Requirements and Application Process
Class V Special Event Permit for Pop Up Patio
The City of Fremont has created the Pop Up Patio Pilot Program to allow restaurants, retail, and personal services businesses to quickly resume their operations. Business owners must apply for a Pop Up Patio Permit to create a temporary outdoor area. Pop Up Patios can be located within public parking spaces, on the public sidewalk, or on private property, including within private parking lots.
The application process, including documentations needed, is outlined below. The permit is considered a City of Fremont Class V Special Event Permit. General questions can be directed to Courtney Pal or by phone at (510) 494-4532. If you are considering creating a Pop Up Patio within on-street parking spaces, it is strongly recommended that you contact City staff to discuss your application prior to submittal.
Information is available in the below sections:
- Alameda County Parameters on Outdoor Dining and Personal Services
- Permit Application
- Permitting Process
- Tips for your Pop Up Patio Application
- Reminders for the Operation of Pop Up Patios
Please note: the City's Recreation Services has a separate Parks Business Operating Permits (PBOP) Program for fitness classes in parks. For more information please visit the PBOP webpage.
Alameda County Parameters on Outdoor Dining and Personal Services
- July 10, 2020: Alameda County Issues Updated Guidance on Outdoor Dining
- Alameda County Health Order
- Restaurant Operating Procedures
- Revised Health Order
- Alameda County Description of Permitted Outdoor Personal Services
- State of California Guidelines on Outdoor Personal Services
To submit an application for a City of Fremont Pop Up Patio permit, complete and submit the required documents and any other documents applicable via email. Note: a typical email only allows a total attachment size of 20 mb. If your documents are significant in size, consider uploading them to a server (google drive, dropbox, etc.) and provide a download link as part of your email submission.
The following documents are required:
- City of Fremont Pop Up Patio Application
- Attachment A: Event Site Plan
- The City has created sample site plans, available here.
- The site plan must show the proposed location and dimensions (in feet) of the temporary outdoor dining area.
- The site plan must indicate the type and location of perimeter barrier proposed. Please attach catalog/brochure sheets for barrier materials, if possible. Other attachments may be required, as described in the Pop Up Patio application. If you are unsure whether a document is required, please contact City staff.
Once your application is submitted, City staff will review all documentation submitted within two business days of receipt. Once your application is approved, the City will issue a set of Conditions of Approval outlining all legal requirements to ensure the safety of your Pop Up Patio. You must agree and sign the Conditions of Approval prior to issuance of the permit.
Once your permit is issued, you are able to construct your patio. Once the patio is constructed, the City will conduct an on-site inspection to ensure that the Patio is constructed according to the relevant codes and approved site plan. Inspections will be conducted within 24 hours of receiving a request. After your Patio passes its inspection, the application process is complete. You are able to use your patio until 60 days after the local emergency declared in response to COVID-19 is terminated.
Tips for your Pop Up Patio:
Pop Up Patios should be located in an area that is inviting, visible, and easily accessible. The Patio should not block or interfere with vehicle traffic lanes, bicycle lanes, driveways, street corners, or building entrances. Additionally, the Patio should be located away from fire access roads, fire hydrants, bus stops, utilities, and accessible parking stalls.
It is also important that the Pop Up Patio area is designed to allow customers to maintain appropriate social distance. Your Pop Up Patio should be at least six feet wide in order to facilitate social distancing.
The following sections provide some additional suggestions to ensure that your Pop Up Patio application is successful:
For patios on a sidewalk…
- The location of the Pop Up Patios must leave at least four feet of sidewalk clearance for pedestrians
- The Patio should not block the building entrance
For patios in parking areas…
- A Pop Up Patio may occupy up to two parallel spaces or three diagonal or perpendicular parking spaces, unless other conditions (i.e. size of parking field, private parking lot, etc.) allow the use of additional parking spaces.
- In order to ensure the safety of customers, the perimeter of the Pop Up Patios must consist of a barrier sufficient to deter vehicle entry. The barrier may consist of traffic drums, water-filled barriers, crowd control fencing, or a combination of these items. Please refer to the City’s Sample Patio Diagrams for examples of appropriate barriers.
- The Pop Up Patio must comply with the California Building Code and the Americans with Disabilities Act (ADA). A temporary wheelchair ramp may be required to achieve compliance with the ADA in parking lots. Please see the FAQs for more information on meeting ADA requirements, or contact staff if you have questions.
Reminders for the Operation of Pop Up Patios
- All furniture shall be removed daily from the Pop Up Patios after business hours, except that approved barriers or other bulky items may remain
- Your Pop Up Patio area may also require approvals from the Alameda County Department of Public Health and Department of Alcoholic Beverage Control. Please contact these agencies to comply with the applicable requirements.
- Trash, recycling, and compost receptacles must be provided for the patio. The City can provide free temporary containers. Please contact Lori Marra for more information.