Sidewalk Café Permit

What is a Sidewalk Café?

• In Oakland, sidewalk cafés are temporary, open-air seating areas. Sidewalk cafés cannot exceed the width of the frontage of the business or community-based organization. Sidewalk cafés are completely removed outside of operating hours.

What does a Sidewalk Café Permit entitle me to?

• A Sidewalk Café Permit is issued to owners of abutting businesses or community-based organizations and represents revocable permission to place seating elements in public space. The permittee never gains any ownership of the public space. They only own, and are responsible for, the facility that is to be installed within the public space [e.g. tables and chairs]. The City of Oakland allows abutting business owners to establish a Sidewalk Café for their exclusive use and are not required to make their Sidewalk Cafe available to those who are not their customers or guests.

Can I sell goods with a Sidewalk Café Permit?

• No. A Special Activity Mobile Vending Permit is required to vend food or merchandise from the public right-of-way, private property, or city-owned property.

Can I have a food cart in a Sidewalk Café?

• No. The Sidewalk Café Permit is not a vending permit.

Can I install a partition or other barrier around the Sidewalk Café?

• It depends. Temporary partitions, like a velvet rope, can help demarcate the limits of the sidewalk café and are allowable if they are completely removed at the close of each business day. Permanent or semi-permanent barriers, like a railing bolted to the sidewalk, require an approved Minor Encroachment Permit.

How much does a Sidewalk Café Permit cost?

• Currently, Sidewalk Café Permit fees include an application fee and record management & technology fee. These costs may be adjusted in future revisions to the Master Fee Schedule. 

Does the Sidewalk Café permit expire?

• Yes, Sidewalk Café Permits expire after one year and can be renewed. Sidewalk Café Permits are revocable and non-transferrable.

What is the difference between a Sidewalk Café and Parklet?

• Both Sidewalk Cafés and Parklets activate streets by accommodating outdoor dining in the public right-of-way. For the purposes of this application, a Sidewalk Café is distinguished from a Parklet in that a Sidewalk Café is located on the sidewalk area within the business frontage whereas a Parklet is designed to occupy parts of a parking lane located within the business frontage. Parklets shall be approved via a separate Parklet Permit.

What are the City’s standard insurance requirements?

• Contact your insurance company and have the City of Oakland added as an Additional Insured to your Commercial General Liability Insurance policy. The minimum amounts specified in such public liability policy or policies shall be $1,000,000 for each occurrence. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01).

According to Oakland Municipal Code Chapter 8.62, the following design and layout requirements apply to outdoor cafes in the public right-of-way:

Width & Location

• Area does not exceed the business frontage width
• All activity stays within the designated permitted area

Pedestrian Clearance

• Minimum 6-foot clear path maintained at all times
• Additional clearance provided if required by the Transportation Director
• Pedestrian path free of all obstructions (trees, poles, hydrants, meters, etc.)

Utilities & Public Right-of-Way

• No interference with utilities or public infrastructure (poles, hydrants, manholes, benches, etc.)

Access & Circulation

• Does not block maneuvering areas near buildings, driveways, entrances, or exits
• Does not obstruct accessibility routes for disabled persons
• Does not block required ingress/egress for adjacent buildings

Visibility & Safety

• Does not violate city vision clearance requirements
• Vision clearance maintained near alleys and driveways (may be modified by Transportation Director in special cases)

Noise & Devices

• No amplified music (live or recorded)
• No speakers, microphones, TVs, or audio/video devices if found to violate noise performance standards

Sales & Equipment

• No vending machines, carts, or objects for selling goods allowed in the sidewalk area

When any restaurant or cafe wants to add any sidewalk dining elements. These elements may include movable tables, chairs, barriers, planters, heaters, shelves, and other objects associated with sidewalk dining. 

If an existing building or any permanent elements encroach into the public right-of-way or were never legalized, then you may apply for a Minor and/or Major Encroachment Permit.

EXEMPTIONS FROM DESIGN REVIEW

Sidewalk Cafés that meet all of the following criteria are exempt from Planning/Zoning Design Review:

• Include only minor structure changes like awnings
• Include only minor facade building or signage changes 

If your project involves major or permanent structural changes to a building or sign(s), please visit the appropriate application guidance page from the following list:

• Alterations, Additions & Conversions Webpage
• Commercial Tenant Improvements Webpage
• Sign Permits Webpage

Business owners, non-residential property owners, and community-based organizations (CBO) may be considered.