actions, claims, and liability for any loss or damage, including but not limited t o, bodily
injuring, sickness, disease, or death of any person or damage to any property, tangible or intangible, arising out of work performed by
Permittee, its contractors, or subcontractors in performance of this Permit or the entry upon the Property. This release and indemnification
shall survive termination of this Permit.
CITY OF SOUTH SAN FRANCISCO
ENGINEERING DIVISION
315 MAPLE AVENUE, SOUTH SAN FRANCISCO, CA 94080
Temporary Outdoor Dining Permit Form (Revised 3/2021) Page 4 of 4
TEMPORARY OUTDOOR DINING PERMIT
ADDRESS: PERMIT NO.:
This City of South San Francisco (“City”) Temporary Outdoor Dining Permit (“Permit”) is issued in accordance with Title 13 of
the South San Francisco Municipal Code. Permittees and their agents are granted permission to enter the public right-of-way to
perform work as described in the issued permit subject to these Standard Conditions and any additional Special Conditions.
Permittees agree that any work performed under this Permit constitutes acceptance of the Standard Conditions and Special
Conditions of this permit.
# STANDARD CONDITIONS
15
Insurance:
Permittee shall procure and maintain during the term of this Permit the following policies of insurance:
a. Worker’s Compensation and Employers’ Liability Insurance in the statutory coverage. Permittee certifies that it is aware of t he
provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Wor ker’s
Compensation or to undertake self-insurance in accordance with the provisions of the Code, and it will comply with such provisions
before commencing the performance of the work pursuant to this Permit.
b. Commercial General Liability Insurance: In an amount not less than ONE MILLION DOLLARS ($1,000,000) for injuries including,
but not limited to, death to any one person and subject to the same limit for each person; in an amount not less than TWO MIL LION
DOLLARS ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.
c. The insurance required by this Permit shall be in an aggregate amount of not less than Two Million Dollars ($2,000,000) and s hall be
extended to include as additional insureds the City of South San Francisco, its elective and appointive boards, officers, a gents,
employees and volunteers, with respect to operations performed by the Permittee as described herein. Evidence of the insuran ce
described above shall be provided to City upon issuance of this Permit. The policy of insurance shall also contain a prov ision
indicating that such insurance shall not be reduced or canceled except upon thirty (30) days written notice to City.
d. At the City’s sole discretion, the City’s Risk Manager may modify or waive these requirements on a case -by-case basis.
16 Assignment: Permittee shall not assign or otherwise transfer any rights under this Permit, and any purported assignment or transfer shall
automatically revoke this Permit.
17
No Dedication; Possessory Interest Tax: Nothing contained in this Permit shall be deemed a gift or dedication of any portion of the
Property to or for the general public or for any public purpose whatsoever. This permit shall not be construed to grant any r eal property
interest or other rights to Permittee in the Property. However, if it is deemed that this Permit creates an interest subject to the possessory
interest tax, then Permittee is responsible for paying such tax.
18 No Waiver: No waiver of any default or breach of any condition or term of this Permit shall be implied from any omission to take action
on account of such default or breach.
19
No Precedent Established: This Permit is issued with the understanding that any particular action is not to be considered as establishing
any precedent, including as precedent for the expediency, utility, or authority of any kind of encroachment. This Permit and any assoc iated
Improvement Agreement or Encroachment and Maintenance Agreement constitute the entire agreement between the City and Permittee
pertaining to entry and work upon the Property.
20
Underutilized or Unused Outdoor Activity Areas: For areas of the public right-of-way that have been approved for outdoor dining (or
other approved uses), but are not being used for those daily activities, the following actions shall be completed by the City:
a. Permit holder shall be notified of the improper usage of the public right-of-way, including failure to set furniture for dining (if
approved for outdoor dining), and an observation period of 30 days shall commence.
b. If after 30 days, the outdoor area remains underutilized, the City shall remove all barriers and fencing installed at the site.
c. A Code Enforcement Case shall be opened to remove any built platforms and the space shall be reverted back to active parking
spaces, and any physical changes to the sidewalk or buildings shall be restored to original condition at the cost of the Permittee.
Temporary Outdoor Dining Area
Application Checklist
Required Submittals:
☐ Temporary Outdoor Dining Permit Application (completed and signed)
☐ Copy of Current South San Francisco Business License
☐ Insurance Certificate (See Permit Application Standard Condition #15 and Attached Sample)
☐ Site Plan (must show 5’0” clearance path on sidewalk at all times)
☐ Platform Details (must show 18” min drainage path located parallel to existing curb)
☐ Proposed Outdoor Dining Layout (drawing of dining area with furniture or other elements)
☐ List or Photographs of Furniture (every object to be placed in the right-of-way)
☐ Maintenance Plan (must include locations of additional trash receptacles and schedule of
proper disposal of all trash generated by the operation)
If alcohol will be served in the Outdoor Dining Area, the applicant/operator must:
☐ Submit current copy of ABC License
☐ Copy of revised layout modification submitted to ABC
If Outdoor Dining Area is proposed to extend beyond the Applicant’s storefront,
applicant/operator must:
☐ Submit a letter indicating permission to use the right-of way from the property owner of the
neighboring building.
☐ Submit a letter indicating permission from the neighboring business operator.
List of Furniture or Equipment for Outdoor Dining
The following shall be used for the proposed Outdoor Dining at ________________________
☐ Tables
☐ Chairs
☐ Heaters/Heating Equipment
☐ Additional trash receptacles
☐ Planters
☐ Temporary Flooring
☐ Other Items (List below)
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Outdoor Dining Maintenance Plan
The following provides specific maintenance and cleaning protocols that the applicant or operator
of the temporary outdoor dining at ______________________ is required to implement, in
compliance with the City of South San Francisco’s Guidance for Temporary Outdoor Dining
during COVID-19, current San Mateo County Health Department Orders, and other COVID-19
guidance for outdoor dining.
• The applicant/operator shall regularly clean and maintain all approved furniture used for
outdoor dining regularly and be placed to allow pedestrians to move safely in the sidewalk
at all times.
• The applicant/operator shall be responsible for the proper maintenance of the outdoor
dining area at all times, including properly disposing of all trash generated by the operation.
• The applicant/operator shall be held responsible for emptying and cleaning all trash
receptacles within the operating area.
Cleaning and Disinfecting Protocols
• Perform thorough cleaning in high traffic areas.
• Frequently disinfect commonly used surfaces and surfaces touched by patrons.
• Clean touchable surfaces between shifts or between users, whichever is more frequent.
• Equip spaces such as dining and tasting rooms, bar areas, host stands, and kitchens with
proper sanitation products, including hand sanitizer and sanitizing wipes and ensure
availability.
• Ensure that sanitary facilities stay operational and stocked at all times.
• Provide time for workers to implement cleaning practices during shifts and consider
third-party cleaning companies.
• Remove dirty linens from dining tables from dining areas in sealed bags.
• Thoroughly clean each customer dining location after each use.
• Provide hand sanitizer at guest and employee entrances and contact areas.
I hereby acknowledge that I have read the above guidance and that I agree to comply with the Maintenance Plan and
all applicable provisions of state laws, city ordinances, and the rules of any governmental agency involved .
SIGNATURE OF APPLICANT (OWNER OR AUTHORIZED AGENT) TITLE DATE