REPORT TO THE CITY COUNCIL
August 21, 2014
FROM: JENNIFER K.CLARK, AICP, Director
Development and Resources Management
BY: MIKE SANCHEZ, Assistant Director
Development and Resources Management
SUBJECT
Title
BILL - (For introduction) - Consider repealing Section 12-328 of the Fresno Municipal Code and adding Article 22 of Chapter 12 to the Fresno Municipal Code relating to outdoor dining
Body
RECOMMENDATION
Staff recommends the Council take the following action:
1. Approve the ordinance bill of the City Council repealing Section 12-328 of the Fresno Municipal Code and adding Article 22 of Chapter 12 to the Fresno Municipal Code relating to outdoor dining.
EXECUTIVE SUMMARY
On March 6, 2014, the City Council, through Ordinance Bill 2014-17, approved Text Amendment No. TA-13-006 relating to the use of outdoor dining areas within street easements and rights-of-way, without requiring a special permit for certain uses. In efforts to enhance permit processing the attached ordinance bill was drafted to clarify some administrative procedures relating to right-of-way encroachment and the necessity of recorded agreements. This bill will simplify the process for all businesses whether they own or lease the property and will allow for encroachment on City owned space without obtaining any permit or encroachment agreement subject to certain requirements. There is clarifying language to include lessee, tenants and legal occupants of the building to eliminate ownership issues.
BACKGROUND
The proposed ordinance bill has been drafted to address specific concerns related to the outdoor dining ordinance that was enacted in March of 2014. During its early inception, concerns were raised regarding the recordation of an agreement as well as the extent of encroachment into the right-of-way. City staff has drafted the attached ordinance that addresses these concerns and would still allow for the timely p...
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