Outdoor Dining Program

Outdoor Dining

During the pandemic, the City launched the Rebound Program – allowing for new and expanded outdoor dining on a temporary basis. Those outdoor dining options have now been made permanent, and folded into an overarching, new Outdoor Dining Program (ODP).

Under the ODP, processes are streamlined, and new options are now available. While this program is for the Downtown area, boundaries have been expanded in a new Outdoor Dining Overlay District – allowing for more restaurants in the downtown and adjacent areas to take advantage of this exciting opportunity. (The City will be taking a look at how to expand outdoor dining citywide in the coming months.)

Regulations and guidelines will continue to ensure downtown remains a safe and enjoyable environment for all. Restaurants and bars will be required to operate under an Operator Permit which will dictate things like outdoor music volume, and a License Agreement if operating on City property.

We’re excited about how combining the new and the “tried and true” will continue to enhance our downtown for residents, visitors and the business community!

Outdoor Dining Overlay District

A new district has been created to allow for more restaurants to participate in the ODP, expanding beyond the traditional downtown boundaries. If your restaurant or bar is located within these boundaries, you can apply for outdoor dining under the new Program.

The City is exploring ways to increase and enhance outdoor dining citywide, with parameters and guidelines announced in the coming months. For now, if you are outside of the overlay district and are interested in outdoor dining, contact the Community Development Department.

Outdoor Dining Overlay Zone Map

Program Elements

Operator Permit

All restaurants that don’t have a Conditional Use Permit, Administrative Use Permit, or Deemed Approved status for their outdoor dining are now required to obtain an Operator Permit. This Permit streamlines the process, while managing all outdoor operations.

The Operator Permit includes provisions for:

Hours of operation
Alcohol service
Music
Security

License Agreement

If a business is operating on city property, they are required to complete a License Agreement for use of the city space. The Agreement also serves as a permit for use of city property and the public space.

Some of the conditions outlined in the License Agreement include:

License term (five years)
Lease rate for use of city property
Provisions for emergency access

Fees

Fees have been established as a flat rate for the application fee (where applicable), a space use rate for use of city property, and a flat rate for the Operator Permit. See table below for fees.

Item	Sidewalk	City Patio	PODS		Private Patio	Private Parking Lot
Application Fee	Included in Space Use Fee	$1,000	Mix & Match Roof: $1,500 No Roof: $1,000	Custom Per City Master Fee Schedule	$1,000	$1,000
Review Type	Ministerial Checklist	Ministerial Checklist	Ministerial Checklist	Planning Commission	Staff-Level Design Review	Staff-Level Design Review, typically
Review Costs	Included in Space Use Fee	Included in Application Fee	Included in Application Fee	Per City Master Fee Schedule	Per City Master Fee Schedule	Per City Master Fee Schedule
Required Permits and Costs (1)
Operator Permit (2)	YES	YES	YES	YES	YES	YES
Operator Permit (2)	Included in annual space use rate	$1,000	$1,000	$1,000	$1,000	$1,000
License Agreement	YES	YES	YES	YES	NO	NO
Space Use Fees	$200/table a year (Max of $1,000)	$12/sq.ft. per year	$48/sq.ft. per year	$48/sq.ft. per year	Not Applicable	One-time Parking In Lieu Fee (in PR District only)
Inspection Costs	Included in Space Use Fee	Included in Application Fee	YES	YES	YES	YES
Insurance Required (3)	YES	YES	YES	YES	NO	NO

Additional permit fees will be applied. The Outdoor Dining Fee Structure provides an overview of all fees and permits required. Additional fees for required permits (such as building and construction permits) may be applied. Information about permit fees and custom design fees is available in the Master Fee Schedule.

Central Contra Costa County Sanitation

Additional fees may apply from Central Costa County Sanitation based on additional square footage of PODS or outdoor dining space. See Central Contra Costa County Sanitary District Ordinance 324 for more info.

Outdoor Dining Options

The Outdoor Dining Program dining options include the following:

Permitted Outdoor Dining Structures (PODS)

This is a new option, borne out of the Rebound Program “pop-ups”. These are on-street structures, built and operating in public parking spaces.

PODS can be built with a roof or without for an open-air feel. To enhance visibility throughout the downtown, a PODS can have a roof only if an existing outdoor dining space does not have a roof (only one roof per outdoor dining space allowed). Also, to ensure equitable use of the public space, all PODS must be constructed only within the frontage of their business, not impeding onto a neighboring business.

Two options are available for the design of PODS: Mix & Match and Custom.

Mix & Match

Under this design option, elements of PODS are pre-approved. The restaurant or bar choosing this option just selects from the pre-approved elements, mixing-and-matching to suit their business’ brand.

Certain elements must be included, including a concrete perimeter for safety and planters for the overall downtown aesthetic. The design options are laid out in the PODS Mix & Match Design Guidelines. Engineering plan sets to accompany the PODS Mix & Match will also be provided, to give direction to your architect or engineer. See the PODS Mix & Match Submittals Packet for details.

Custom

If a business chooses to go the Custom route, they can certainly do so. However, with the customized design a review by City staff and the Design Review Commission will be required.

The elements of a concrete perimeter and planters are also required in the Custom design option.

City-owned Dining Patios

Outdoor dining patios located on city property, typically on a sidewalk, with a fenced barrier (allowing for alcohol service with ABC License). Not to be confused with Sidewalk Dining (below), which does not have a fenced barrier.

As with any built structure, engineering plan sets and building permits will be required. City-owned Dining Patios will require city staff review, and depending on the complexity of the design, may require review by the Design Review Commission. See the City Patio Submittals Packet for details.

Private Dining Patios

Outdoor dining patios with a fenced barrier (allowing for alcohol service with ABC License) and located on private property. They are typically located on a sidewalk. Not to be confused with Sidewalk Dining (below), which does not have a fenced barrier.

As with any built structure, engineering plan sets and building permits will be required. Private Dining Patios will require city staff review, and depending on the complexity of the design, may require review by the Design Review Commission.

Privately-owned Parking Lot Dining Patios

Another new option borne from Rebound is the opportunity to provide dining within private parking lots. The parking lot must be adjacent to the restaurant or bar to use this option.

As a built structure in a parking lot, safety regulations to protect diners from surrounding vehicles will be imposed. Additionally, engineering plan sets and building permits will be required.

PODS Mix & Match

Under this design option, elements of PODS are pre-approved. The restaurant or bar choosing this option just selects from the pre-approved elements, mixing-and-matching to suit their business’ brand.

Certain elements must be included, including a concrete perimeter for safety and planters for the overall downtown aesthetic. The design options are laid out in the PODS Mix & Match Design Guidelines. Engineering plan sets to accompany the PODS Mix & Match will also be provided, to give direction to your architect or engineer.

PODS Custom

If a business chooses to go the Custom route, they can certainly do so. However, with the customized design a review by City staff and the Design Review Commission will be required.

The elements of a concrete perimeter and planters are also required in the Custom design option.

Sidewalk Dining

Getting Started

Complete the online, Outdoor Dining Application to get started.

Should you require any assistance with the online form, or require a paper form, please contact us at outdoordining@walnut-creek.org or 925-943-5899 x2469.

Resources

Contact Us

Please contact us with any questions at outdoordining@walnut-creek.org or 925-943-5899 x2469.

City of Walnut Creek

Outdoor Dining Program