Patio
OUTDOOR COMMERCIAL
FREMONT
April 8, 2022
Now you can construct your
outdoor patio. When finished,
schedule an inspection with the
City’s Building Division. Upon
passing inspection, your patio is
ready to welcome customers.
City staff will review your
application and provide
comments as needed. A permit
will be issued once all comments
have been addressed.
During COVID, temporary outdoor patios gave many businesses the option to continue serving their customers safely. As the return to normal begins, businesses now have the option of keeping their outdoor patios long-term. Patios can bring benefits to both business and customer, including creating an inviting atmosphere for people to gather, having extra seating during peak hours, improving storefront visibility, and providing a social distancing alternative for customers with health concerns. These guidelines will help you establish an outdoor patio that has curb appeal while being functional, safe, and permitted. Please carefully review the following guidelines and when you are ready, click here [Link TBD] to complete and submit your application. overview
SIDEWALK CAFE, AL FRESCO, POP-UP PATIO, PARKLET - THEY GO BY MANY
NAMES BUT WHATEVER YOU CALL IT, HERE IS YOUR GUIDE TO TRANSFORMING AN OUTDOOR SPACE INTO A VIBRANT COMMERCIAL AREA FOR YOUR BUSINESS.
Submit a permit application with
the required attachments. There
is a one-time $500 flat fee.
(Note: If your business operates
under a use permit, there will be
a different process to amend
your existing permit*)
Application Process
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*Contact [email protected] for clarification
Must be located in front of the associated
business.
May not block pedestrian, vehicular, or
bicycle traffic.
Maintain a pathway at least four feet in width
adjacent to the patio.
Must keep clear access to storm inlets,
manholes, utility access points, or other utility
structures.
Must be under 750 square feet in area
Requirements for all patios:
elements of asuccessfuloutdoor patio
1 LOCATION AND SIZE
2LIGHTING AND ELECTRICAL
All lighting must be rated for outdoor use and used according to the manufacturer’s instructions.
Battery or solar powered lighting is encouraged.
Electric lights and any other electric equipment serving the patio must be plugged into a weather-rated GFCI outlet. Extension cords are not permitted.
If located within private parking lots, must be limited to four parking spaces May not be located within 15 feet of a fire hydrant.
Ensure that the fire department access road or fire lane remains accessible.
Must be at least 20 feet away from a street corner, unless protected by a bulb-out.
May not be on a street with a slope greater than 5%.
Must be at least 10 feet away from a driveway opening. .
Additional Location Requirements for On-Street Patios
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Any tent over 400 square feet in area requires a
separate building permit. Tents that require a
building permit must be designed by a qualified
professional to verify that the tent complies with
California Building and Fire Codes.
Any permanently-anchored canopy structure
requires a separate building permit, including
trellises, tents, shade structures, etc. Structures
that require a building permit must be designed
by a qualified professional to verify that the
structure complies with California Building and
Fire Codes.
4INSURANCE
New electrical outlets require a separate building permit. The outlet must be designed and permitted in conformance with California Building and Fire Codes.
Continued
3TENTS AND CANOPIES
Patios on public property must have at least $1,000,000 in general liability insurance naming the City of Fremont as an additional insured.
Must not block the view for vehicles, cyclists, and pedestrians.
Must be anchored according to the manufacturer’s instructions.
Must have a Certificate of Flame Resistance for tent and canopy fabrics.
Must be spaced at least 10 feet apart from other tents/structures.
Must be a minimum of seven feet, six inches above ground.
Requirements of all tents:
Heat lamps must be UL listed and setup according
to the manufacturer’s instructions.
Heat lamps are not permitted under tents,
canopies, shade structures, or umbrellas.
Heat Lamps
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Outdoor patios can use any barrier from the options below. The barrier selected must be approved for your specific patio location (i.e. sidewalk, parking lot, or street). There must be no more than five feet between each barrier, and there must be at least one foot of open space from the outside edge of the barrier to the edge of the converted parking stall.
TYPE A: WOOD PALLETS/FENCING TYPE B: CINDERBLOCK AND WOOD TYPE C: METAL FENCING TYPE D: SMALL PLANTERS
TYPE E: LARGE PLANTERS TYPE F: DECORATIVE K-RAILS
Appropriate for sidewalks, parking
lots, and streets up to 40MPH
Appropriate for sidewalks, parking
lots, and streets up to 40MPH
Appropriate for sidewalks,
parking lots, and streets
less than 25 MPH
Appropriate for
sidewalks and
parking lots
Appropriate for
sidewalks and
parking lots
Appropriate for
sidewalks and
parking lots
5 BARRIERS
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Patios should be safe and accessible to all customers. When designing your patio, refer to the minimum requirements for accessibility based on the current California Building Code (CBC), Chapter 11B – Accessibility. Business owners are encouraged to work with a Certified Access Specialist to help with your design.
Please keep in mind that the City does not guarantee that a patio designed in accordance with City standards will comply with applicable disability access laws.
Patios that are not at the same level as the ground, such as patios converted from parking spaces, require an accessible path of travel from the sidewalk to the inside of the patio. There are two models that businesses can follow:
OPTION 1: RAMP OPTION 2: RAISED PLATFORM
Must be at least 48 inches wide
Must have a maximum running slope of
1:12 and a maximum cross slope of 1:48.
Must have level landings at the top and
bottom. Landings shall be at least 48
inches long.
Must be firm, stable, and slip resistant.
Permanent curb ramps require a
separate building permit.
Provide an even transition between the
sidewalk and the platform.
The platform must have a slope less
than 1:48.
Platform entrance must be at least 48
inches wide.
Permanent platforms (i.e. extending
the sidewalk area) require a separate
building permit.
6 PATIO ACCESSIBILITY
Applicants must indicate their proposed accessibility plan on their application.
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Five percent of all outdoor seating must be designated accessible seating.
Tables for accessible seating must be no taller than 2 feet-10 inches and provide enough knee clearance.
Wheelchair space for seating must have at least 30”x48” clear floor space and International Symbol of Accessibility (ISA) should be placed on all accessible tables.
Additionally, patios must provide accessible seating as follows:
next steps
Click here [Link TBD] to complete the permit application.
You can submit your application and attachments either in-person at the Development Services Center (39550 Liberty Street, Fremont, CA) or online at www.Fremont.gov/CitizenAccess
A one-time $500.00 will also be required at time of submittal.
The Fremont Planning Department will review your application and provide any comments. Once all comments are addressed, a permit will be issued so you can begin construction.
Once construction is complete, a City inspection will be done. Upon passing the inspection, your outdoor patio is ready for customers.
Any questions? Please contact [email protected]
Maintain the patio and any adjacent areas in a neat, clean and orderly condition.
Provide trash, recycling, and compost receptacles to serve the patio.
Receptacles located inside the business may meet this requirement if they are accessible to the general public or if tables will be bussed for customers.
Easily movable furniture must be removed daily after business hours.
Customers using the patio must be granted access to use any indoor restroom facilities provided for customers inside the associated business.
Barbeques, grills, stoves, or other outdoor cooking appliances cannot be used within patios.
Outdoor commercial patios are subject to all otherwise established regulations regarding noise
The business is responsible for managing their patio:
7 OPERATIONAL REQUIREMENTS
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