Outdoor Dining and Seating
Santa Clara City Code § 18.60.140
in effectA. Purpose and Intent. The purpose of this Section is to regulate permanent Outdoor Dining and Seating. Temporary uses are addressed in Chapter 18.122 (Temporary Use Permits). The intent of these regulations is to encourage outdoor dining and seating that is compatible with associated and surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly appearance.
B. Permit Requirements.
1. All Outdoor Dining and Seating areas subject to the requirements of this Section shall be allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).
2. Outdoor Dining and Seating areas are allowed as follows:
a. When providing 24 or fewer seats: A Zoning Clearance is required; and
b. When providing 25 or more seats: A Minor Use Permit is required.
3. When a Minor Use Permit is required, in order to approve proposed outdoor seating, the Director shall make the standard findings required for the Minor Use Permit, as well as all the following additional findings:
c. Allows a continuous pedestrian path of travel in compliance with State and Federal accessibility regulations that will not obstruct fire, pedestrian, and wheelchair access.
d. Does not unduly interfere with pedestrian traffic on the sidewalk.
e. Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way.
f. Allows an unobstructed view of traffic devices.
C. General Developmental Standards. The following developmental standards shall apply to all Outdoor Dining and Seating Facilities:
1. Location. Outdoor dining and seating shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon driveways, emergency vehicle/fire access lanes, landscaped areas, parking spaces, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities (e.g., waste receptacles and drinking fountains), or any other requirement listed in the Building Code. Outdoor dining and seating shall not be located within the public right-of-way, in required parking spaces, in designated vehicle drive aisles, or within required landscape planter areas.
2. Hours of Operation. Except as otherwise provided, hours of operation for outdoor dining and seating areas shall be consistent with those for the primary use.
3. Signs. No additional business identification or advertising signs for outdoor dining and seating shall be allowed above the maximum number and allowable sign area for the corresponding primary use as established in Chapter 18.42 (Sign Standards).
4. Maintenance. Outdoor dining and seating areas shall be kept free of garbage and other debris and shall not encroach into required sidewalk clearance areas as follows: all outdoor dining and seating areas shall leave a minimum horizontal clear space of six feet of clear sidewalk space, or greater if the Director of Public Works determines necessary to protect pedestrian access to the sidewalk area.
5. Quality of Materials. Any outdoor dining and seating area shall use high quality materials compatible with surrounding uses and structures. For example, inexpensive plastic or polypropylene chairs are not compatible with permanent higher quality surrounding materials and structures. The selected materials shall be subject to the Director’s approval.
6. Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning Code, no outdoor dining and seating area shall be located less than 100 feet from the property line of a residentially zoned parcel without prior approval of a Minor Use Permit. However, a Minor Use Permit shall not be required for the following activities when located less the 100-foot separation requirement:
g. Service windows for pedestrians.
h. Outdoor dining and seating incidental to a restaurant or beverage/food establishment that conforms to all the following criteria:
(1) Is separated from residentially zoned property by a nonresidential building;
(2) Does not operate between the hours of 10:00 p.m. and 6:00 a.m. daily;
(3) Can be secured, in order to prevent access during non-business hours; and
(4) Is operated in a manner that does not create a private or public nuisance.
D. Operational Standards. The following operational standards shall apply to all Outdoor Dining and Seating Areas:
1. Permittee to Ensure Maintenance. The permittee shall be responsible for, and exercise reasonable care in, the inspection, maintenance, and cleanliness of the area containing the outdoor dining and seating, including any design requirements hereafter enacted, from the structure frontage to the curb.
2. Permittee to Ensure Compliance. The permittee shall restrict the outdoor dining and seating to the approved location and ensure compliance with all applicable laws, including laws against blocking the public right-of-way, health and safety laws, public cleanliness laws, and laws regulating sale and public consumption of alcohol.
3. Alcoholic Beverage Sales. Areas in which alcoholic beverages are served shall comply with the standards established by the State Department of Alcoholic Beverage Control.
4. Clean-up Facilities. Outdoor dining areas, whether part of a single restaurant or shared by several restaurants, shall provide adequate clean-up facilities, and associated procedures, in the following manner.
a. Cleaning Schedule. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public health and safety; and,
b. Waste Receptacles. Outdoor dining areas shall contain waste receptacles, which shall not be allowed to overflow, for use by the public and/or restaurant employees.
5. Required Parking. No additional parking shall be required for the outdoor dining and seating area associated with the primary use.
6. Entertainment. Outdoor dining and seating areas that provide dancing, entertainment, or amplified music shall comply with the noise standards in City’s Noise Ordinance (SCCC Chapter 9.10)
Source: City of Santa Clara Zoning Code (santaclaraca.gov PDF)URL: https://www.santaclaraca.gov/our-city/departments-a-f/community-development/planning-division/zoningFetched: 10/24/2026