Use of Outdoor Private Property (Dining, Retail and Salons)

Description: Any sidewalks, plazas or parking lots located on private property, including any that are part of a mall.

Prior to Filing Application: Prior to filing an application, please contact your landlord (the property owner) and confirm their agreement for your plan to use parts of the parking lot and exterior of the building for this temporary use. City approval of the temporary outdoor dining/retail does not replace or supersede any private lease or contractual agreements between your business and the property owner/landlord or property owners authority for use of their land/site.

Application Requirements: In order to apply for a temporary outdoor dining/retail on private property, you will need to have the following information ready before you complete the application form:

  • Contact/Business Information – You will need to enter basic contact information for the business, point of contact, address/location, business hours.
  • Photograph – You will be asked to upload a photo of the outdoor area(s) you intend to use.
  • Site Plan – You will be asked to upload a simple diagram with dimensions showing the layout of the outdoor space, including where furnishings or merchandise will be placed. This can be a hand drawing on an 8.5×11 sheet of paper that is scanned and ready to upload.
  • ABC Approval (only if planning to serve alcohol outside) – If alcohol is sold and served, you will be asked to upload proof of California Department of Alcoholic Beverage Control (ABC) approval. More ABC information:

Specific Standards: In addition to the common standards listed above, the following standards will be required to be met while the temporary outdoor dining/retail on private property:

  • Program only allows temporary use during the COVID-19 pandemic and must discontinue and all materials, tables, removed at the terminus of the emergency. Applicant agrees to discontinue use and remove any temporary improvements within 48 hours or notification by the City.
  • Prior to use, applicant shall contact Marin County Health Dept and California Department of Alcohol Control (ABC) and comply with any requirements/ clearances.
  • Applicant is responsible to consult and receive authorization of property owner for the temporary use, including the size and location of the temp use.
  • Maintain all required fire lane drive aisle
  • Maintain safe drive aisles and pedestrian access to and from the building
  • Dining and retail activity and merchandise display area must be limited to the property on which the business is located.
  • This clearance is revocable and if safety issues or non compliance with these requirements arise, the temporary approval is revocable at any time.

No fees will be charged for this automatic permit. This permit is valid subject to City or County (Public Health) guideline changes.

Reviewed on a case by case basis, no fee. Fill out application below.

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