HomeMy WebLinkAboutCC Resolution 15450 (Streetary and Sidewalk Dining Program Fees Updates)RESOLUTION NO. 15450
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL REVISING “STREETARY” AND
“OUTDOOR (SIDEWALK) DINING” FEE CATEGORIES, DESCRIPTIONS, AND
STRUCTURES IN THE CITY’S MASTER FEE SCHEDULE FISCAL YEAR 2025-2026
AND AUTHORIZING ECONOMIC INCENTIVES
WHEREAS, in December 2022, following a comprehensive fee study, the City
Council adopted Resolution 15178, a resolution authorizing updates to its Master Fee
Schedule, which has subsequently been updated and reaffirmed through Resolution
15421; and
WHEREAS, on October 3, 2022, the City Council adopted Ordinance 2016, which
added Chapter 11.70 (“Streetaries”) to Title 11 of the SRMC, outlining requirements for
the provision of outdoor dining space in City parking spaces by restaurants; and
WHEREAS, on October 3, 2022, the City Council adopted Resolution 15136 which
established Streetary program fee amounts of $2,000 for a one-time Application Fee
(calculated at cost offset levels for staff time), $2,000 for a one-time Deposit held by the
City (if needed to pay for Streetary removal and reinstatement of the public right of way),
and a $3,600 Encroachment Lease Fee per parking space (calculated on the basis of
average annual revenue from parking meters downtown in 2019); and
WHEREAS, Resolution 15136 also established a timeline of periods during which
the Application Fee would be waived (until December 31, 2023), and the Encroachment
Lease Fee would be waived (until June 1, 2023) or discounted (50% between June 1,
2023 - May 30, 2024 and 25% between June 1, 2024 - May 30, 2025); and
WHEREAS, City staff propose revising the City’s “Streetary” and “Outdoor
(Sidewalk) Dining” fee categories, descriptions, and fee structures in order to reduce the
financial burden on current or prospective Streetary or Outdoor Dining program
participants and offering a companion credit to encourage economic activity and vitality;
and
WHEREAS, in December 2023 and again in early 2025, staff communicated with
eight Streetary operators to assess challenges that hampered participation with the
formalized 2022 Streetary program, and those operators identified challenges primarily
related to the fee structure and insurance requirements; and
WHEREAS, on May 20, 2025, the Mayor hosted a listening session for current and
prospective Streetary operators, during which businesses cited program fees and the
costs associated with bringing existing Streetary structures into compliance with
standards as primary impediments to program participation and compliance; and
WHEREAS, City staff calculated the fee amounts identified in Exhibit A (and
described in the staff report accompanying this resolution) based upon stakeholder
feedback and in accordance with the requirements of State law; and,
WHEREAS, the proposed revised Streetary fees do not qualify as a “tax” as set
forth in Proposition 26 (California Constitution Article XIII C, Section 1(e)) since the fee
amounts: (a) do not exceed the proportionate reasonable cost to the City in providing the
service or program to the person paying the fee, and (b) do not exceed the value of City
property used by the person paying the fee.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San
Rafael does hereby approve and authorize the revision of “Streetary” and “Outdoor
(Sidewalk) Dining” fees in the Fiscal Year 2025-2026 Master Fee Schedule, as reflected
in Exhibit A attached hereto, to be effective immediately and hereby authorizes the City
Manager or designee to apply a 50% discount to the encroachment lease fee as an
economic incentive for Fiscal Year 2025-26 and 2026-27 and for those businesses that
have already paid the higher fees, to offer a credit on their fees for Fiscal Year 2026-27
that does not exceed the delta between the amount of the fee paid and the fee for Fiscal
Year 2025-26.
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 the City of San Rafael, held on the 18th day of August 2025, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
Councilmembers: Hill, Kertz, Llorens Gulati & Vice Mayor Bushey
Councilmembers: None
Councilmembers: Mayor Kate
_________________
Lindsay Lara, City Clerk
EXHIBIT A
Ci t y of San Raf ael
Pl anni ng Servi ces
Service Name Fee Description Fee Recovery %
Streamlined Housing Development
SB 330 Application Deposit + Hourly 2,242$ 100%
SB 9 Housing Development Application Deposit + Hourly 6,061$ 100%
SB 9 Lot Split Flat Fee 14,465$ 100%
SB 35 Housing Development Application Deposit + Hourly 15,910$ 100%
Subdivision
Lot Line Adjustment & Merger Flat Fee 6,530$ 100%
Small Subdivision Flat Fee 14,465$ 100%
Tentative Map / Subdivision Map Deposit + Hourly 18,905$ 100%
Map Amendment and Extensions Flat Fee 8,420$ 100%
Certificates of Compliance Flat Fee 6,065$ 100%
Exception (Subdivision Ordinance)Flat Fee 7,266$ 100%
Planning Policy
General Plan Amendment Deposit + Hourly 19,229$ 100%
Development Agreement Deposit + Hourly 30,748$ 100%
Rezoning/Pre-Zoning/Preannexation Deposit + Hourly 19,229$ 100%
Planned Development District Deposit + Hourly 20,292$ 100%
Use Permit
Use Permit – Administrative/Temporary Flat Fee 1,977$ 100%
Use Permit - Zoning Administrator Deposit + Hourly 2,910$ 60%
Use Permit - Planning Commission Deposit + Hourly 9,475$ 100%
Variances
Minor Variance - Zoning Administrator Flat Fee 4,556$ 100%
Variance - Planning Commission Flat Fee 9,475$ 100%
Reasonable Accommodation Request Flat Fee 1,036$ 26%
Exception (Zoning)Flat Fee 1,977$ 100%
Exception (Hillside)Flat Fee 2,948$ 100%
Environmental and Design Review
Environmental and Design Review (Administrative)Deposit + Hourly 3,158$ 100%
Environmental and Design Review - Zoning Administrator Deposit + Hourly 6,061$ 100%
Environmental and Design Review – Planning Commission Deposit + Hourly 16,287$ 100%
Sign Review
Sign Review – Staff Flat Fee 268$ 100%
Sign Program – Minor (Staff)Flat Fee 1,503$ 100%
Sign Program – Major (Planning Commission)Flat Fee 8,640$ 100%
Sign Review – Minor Exception Flat Fee 1,503$ 100%
Sign Review – Major Exception Flat Fee 8,640$ 100%
Temporary Banner Permit Flat Fee 201$ 100%
Appeal Fees
Appeal to Planning Commission Filing Fee Flat Fee 376$ 5%
Appeals Planning Commission Deposit + Hourly 5,374$ 65%
Appeal to City Council Filing Fee Flat Fee 376$ 4%
Appeals to City Council Deposit + Hourly 5,374$ 57%
California Environmental Quality Act Review
Negative Declaration Deposit + Hourly 18,980$ 100%
Environmental Impact Report Deposit + Hourly Consultant Cost +25%100%
Monitoring of Mitigation Measures And Conditions of Approval Deposit + Hourly 6,956$ 100%
Other Planning Services
Misc. Staff Time Hourly Rate / Planning Manager3 FBHR 272$ 100%
Misc. Staff Time Hourly Rate / Principal Planner3 FBHR 215$ 100%
Misc. Staff Time Hourly Rate / Associate Planner3 FBHR 172$ 100%
Misc. Staff Time Hourly Rate / Assistant Planner3 FBHR 172$ 100%
Pre Application Meeting/Letter Flat Fee 2,241$ 30%
Outdoor Dining and/or Streetary Site Inspection and Insurance Review Fee 1 Flat Annual Fee 310.00$
Licensing Agreement (Outdoor Dining)Flat Fee 1,845$ 100%
Certificate of Appropriateness for Alteration of Historic Structure Deposit + Hourly 10,269$ 100%
Certificate of Public Convenience and Necessity for Alcoholic Beverage License Deposit + Hourly 3,216$ 100%
Neighborhood Meeting Deposit + Hourly 3,005$ 100%
Contract Planner/Consultant Administration Deposit + Hourly Consultant Cost +10%100%
Building Permit - Plan Checks % of Permit Fee 20%100%
Planning/Zoning Research Per Hour 169$ 100%
General Plan Mainteance Fee % of Permit Fee 35%100%
Planning Review of Building Permits - Multi-Family % of Permit Fee 10%50%
Planning Review of Building permits - All Others % of Permit Fee 20%100%
Specialized Consultant - Including Archaeology Referral Deposit + Hourly Consultant Cost +10%100%
Zoning Verification Letter Per 1.5 Hours 252$ 100%
Small Wireless Facilities Deposit + Hourly 5,342$ 100%
Wireless Communication Facilities Flat Fee 1,075$ 100%
Footnotes
FBHR = Fully Burdened Hourly Rate For Staff Positions (Applicable Average Salary + Fringe Benefits + 10% Overhead Rate)
Note: Multiple application discount: when multiple applications are filed simultaneously, a 25% discount on each deposit-based application type will apply.
Deposit + Hourly = Applicant is to pay all City costs, including FBHR based on the time staff spends on the project, 100% of consultant costs,
which include but not limited to environmental conultants, archaeologists, outside legal councel, contract planners, etc. and materials. The initial
deposit is listed in the Fee Column.
1. One Inspection and Insurance Review Fee will apply in instances where Outdoor Dining and Streetary operations require insurance reivew.
Ci t y of San Raf ael
Publ i c Works Servi ces
Service Name Fee Description Fee
Document/Information Services
8.5" x 11"Per Page 0.15$
11" x 17"Per Page 0.20$
Public Records Request 1 Per Page 0.15$
Property Information Request Per Request 219$
Flood Plain Letter Response Per Response 238$
Custom Map/ Document Production FBHR True Hourly
Transportation Services
Oversize Load Review - Single Trip*Flat Fee 17$
Oversize Load Review - Annual*Flat Fee 97$
Oversize Load Review - Repetitive (6 Month Max)*Flat Fee 97$
Police Escort Services Base Fee Listed + FBHR, 2 hrs. min.366$
Utility/Special District Encroachment Permits
Encroachment Permit - Includes Review of 1 Traffic Control Plan (TCP)Flat Fee 1,036$
Each Additional Review of TCP Each 432$
Temporary Encroachment Permit 2
Small - Debris or Moving Boxes and Parking Changes Flat Fee 53$
Standard - All Other (Up to $20K of improvements/Infrastructure. Greater than $20k See Right-Of-
Way Improvements Section)Flat Fee 376$
Other Encroachment Permits
Minor Continuing Encroachment Permits Flat Fee 518$
Revocable License Agreements for Major Continuing Encroachment Flat Fee 2,560$
PW Review of Building and Planning Permit 3
Full Review 4 Per Review 477$
Over the Counter Review Per Review 119$
Construction Inspection - Onsite Improvements When Required, Per Inspection 172$
Flood Zone Project Flat Fee 358$
E.12 Regulated Project/Stormwater Control Plan Flat Fee 1,193$
Consultant 3rd Party Review Flat Fee Actual Cost + 20%
Admin. Fee
City Surveyor Review Flat Fee Consultant Actual Cost +
20% Admin. Fee
Parcel Map Plan Check (Minor Subdivision)Deposit + Hourly 1,193$
Final Map Plan Check (Major Subdivision)Deposit + Hourly 1,908$
Lot Line Adjustment Review Deposit + Hourly 1,193$
Tentative Map Review Deposit + Hourly 1,908$
Easement Review Deposit + Hourly 1,193$
Right-of-Way Improvements/Infrastructure - Plan Checking and Inspection
$0 - $20k Cost of Improvements Flat Fee See Temp. Encroachment
Permits Section
$20k - $50k Cost of Improvements Flat Fee 649$
$50k - $100k Cost of Improvements Flat Fee 1,299$
$100k+ Cost of Improvements Deposit + Hourly 5,195$
Grading Permits - Plan Check and Inspections (includes NPDES)
Permit and Plan Check Flat Fee 822$
Seasonal Grading Inspections (Rain Seasons)Per Rainy Season (Oct 15 - Apr 15)1,643$
Water Use Permits
Water Course Permits Flat Fee 477$
Tide Land Permits - Dredged Material Flat Fee 649$
Tide Land Permits - Other Tidelands Permits Deposit + Hourly 649$
Streetary Permits
Application Fee Flat Fee
1,845.00$
Annual Encroachment Lease Fee (per parking space)Flat Annual Fee 3,785$
Site Inspection and Insurance Review Fee Flat Annual Fee 310$
Deposit Flat Fee 2,103$
Special Studies
Special Studies (Reimbursement)Flat Fee Actual Cost + 20%
Surcharge
Other Fees
Special Event Setup Flat Fee Actual Cost of Labor &
Materials
Special Event Traffic Control Plan Flat Fee Staff Time Actual Cost
Footnotes
FBHR = Fully Burdened Hourly Rate For Staff Positions (Applicable Average Salary + Fringe Benefits + 10% Overhead Rate)
*Set by the State
1 . Public Records Request fees may be waived at the City's sole discretion for requests totaling fewer than 50 pages per request.
2. Temporary Encroachment Permit Fees: there is no charge for debris boxes if placed on private property.
4. Fee is per review. Fee may be charged several times if there are multiple reviews of the project.
Deposit + Hourly = Applicant is to pay all City costs, including FBHR based on the time staff spends on the project, 100% of consultant costs,
which include but not limited to environmental conultants, archaeologists, outside legal councel, contract planners, etc. and materials. The initial
deposit is listed in the Fee Column.
3. PW Review of Building & Planning Permit - All planning and building permit submissions may be referred to third-party review by an external consultant or the City
Surveyor at the discretion of Department of Public Works staff. The applicant is responsible for reimbursement of any fees accrued by external consultants or City Surveyor.
Current Fee