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HomeMy WebLinkAboutCC Resolution 15468 (Establishment of Mobile Food Vending Program and Revised Ordinance)RESOLUTION NO. 15468 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADDING MOBILE VENDING PERMIT PROGRAM FEES TO THE CITY’S MASTER FEE SCHEDULE FOR FISCAL YEAR 2025-2026 WHEREAS, the City of San Rafael (City) seeks to establish a mobile vending permit program to regulate the sale of food, goods, and merchandise to protect public health and safety; and WHEREAS, the City will incur costs in the process of regulating mobile vendors, including the cost of reviewing and processing mobile vending permit applications as well as inspecting mobile vendors for compliance with permitting requirements; 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, most recently through Resolution No. 15421; and WHEREAS, City staff calculated the fee amounts identified in Exhibit A (and described in the staff report accompanying this resolution) in accordance with the requirements of State law; and, WHEREAS, the proposed revised mobile vending 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 do not exceed the reasonable regulatory costs in issuing permits, performing inspections, and administrative enforcement thereof. WHEREAS, adoption of this MOU is exempt from environmental review pursuant to California Environmental Quality Act Guideline 15061(b)(3); and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael does hereby find that the foregoing recitals are true and correct, approve and authorize the adoption of “Mobile Vending Permit” fees in the Fiscal Year 2025-2026 Master Fee Schedule, as reflected in Exhibit A attached hereto, to be effective immediately. 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 October 20, 2025, by the following vote, to wit: AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: None Lindsay Lara, City Clerk 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% 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% Mobile Vending Permit Application Flat Fee $ 25 13% Mobile Vending Annual Permit Flat Fee $ 25 10% Ci t y of San Raf ael Pl anni ng Servi ces Service Name Fee Description Fee Recovery % Mobile Vending Appeal Flat Fee 202$ 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.