Minor Outdoor Dining Permit
Updated: Mar. 5, 2025
The Minor Outdoor Dining Permit considers outdoor dining ancillary to any approved restaurant use and allows local restaurants, eateries, and other food establishments to expand into open areas and parking spaces on private and public property subject to minimum development and operational standards and requirements. Outdoor dining may be located on private property or on public right-of-way subject to the City’s standards and limitations outlined in the Outdoor Dining Checklist under Handouts.
Installation of permanent improvements to support outdoor dining including but not limited to building additions, permanent installations and built-in seating that would permanently alter the site or building is only considered on private property and is subject to review and approval of an Administrative Use Permit (AUP) and subject to the standards provided in the applicable zoning district.
Submitting an Application:
- Contact a City of Hayward Planner: Contact a planner by emailing planning.division@hayward-ca.gov or calling (510) 583-4216 to determine the required entitlements and submittal materials. Please include the project address and a detailed description of your project.
- Register for an e-Permit Portal account: You must be a registered user of the Hayward e-Permit Portal before you can submit your application. Learn more about how to register on our e-Permit Portal help page.
- Apply for your Plan Type: Using the e-Permit Portal, apply for your Plan by completing the online application and attaching the required submittal materials. Learn more about how to apply for a Plan on our e-Permit Portal help page.
Required Submittal Materials:
The submittal items below are required for all outdoor dining applications. Please note additional submittal items may be required depending on the project scope. A list of all the submittal requirements can be found in the Development Permit Checklist in Handouts.
- Minor Outdoor Dining Permit Checklist (see Handouts)
- Outdoor Dining Site Plan. (See Minor Outdoor Dining Permit Checklist in Handouts for specifics)
- Barricade Inventory List and/or Photos, with dimensions (e.g. planter boxes, barricades, fencing, furniture)
- Owner Authorization Form: Only required if the applicant is not the property owner. (See Owner Authorization Form in Handouts)
- Plan Sharing Authorization Form: See Form in Handouts.
- If Outdoor Dining will be located on Public Right-of-Way: Requires approval of an Outdoor Dining License Agreement with the business owner and may require an encroachment permit. Please contact the Development Review Engineer at planning.division@hayward-ca.gov or at (510) 583-4212 to inquire whether an encroachment permit is required.
- If alcohol will be served in the Outdoor Dining area: ABC Permit for Expanded Area of Service of Alcoholic Beverages.
Project Review:
Applicants will be notified by email or can login to the e-Permit Portal for updates on their application. Minor Outdoor Dining Permits are processed ministerially and may take 2-4 months to process depending on whether the proposed plan is consistent with the standards and whether an Outdoor Dining License Agreement and/or an encroachment permit are required. Estimated processing times do not include the time needed by the applicant to revise and resubmit their application.
Paying Fees:
After submitting your application through the e-Permits Portal, staff will reach out to coordinate payment of the fee set in the Master Fee Schedule. An application is not considered submitted until payment of the requisite fee is received.
Plan - Requires Planning Director Approval: Submit online via e-Permits Portal
