Outdoor Commerce, Sidewalk Seating, and Parklets

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.

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:

1. Apply for an Engineering Permit, including one-time application fee
2. 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.

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:

1. Apply for a Minor Encroachment Permit and pay one-time application fee and one-time final fee
2. Apply for an Engineering Permit and pay one-time application fee
3. Sign the Parklet maintenance agreement
4. 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

You can pay in person at the Customer Service Center at 1947 Center Street, First Floor. The office is open Monday through Thursday from 8:30 am to 2:00 pm. Outdoor commerce permits expire each year on December 31 unless you renew them by that date.

You can pay by credit card, check, or money order. If you pay by check, please make it out to the “City of Berkeley.”