HomeMy WebLinkAboutCC Resolution 15136 (Streetaries Outdoor Eating Areas Standards and Fees)1
RESOLUTION NO. 15136
RESOLUTION APPROVING THE STREETARY PROGRAM DESIGN AND DEVELOPMENT
STANDARDS AND FEES UNDER THE STREETARIES ORDINANCE, CHAPTER 11.70 OF
THE SAN RAFAEL MUNICIPAL CODE.
WHEREAS, on September 19, 2022, the City Council introduced a new ordinance
adding Chapter 11.70 “Streetaries” Outdoor Eating Areas to Title 11 (Public Works) of the San
Rafael Municipal Code (SRMC); and
WHEREAS, on October 3, 2022, the City Council adopted the new “Streetaries”
Ordinance; and
WHEREAS, under the newly-enacted Section 11.70.070 of the SRMC – Design and
development standards, “The city council shall, by separate resolution, adopt design and
development standards regulating the form, design, safety and maintenance of streetaries. The
director may, from time to time, make minor modifications to the design and development
standards.”; and
WHEREAS, under the newly-enacted Section 11.70.040 of the SRMC – Fees, “Each
permit application shall be accompanied by a permit application fee. Prior to permit issuance,
the permittee shall pay an annual encroachment lease fee and a one-time, refundable deposit.
Fees shall be in amounts established by separate resolution of the City Council.”; and
WHEREAS, the City Council wishes to establish safe and aesthetic design standards
and a fee schedule with consideration of the need to revive the challenged dining industry; and
WHEREAS, the City Council recognizes the economic challenges facing local
businesses, particularly restaurants, and wishes to support the streetaries as they transition into
the new program established by the Streetaries ordinance.
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES as follows:
1. The Streetary Program Design and Development Standards attached to the Staff Report
accompanying this Resolution are hereby adopted as the design and development
standards regulating the form, design, safety and maintenance of streetaries, in
accordance with Section 11.70.070 of the SRMC.
2. The following fees for the Streetary Program are hereby established, in accordance with
Section 11.70.040 of the SRMC:
Fee Amount Timeline
Application fee $2,000 (one time) Fee waived until December 31, 2023
Annual
Encroachment
Lease fee
$3,600 per parking
space
Fee waived until June 1, 2023.
Between June 1, 2023 and May 30, 2024: Fee discount
of 50% applies.
Between June 1, 2024 and May 30, 2025: Fee discount
of 25% applies.
Beginning June 1, 2025: 100% of fee applies (no
discounts or waivers)
Deposit $2,000 (one time)
Fee due prior to the start of construction for new
streetaries or before application is accepted for existing
streetaries.
3. Staff are directed to add the Streetary Program fees to the City of San Rafael Master
Fee Schedule.
4. Funds will be transferred from the General Fund to the Parking Fund #501 using
American Rescue Plan Act (ARPA) funds to compensate for lost revenue from the fee
waivers through FY 2024-25. Transfers will be calculated annually based on the number
of parking spaces utilized by streetaries.
I, Lindsay Lara, 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 City Council
of said City held on Monday, the 3rd of October 2022 by the following vote, to wit:
AYES: Councilmembers: Bushey, Llorens Gulati & Mayor Pro Tem Kertz
NOES: Councilmembers: None
ABSENT: Councilmembers: Hill & Mayor Kate
Lindsay Lara, City Clerk