HomeMy WebLinkAboutOrdinance 1751 (Seasonal Outdoor Eating Areas)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio
Clerk of the Council of said City, do hereby certify that the foregoing Charter
Ordinance No. 1751 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO AMEND
TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING
ORDINANCE) SECTION 14.03.030 (ZONING DEFINITIONS) TO REVISE THE
DEFINITION OF SEASONAL OUTDOOR EATING AREA; AMEND THE TABLE OF LAND
USE REGULATIONS (SECTIONS 14.05.020, 14.05.022, 14.06.020 AND
14.08.020) TO REQUIRE ADDITIONAL SITE AND USE REGULATIONS FOR
OUTDOOR EATING AREAS WITHIN PUBLIC RIGHTS-OF-WAY; AMEND SECTION
14.17.110 SUBSECTIONS A AND B TO PROVIDE FOR A LICENSE AGREEMENT OR
LEASE AGREEMENT FOR USE OF CITY SIDEWALKS AND RIGHTS-OF-WAY FOR
OUTDOOR EATING AREAS; AMEND SECTION 14.17.110 SUBSECTION C TO AMEND
PERFORMANCE STANDARDS FOR OUTDOOR EATING AREAS; AMEND SECTION
14.25.040 TO REQUIRE DESIGN REVIEW FOR OUTDOOR EATING AREAS; AND TO
AMEND SECTION 14.25.140 TO CONFIRM THAT NO PROPERTY RIGHTS ARE
CONFERRED BY ADMINISTRATIVE DESIGN PERMIT FOR OUTDOOR EATING AREAS
ON CITY SIDEWALKS'
is a true and correct copy of an Ordinance of said City and was introduced at a
REGULAR meeting of the City Council of the City of San Rafael, held on the 17th day
of APRIL, 2000, published as required by City Charter in the MARIN INDEPENDENT
JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as
an ordinance of said City at a REGULAR meeting of the City Council of said City held
on the 1st day of MAY, 2000, by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
WITNESS my hand and the official seal
of the City of San Rafael this
2nd day of MAY, 2000.
NIE
JEA M. LEONCINI`, City Clerk
ORDINANCE NO. 1751
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL TO AMEND TITLE 14 OF THE SAN RAFAEL MUNICIPAL
CODE (CITY OF SAN RAFAEL ZONING ORDINANCE) SECTION
14.03.030 (ZONING DEFINITIONS) TO REVISE THE DEFINITION OF
SEASONAL OUTDOOR EATING AREA; AMEND THE TABLE OF
LAND USE REGULATIONS (SECTIONS 14.05.020,14.05.022,14.06.020
AND 14.08.020) TO REQUIRE ADDITIONAL SITE AND USE
REGULATIONS FOR OUTDOOR EATING AREAS WITHIN PUBLIC
RIGHTS OF WAY; AMEND SECTION 14.17.110 SUBSECTIONS A
AND B TO PROVIDE FOR A LICENSE AGREEMENT OR LEASE
AGREEMENT FOR USE OF CITY SIDEWALKS AND RIGHTS-OF-
WAY FOR OUTDOOR EATING AREAS; AMEND SECTION 14.17.110
SUBSECTION C TO AMEND PERFORMANCE STANDARDS FOR
OUTDOOR EATING AREAS; AMEND SECTION 14.25.040 TO
REQUIRE DESIGN REVIEW FOR OUTDOOR EATING AREAS; AND
TO AMEND SECTION 14.25.140 TO CONFIRM THAT NO
PROPERTY RIGHTS ARE CONFERRED BY ADMINISTRATIVE
DESIGN PERMIT FOR OUTDOOR EATING AREAS ON CITY
SIDEWALKS
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
WHEREAS, on September 14, 1999, the Planning Commission held a duly noticed Public
Hearing on the City -initiated proposed amendments to City of San Rafael Zoning Ordinance for
the regulation of Outdoor Eating Areas and recommended to the City Council approval of the
proposed Zoning Ordinance amendments; and
WHEREAS, on October 4, 1999, the City Council held a duly noticed Public Hearing on the
City -initiated proposed amendments to City of San Rafael Zoning Ordinance for the regulation
of Outdoor Eating Areas and recommended further refinements to the proposed Zoning
Ordinance amendments; and
WHEREAS, on January 11, 2000, the Planning Commission held a duly noticed Public Hearing
on the City -initiated proposed amendments to City of San Rafael Zoning Ordinance for the
regulation of Outdoor Eating Areas and recommended to the City Council approval of the
proposed Zoning Ordinance amendments; and
WHEREAS, on February 7, 2000, the San Rafael City Council held a duly noticed Public
Hearing on the City -initiated proposed amendments to City of San Rafael Zoning Ordinance for
the regulation of Outdoor Eating Areas and recommended further refinements pertaining to
design review for outdoor eating areas; and
WHEREAS, on April 17, 2000, the San Rafael City Council held a duly noticed hearing on the
proposed amendments as required by State law and has considered all written correspondence,
verbal testimony and the staff report relevant to the proposed amendments; and
WHEREAS, the proposed Zoning Ordinance amendment qualifies for an exemption from the
California Environmental Quality Act (CEQA), pursuant to the City of San Rafael
Environmental Assessment Procedures Manual adopted by the City as it consists of a Zoning
Ordinance text amendment; and
WHEREAS, the City Council adopts the following findings in support of the amendment as
required under Zoning Ordinance Section 14.27.060:
1. The proposed amendment is consistent in principle with the General Plan which
encourages outdoor seating, especially in the downtown area as specified under
General Plan Policy DT -19 ("Overall Pedestrian Environment").
2. The public health, safety and general welfare are served by the adoption of the
proposed amendment.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1:
Title 14, Chapter 14.03, Section 14.03.030 of the San Rafael Municipal Code ("Definitions") is
amended to change "Seasonal outdoor eating area" to "Outdoor eating area," and the text of the
definition is amended to read as follows:
Outdoor eating area: Any outdoor eating area used in conjunction with a food service
establishment.
DIVISION 2:
Title 14, Sections 14.05.020, 14.06.020 and 14.08.020 of the San Rafael Municipal Code (table
of "Land Use Regulations") are amended to change "Seasonal outdoor eating areas" to "Outdoor
eating areas," and the text in the related "Additional Use Regulations" column is amended to
read as follows:
For outdoor eating areas on private property see Section 14.17.110 Standards.
For outdoor seating areas located on City sidewalks or rights-of-way, see Section
14.16.277 Standards.
DIVISION 3:
Title 14, Section 14.05.022 of the San Rafael Municipal Code (table of "Land Use Regulations")
is amended to change "Seasonal outdoor eating areas (6)" to "outdoor eating areas (6)," and the
related footnote (6) is amended to read as follows:
(6) For outdoor eating areas on private property see Section 14.17. 110 Standards.
For outdoor seating areas located on City sidewalks or rights-of-way, see Section
14.16.277 Standards.
DIVISION 4:
Chapter 14.17, Performance Standards, Section 14.17.110, Seasonal Outdoor Eating Areas
Proposed in Conjunction With Food Service Establishments, of the San Rafael Municipal Code
is amended to read as follows:
14.17.110 Outdoor Eating Areas Proposed in Conjunction With Food Service
Establishments
A. Purpose. The purpose of this section is to promote outdoor seating in conjunction
with food service establishments to enhance the pedestrian ambiance of the City.
Performance standards ensure that outdoor seating for restaurants and cafes does
not adversely impact adjacent properties and surrounding neighborhoods.
B. Applicability. Performance standards for outdoor eating areas proposed in
conjunction with restaurants or other food service establishments shall apply in
any zoning district where food service establishments are permitted uses (as of
right or by conditional use permit). Compliance with performance standards for
outdoor eating areas shall be reviewed by an administrative use permit process for
any existing food service establishment. In cases where the restaurant or food
service establishment is being proposed as a new use and is subject to a
conditional use permit in the zoning district in which it is located, the
performance standards shall be incorporated into the required use permit process.
Notwithstanding the foregoing, any outdoor eating area located on City sidewalks
or rights-of-way shall not be subject to the administrative use permit or use permit
process, but shall be regulated as provided in Chapter 14.16, Site and Use
Regulations, Section 14.16.277 and in Chapter 14.25, Design Review Permits,
Section 14.25.040 CA Administrative Design Permits.
DIVISION 5:
Chapter 14.17, Performance Standards, Section 14.17.110, Seasonal Outdoor Eating Areas
Proposed in Conjunction With Food Service Establishments, Subsection C, Standards, of the San
Rafael Municipal Code is amended by deleting subsection C(11), and revising subsections C(4),
C(5), C(6), and C(9) to read as follows:
4. Parkina. Parking shall be provided for all permanently covered outdoor seating areas
located outside of the Downtown Parking Assessment District in accordance with
parking standards in Section 14.18.040 (Parking Standards).
5. Barriers. If perimeter barriers are proposed around the outdoor eating area,
approvals from the Community Development and Public Works Departments shall
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be required. Perimeter barriers shall be temporary/movable fixtures unless the
sidewalk has been expanded to accommodate an outdoor eating area. In areas where
the sidewalk has been expanded, a permanent barrier and/or structure can be
considered subject to terms and conditions of a License or Lease Agreement. If a
barrier is bolted to a public sidewalk and is subsequently removed, the sidewalk shall
be repaired subject to the review and approval of the Public Works Director.
6. Sunshades. Retractable awnings and umbrellas may be used in conjunction with an
outdoor eating area, but there shall be no permanent roof, or shelter over the
sidewalk cafe area unless the sidewalk has been previously expanded to
accommodate an outdoor eating area. Any awning, umbrella, permanent roof or
shelter shall be adequately secured, and shall comply with the provisions of the
Uniform Building Code.
9. Maintenance. The sidewalk inside the outdoor eating area, the adjacent areas outside
of the eating area, and all appurtenances related thereto, shall be steam cleaned or
pressure washed on a quarterly basis, and shall be otherwise maintained at all times
in good repair and in a clean and attractive condition as determined by the
Community Development Director.
DIVISION 6: Chapter 14.16, Site and Use Regulations, is amended by adding the following
subsection:
14.16.277 Use of Citv Sidewalks and Rights-of-Wav for Outdoor Eating Areas
A. Notwithstanding any other provisions of this Title, the use of City sidewalks
or other City rights-of-way for outdoor eating areas is prohibited without a
license agreement between the adjacent food service establishment and the
City, which license agreement shall be in lieu of any environmental design
review permit, use permit, administrative use permit, encroachment permit or
other permit required for use of the City sidewalk or right-of-way for such
purpose.
B. Such license agreements shall be in a form approved by the City Attorney, and
shall include the applicable standards provided in Section 14.17.110(C),
indemnification of the City, and liability insurance naming the City as an
additional insured in an amount not less than $1,000,000 and in a form as
approved by the City's Risk Manager.
C. Such license agreement also shall be subject to such regulations hereafter
deemed necessary by the Community Development Director to protect the
public health, safety, and welfare, and as approved by Resolution of the City
Council.
D. Such license agreements may be approved by the Community Development
Director and may be revoked at the pleasure of the City Council.
E. The placement of outdoor seating area barriers shall allow a minimum six foot
wide clear pathway for sidewalks located within the public rights-of-way.
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F. In lieu of the aforementioned license agreement, the City Council may enter
into a lease agreement between the adjacent food service establishment at a
rate and term to be determined by the City Council, and as approved by
Resolution of the City Council.
DIVISION 7: Chapter 14.25, Design Review Permits, Section 14.25.040, (Improvements
Subject to Review) Subsection CA (Administrative Design Permits), is amended to read as
follows:
4. Outdoor eating areas.
DIVISION 8: Chapter 14.25, Design Review Permits, Section 14.25.140 (Approval to Run with
the Land), is amended to read as follows:
14.25.140 Approval to Run with the Land
Any Environmental and Design Review Permit approval shall run with the land and
shall continue to be valid for the time period specified whether or not there is a
change of ownership of the site or structure to which it applies. Notwithstanding the
foregoing, the issuance of administrative design review permits for outdoor eating
areas located on City sidewalks or City rights-of-way shall not confer any property
rights therein or otherwise encumber the City's property rights.
DIVISION 9: If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 10: This Ordinance shall be published once in full before its final passage in a
newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in
full force and effect thirty (30) days after its final passage. h
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RT J. I Mayor
Attest:
JEVjTNE M. LEONCINI, City Clerk
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The foregoing Ordinance Number 1751 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on 17th day of April, 2000, and ordered passed to print by the
following vote, to wit:
AYES: COUNCELMEMBERS: Cohen. Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
and will come up for adoption as an ordinance of the City of San Rafael at a regular meeting of the
Council to be held on the 1st day of May, 2000.
ccordoutdoor41700final
JEk M LEON *41, City Clerk
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