Temporary Outdoor Dining Permit during Shelter-in-Place Order

On June 12, 2020, the County of Alameda Public Health Department issued an Press Release to allow all retail, outdoor dining, limited religious services and outdoor museums to operate on June 19, 2020. In alignment with the state’s guidance, indoor and outdoor retail and outdoor dining will be allowed at reduced capacity to ensure physical distancing and safety plans are in place. Residents and businesses are still strongly recommended to continue focusing primarily on pick-up and delivery options to limit lines and crowds. The outdoor dining operating standards temporarily allow local restaurants, eateries, and other food establishments to expand into open areas, parking spaces, and, if authorized, City-owned property (i.e. streets, City parking, sidewalks) to accommodate social distancing in a safe and organized manner. View this information in Spanish here.

A Temporary Outdoor Dining Permit is required prior to the use of private and/or public property for outdoor dining. 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 October 31, 2020, unless otherwise stated, and the City of Hayward maintains the right to revoke permit for non-compliance.

TEMPORARY OUTDOOR DINING OPERATING STANDARDS:

All businesses allowed to operate under the Health Officer Orders must complete the Site-Specific Protection Plan template (Order No. 20-14a Appendix A and C) found here: www.acphd.org/2019-ncov/covidrecovery.aspx and implement risk assessment and individual control measures, physical distancing, disinfecting and cleaning protocols, and employee training to prevent the spread of COVID-19. 

Exemptions from Obtaining a Temporary Outdoor Dining Permit:

  • If you already possess a signed agreement from the City of Hayward to use public property (i.e. some downtown Hayward businesses) to serve food outside your place of business and do not plan to serve beyond your immediate business frontage as indicated in the agreement, you do not need to apply for a temporary outdoor dining permit from the City.
  • If the private property already includes a pre-approved designated area intended for outdoor dining/ seating area (i.e. outdoor eating plaza, outdoor food court) at the time of its original development, you do not need to apply for a temporary outdoor dining permit from the City provided the site complies with social distancing requirements and County health standards. 

General Standards Applicable to All Temporary Outdoor Dining Areas:

  • Outdoor dining 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
  • Dining furniture shall maintain social distancing from each other per the County Public Health Department.
  • All walkways, paths of travel, and sidewalks shall maintain a minimum four (4) feet wide. Outdoor dining 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 dining area.
  • Outdoor dining barriers shall be between 30- and 48-inches in height, with the exception of landscaping elements (planter boxes) which may be taller. Visibility shall be maintained to the outdoor dining area.
  • Outdoor dining area 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 dining area shall not be separated from the food establishment by drive aisles, streets, or driveways
  • Refuse bins shall be placed within close proximity of the outdoor dining area and shall include bins for three waste streams (trash, recycling and organics). Bins may be shared between adjacent outdoor dining areas.
  • 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.
  • Outdoor cooking and/or grilling is prohibited. All food, meals, etc. shall be prepared indoors.
  • Electrical and utility cables that cross drive aisles or paths of travel shall be taped down to avoid tripping hazards.

Additional Standards Specific to Private Property:

  • Cumulative outdoor dining areas within a private parking lot shall not exceed 30% of the parking spaces on the lot. Multiple restaurants within a shopping center with a shared parking lot may partner together to create a food court and picnic area.
  • Open areas such as courtyards and landscaped areas may be used for outdoor dining provided that the area meets the minimum standards prescribed within this document and County Public Health requirements.

Additional Standards Specific to Public City-Owned Property:

  • Shall not be located on a street with posted speed greater than 25 MPH. Shall not be at corners or within 10-feet of a driveway.
  • If located with in a municipal parking lot, cumulative outdoor dining areas shall not exceed 30% of the parking spaces on the lot. ADA parking spaces shall not be utilized.
  • No permanent furniture shall be placed and/or installed within public right-of-way. 

Other Considerations:

  • Sale of Alcoholic Beverages Outdoors. If you already possess a current license from the Department of Alcoholic Beverage Control (ABC) to serve alcoholic beverages directly outside your place of business and do not plan to serve said beverages beyond your licensed premises, you do not need a temporary license to serve from the ABC. However, if you plan to serve alcoholic beverages beyond your licensed premises, then you will need to complete and submit a COVID-19 Temporary Catering Authorization Application (see attached). Businesses shall not serve alcoholic beverages for on-site consumption beyond their authorized premise prior to obtaining approval from ABC. Once obtained, business owners shall forward a copy of their ABC permit to Senior Detective Gabrielle Wright (Police Department—Vice Unit) at gabrielle.wright@hayward-ca.gov or drop a copy off at the Hayward Police Department at 300 West Winton Avenue, Hayward CA.
  • Amplified sound shall be limited; Outdoor dining 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.

HOW TO APPLY FOR A TEMPORARY OUTDOOR DINING 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. 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 Dining Permit Application
  • Outdoor Dining Site Plan (See Below for Requirements)
  • Barricade Inventory List 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 (See Page 5)
  • Temporary ABC Permit for Expanded Area of Service of Alcoholic Beverages, if applicable

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.
  • Completed Waiver of Liability and Indemnity Agreement.
  • Any additional information, as required, by the City of Hayward Public Works Department.

Outdoor Dining 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 restaurant 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 dining area(s);
  • Location and dimensions of any barricades to be used to separate vehicular traffic from the proposed temporary outdoor dining location;
  • Seating plan of all dining 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 dining area;
  • Location of nearby landfill, recycle, and compost bins for use by patrons;
  • Location of nearby parking, including standard and ADA spaces and dimensions from each other.

Check Status Download Application Master Fee Schedule