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HomeMy WebLinkAboutResolution 2026-010RESOLUTION NO. 2026-010 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ESTABLISHING FEES RELATED TO OUTDOOR DINING FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY, INCLUDING SIDEWALK CAFÉS AND POCKET PATIOS AND UPDATING THE MASTER FEE SCHEDULE WHEREAS, the City of Chula Vista (“City”) is considering adoption of regulations establishing standards and permitting procedures for Outdoor Dining Facilities within the public right-of-way, including Sidewalk Cafés and Pocket Patios; and WHEREAS, the proposed Outdoor Dining regulations establish a ministerial encroachment permit process for temporary use and occupation of portions of the public right -of- way associated with Outdoor Dining Facilities; and WHEREAS, the proposed fee structure is intended to recover the City’s reasonable administrative, operational, site eligibility inspection, enforcement, and permit processing costs associated with review and administration of Outdoor Dining Facilities within the public right -of- way; and WHEREAS, the proposed fee structure establishes Sidewalk Café and Pocket Patio initial permit fees intended to recover costs associated with application intake, interdepartmental review, engineering and accessibility review, permit preparation, inspection of site eligibility, and permit issuance; and WHEREAS, the proposed fee structure also establishes Public Right-of-Way Occupancy Fees intended to provide fair compensation to the City for the temporary private commercial use and occupation of public property; and WHEREAS, the proposed fee structure establishes Sidewalk Café and Pocket Patio Annual Renewal Fees intended to recover ongoing administrative and operational costs associated with permit monitoring, compliance verification, insurance review, inspections, complaint response, and enforcement activities; and WHEREAS, the proposed fee structure also establishes a Parking Revenue Recovery Fee intended to offset projected public parking revenue losses associated with the conversion of parking spaces to Pocket Patios; and WHEREAS, the proposed fee structure includes Sidewalk Café and Pocket Patio permit fees, annual renewal fees, Public Right-of-Way Occupancy Fees, and Parking Revenue Recovery Fees where applicable; and Docusign Envelope ID: 8FE69D4A-974F-8A27-8382-C6775923B7DD Resolution No. 2026-010 Page No. 2 WHEREAS, the proposed fees include: • Sidewalk Café Initial Permit Fee: $1,250; • Pocket Patio Initial Permit Fee: $3,500; • Sidewalk Café Public Right-of-Way Occupancy Fee: $1.00 per square foot per month; • Pocket Patio Public Right-of-Way Occupancy Fee: $2.00 per square foot per month; • Sidewalk Café Annual Renewal Fee: $500 annually; • Pocket Patio Annual Renewal Fee: $1,250 annually; and • Parking Revenue Recovery Fee based upon projected parking revenue loss, where applicable, annually. WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed fees and related staff report and received and considered all oral and written testimony presented regarding the matter. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista, that it hereby recommends that the City Council adopt a resolution establishing fees associated with Outdoor Dining Facilities within the public right-of-way with the following amendments: 1. Deletion of the Sidewalk Café Initial Permit Fee, Sidewalk Café Annual Renewal Fee, and both Public Right-of-Way Occupancy Fees; 2. Add a $500 transfer fee upon a change in ownership of the restaurant business or property; and 3. Return to the Planning Commission and City Council after 2 years of implementation with a progress report. BE IT FURTHER RESOLVED by the Planning Commission of the City of Chula Vista that the proposed fee structure is reasonably related to the administrative, operational, inspection, enforcement, and public right-of-way occupancy impacts associated with Outdoor Dining Facilities. [SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: 8FE69D4A-974F-8A27-8382-C6775923B7DD Resolution No. 2026-010 Page No. 3 Presented by Approved as to form Roy Sapa’u Marco A. Verdugo Deputy City Manager/ City Attorney Director of Development Services PASSED, APPROVED, and ADOPTED by the Planning Commission of the City of Chula Vista, California, this 12th day of August 2026, by the following vote: AYES: Commissioners: Combs, Torres, and Leal NOES: Commissioners: None ABSENT: Commissioners: Jones, and Sanfilippo Rodrigo Leal, Chair ATTEST: Mariluz Zepeda, Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Mariluz Zepeda, Deputy City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2026-010 was duly passed, approved, and adopted by the Planning Commission at a regular meeting of the Planning Commission held on the 12th day of August 2026. Executed this 12th day of August 2026. Mariluz Zepeda, Deputy City Clerk Docusign Envelope ID: 8FE69D4A-974F-8A27-8382-C6775923B7DD For