HomeMy WebLinkAboutCC Resolution 11766 (Outdoor Dining Facilities)RESOLUTION NO. 11766
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ESTABLISHING A LEGALIZATION
INCENTIVE PROGRAM, REDUCING PLANNING APPLICATION FEES FOR OUTDOOR DINING
FACILITIES ON PUBLIC PROPERTY IN THE DOWNTOWN AREA FOR A SIX MONTH PERIOD.
WHEREAS, Policies NH -29 and NH -33 of General Plan 2020 encourage the establishment of outdoor
eating facilities to invigorate the pedestrian experience and increase nighttime activity in the
Downtown area; and
WHEREAS, Section 14.16.277 was added to the San Rafael Municipal Code in April, 2000, to require
the issuance of license agreements to authorize the use of City sidewalks and rights-of-way for
outdoor dining facilities, both to establish standards for the safe use of such facilities and to limit City
liability for private use of public property; and
WHEREAS, nine establishments with outdoor dining on public property have secured license
agreements since adoption of the regulations in Section 14.16.277; and
WHEREAS, approximately thirteen establishments have outdoor dining facilities on public property
without required license agreements and liability insurance and four establishments were approved
prior to the licensing and insurance requirements; and
WHEREAS, the cost of application for a license agreement and design review of outdoor
improvements is $833, which can be perceived as a disincentive to legalize such facilities; and
WHEREAS, it is in the public interest to legalize such outdoor dining facilities on public property to
reduce potential liability to the City, to assure compliance with City standards for such uses and to
achieve the policy direction in the General Plan to encourage such uses in the Downtown area,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Rafael that the
Planning Division fees set forth in the Master Fee Schedule (Resolution 11670) for processing
applications for an Outdoor Dining License Agreement and the related Administrative Design Review
Permit shall be changed from their currently specified amounts of $586 and $247, respectively, to the
reduced amounts of $283 and $123.50, respectively, for the six month period ending December 6,
2005, after which period such fees shall return to their currently specified amounts.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting of the Council of said City on
Monday, the sixth day of June, 2005, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE N�EM.EONCI1, City Clerk
O"66