Outdoor Commerce, Sidewalk Seating, and Parklets
Businesses seeking to add or keep outdoor seating can opt for three choices: install outdoor commerce in the street, utilize sidewalk for seating, or convert street space into a public park.
Businesses can add outdoor seating in three ways—apply for an outdoor commerce permit for a designated parking space or spaces, get a permit for sidewalk seating, or turn street space into a public park without dining.
Existing outdoor commerce operators using a parking space from 2020 to 2023 should act by May 20, 2024, to make these changes permanent. To continue using the space for business operations, businesses only need to pay an annual outdoor commerce fee.
For inquiries regarding fee calculations, installations, or if you haven't received your renewal letter, please contact us at transportation@berkeleyca.gov. For guidance on selecting the best option for your business, email the Office of Economic Development at oedmailbox@berkeleyca.gov.
Applying for outdoor commerce in parking space
This choice lets you use outdoor space in public areas for your business. You can set up outdoor seating and offer table service in a spot that used to be a parking space. It's not just limited to that – you could also use the space for other business activities outdoors, like hosting art classes or setting up a studio.
To incorporate a parking space outside of your business, you must pay for an outdoor commerce fee. To apply:
- Apply for an Engineering Permit, including one-time application fee
- Pay the annual outdoor commerce fee in-person at the Permit Service Center
Outdoor commerce fee
To calculate the annual outdoor commerce use fee, multiply the number of revenue-generating hours by the hourly rate of the parking space by the number of occupied parking spaces. The hourly rate ranges from $0.50/hour to $8.00/hour.
There are 2,709 revenue-generating parking hours per year. This is based on 9 hours per day, with six days per week and 52 weeks per year, minus 11 holidays per year.
The equation to calculate your outdoor commerce use fee is:
[number of parking spaces] x [hourly parking rate on the block face] x [2,709 hours/year]
For example, if you plan to use two parking spaces with an hourly rate of $1.50, the Outdoor Commerce Use Fee is 2,709 × $1.50 x 2 parking spaces = $8,127 annually.
NOTE: If your outdoor commerce installation is located in an unmetered parking area, the cost for conducting outdoor commerce would be the price of a “Temporary No Parking” sign. The annual fee is calculated as follows: [monthly fee for ‘no parking sign’ ($221/month)] multiplied by [12 months] totaling or equaling $2,652 per parking space annually.
Applying for a sidewalk seating permit
To have outdoor dining on the sidewalk, you must get a Sidewalk Seating Permit. With this permit, you may add tables and seating to your business operations for serving food or alcohol.
- Complete a Sidewalk Seating Application and submit it electronically or filed in person at the Permit Service Center.
Creating a public use parklet
To create a public park, also known as a parklet, in a parking space with no annual fee, follow these steps:
- Apply for a Minor Encroachment Permit and pay one-time application fee and one-time final fee
- Apply for an Engineering Permit and pay one-time application fee
- Sign the Parklet maintenance agreement
- Post two signs, including the text “this parklet is public space" and “no-smoking” in a visible location on your parklet
All can access this public space, and businesses cannot incorporate it into their operations.
Paying your fees
Pay in person at the Customer Service Center located at 1947 Center Street, first floor, open Monday-Thursday, 8:30 am to 2:00 pm, by May 20, 2024.
You can make your payment via credit card, check, or money order. If paying by check, make payment out to the “City of Berkeley.”
For outdoor commerce operations established between 2020 and 2023, you must pay your initial annual outdoor commerce fee by May 20, 2024.