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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