Temporary Outdoor Business Activities during Shelter-in-Place Order

BACKGROUND AND PURPOSE:

The County of Alameda Public Health Department is responsible for issuing Shelter-in-Place Orders listing sectors and businesses that are permitted to reopen and providing specific guidance, limitations and standards for reopening and operation. Please refer to Alameda County's Covid-19 webpage for the latest Orders and updates related to business openings and operations criteria.

The City of Hayward will allow businesses that are approved for outdoor use to expand into open areas and parking spaces on private property, and, if authorized, City-owned property (i.e. streets, municipal parking lots, sidewalks) to accommodate social distancing in a safe and organized manner. 

A Temporary Outdoor Business Permit is required prior to the use of private and/or public property for outdoor business activities. This includes outdoor COVID-19 testing sites. Zoning Conformance Permit and Encroachment Permit fees will be waived. General questions can be directed to Planning Division at planning.division@hayward-ca.gov or by calling (510) 583- 4216, Monday to Friday, 8 a.m. to 5 p.m. The use of City property, if requested, will be evaluated on a case-by case basis and cannot be guaranteed.

These regulations will be in place until the Alameda County Shelter-in-Place Order islifted unless otherwise stated, and the City of Hayward maintains the right to revoke permit for non-compliance.

TEMPORARY OUTDOOR BUSINESS OPERATING STANDARDS:

All businesses allowed to operate under the Health Officer Orders must complete the Site-Specific Protection Plan template found here: covid-19.acgov.org/recovery.page? and implement risk assessment and individual control measures, physical distancing, disinfecting and cleaning protocols, and employee training to prevent the spread of COVID-19. Specific permit information and operating requirements for Temporary Outdoor Dining in the City of Hayward may be found here: www.hayward-ca.gov/services/permits/temporary-outdoor-dining-permit-during-shelter-place-order

Outdoor operations/activities such as swimming pools, winery tastings, publicly accessible gardens, dog parks, or businesses that normally operate outdoors are exempt from obtaining a Temporary Outdoor Business Permit from the City of Hayward provided they comply with county and state operational and health standards. 

General Standards Applicable to All Temporary Outdoor Business Activities:

  • Outdoor business areas shall be a minimum dimension of six feet in each direction and shall not be located within 10-feet of a private or public driveway, or within 20-feet of a street intersection.
  • Equipment and related business furniture shall maintain social distancing from each other per County standards.
  • All walkways, paths of travel, and sidewalks shall maintain a minimum four (4) feet wide clearance. Outdoor business areas utilizing parking spaces shall be setback a minimum of four (4) feet from an abutting automobile parking space used to accommodate walking around the outdoor business area.
  • Temporary outdoor service areas within parking areas or near vehicular traffic shall be clearly identified and outlined with traffic control measures (i.e., barricades, cones, signs, etc.) of at least 30-inches tall to ensure separation of pedestrians and vehicles without blocking pedestrian or vehicular access.
  • Temporary outdoor businesses shall not result in an increase in general intensity of the business beyond what is currently permitted (i.e., the business cannot have more capacity than what is normally allowed inside their tenant space).
  • Cumulative outdoor business areas within a private parking lot shall not exceed 30% of the parking spaces on the subject property, and shall not utilize parking spaces required by the Americans with Disabilities Act (ADA).
  • Pedestrian, bicycle, and vehicular paths of travel shall not be obstructed. Outdoor business area should not be separated from the brick-and-mortar location by drive aisles, streets, or driveways unless determined that safer site circulation can be maintained for patrons, pedestrians, motorists at an alternative location.
  • Temporary canopies are permitted; however, if a canopy is 400 square–feet or larger, Fire Department approval is required. Please contact the Fire Prevention Office at (510) 583-4900 prior to installation.
  • Electrical and utility cables that cross drive aisles or paths of travel shall be taped down to avoid tripping hazards. Temporary electrical connections shall be commercial grade and listed for outdoor use.
  • All furniture shall be removed daily from the temporary outdoor business area after business hours.
  • Temporary outdoor service areas shall be conducted without causing a nuisance (such as noise or odors) to adjacent properties. The operator shall ensure no pollutants or other material/trash are discharged into the storm drain.
  • If the business has public restroom facilities, they must be made available to patrons.
  • Amplified sound shall be limited; Outdoor business areas shall still adhere to the City’s Noise Ordinance Section 4-1.01 of Hayward Municipal Code.
  • Temporary signage shall be required to adhere to Section 10-7.600 of the Hayward Municipal Code

Specific Outdoor Business Requirements:

Outdoor business operations and activities shall comply with standards and guidance set forth by the California Department of Public Health and County of Alameda Public Health Department for the applicable business/ activity sector per Appendix C of Order No. 20-14c.

Personal Services. Personal services such as barbershops, hair/nail salons, skin care, waxing and non-medical massage shall comply with the County of Alameda Reopening Guidance Requirements.

  • Services that may require a client to remove their face covering, tattoos, piercings, eyebrow threading and waxing and eyelash treatments remain prohibited at this time.
  • The operator shall provide a floor cover which allows for the vacuuming of hair after each patron. Floor covers shall not create an additional tripping hazard and shall allow for ADA Access.
  • The operator may provide screening from neighboring tenant spaces which does not prevents airflow and is not attached to a canopy, (e.g. bushes, lattice, fences with small slats as approved by the City).

Additional Standards Specific to Use of Public City-Owned Property:

  • Outdoor business area shall not be located on a street with posted speed limit greater than 25 MPH, and shall not be at intersections/corners or within 10-feet of a driveway unless approved by City Traffic Engineer.
  • If located with in a municipal parking lot, cumulative outdoor business areas shall not exceed 30% of the parking spaces on the lot. ADA parking spaces shall not be utilized to accommodate outdoor business activities.
  • No permanent furniture shall be placed and/or installed within public right-of-way.
  • Barricades on city-owned property or right-of-way shall be provided by the City of Hayward for traffic control and safety measures. Please note that barricade supply is limited and not guaranteed. 

HOW TO APPLY FOR A TEMPORARY OUTDOOR BUSINESS PERMIT:

Complete and submit the required documents listed below via email to planning.division@hayward-ca.gov at least three (3) business days prior to your proposed activity date. Note: A typical e-mail only allows a total attachment size of 10 MB. If your documents are significant in size, consider uploading them to a server (OneDrive, Google Drive, DropBox, etc.) and provide a download link.

Please ensure all documents submitted are converted into PDFs to greatest extent possible. For any questions, please contact the Planning Line at (510) 583- 4216, Monday through Friday, 8 a.m. to 5 p.m. Please note that Hayward City Hall offices, located a 777 B Street Hayward CA 94541, are closed until the Shelter-in-Place Order is lifted. 

Required Submittal Document Checklist:

  • Temporary Outdoor Business Permit Application
  • Outdoor Business Activity Site Plan (See Below for Requirements)
  • Barricade Inventory Catalog and/or Photos (e.g. planter boxes, barricades, fencing, high visibility traffic cones)
  • Written Authorization from Private Property Owner (Shall be Signed and Dated)
  • Completed Affidavit to Accept Terms and Operational Standards

For Use of City of Hayward Property:

  • Minimum $1,000,000 (one-million dollar) liability insurance certificate and additional insurance endorsement with the City of Hayward listed as additionally insured. For businesses within the Downtown Hayward vicinity, applicants shall also list the “Downtown Hayward Improvement Association (DHIA)” as additionally insured. The following statement shall be present on liability insurance certificates: “The following entities are named as additionally insured for liability purposes: City of Hayward, its officials, employees, agents, and contractors”.
  • Completed Waiver of Liability and Indemnity Agreement
  • Any additional information, as required, by the City of Hayward Public Works Department

Outdoor Business Activity Site Plan Requirements

Provide a site plan with the following information:

  • Site Plan shall be drawn to scale (i.e. 1/4 inch = 1-foot). Show location of business entrance;
  • Location of all uses of private/public property and public rights-of-way (streets, sidewalks, medians);
  • Location and dimensions of any canopies of structures to be used for the outdoor business area(s);
  • Location and dimensions of any barricades to be used to separate vehicular traffic from the proposed temporary outdoor business location;
  • Plan of all related business furniture to be used and distances from each other and waiting area;
  • Identify paths of travel for pedestrian traffic to safely navigate to/from the outdoor business area;
  • Location of nearby parking, including standard and ADA spaces and dimensions from each other.

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