Outdoor Dining and Streetaries

All Streetary structures and operators must:

• Apply for a Permit and Pay City Fees and Deposits: Including application fees, annual encroachment lease fees, and refundable deposits.
• Meet Insurance and Design Standards: As specified by the program guidelines.
• Secure Necessary Permits: Obtain a valid permit from the City.

Non-compliant structures will be required to be removed, ensuring a safe and vibrant public right-of-way.

Any person desiring to erect, construct, place or maintain an encroachment upon any existing parking spaces within the public right-of-way for a streetary must first obtain an annual streetary encroachment permit. 

To apply for an annual Streetary Encroachment Permit: 

1. Review and become familiar with the City of San Rafael Streetary Program Guidelines and Design and Development Standards. 

1. Download and complete the Annual Streetary Encroachment Permit Application form. 

1. Gather and prepare required documents listed on page 2 of the permit application form. 

1. Submit application online through eTRAKiT. 

1. Visit (link to eTRACKiT). 

1. If new user, follow instructions to create new user account. (link to instructions). 

1. If existing account holder, or after create new account, apply for new encroachment permit. See instructions for guidance on how to apply for encroachment permit. (link to instructions) 

1. Permit Type = Encroachment Online ; Permit Subtype = Streetary 

1. Upload the Annual Streetary Encroachment Permit Application form and required submittals. 

1. City staff will review the application and contact the applicant re: next steps. 

The table below outlines fees that are required to obtain a Streetary permit:

All Sidewalk Dining structures and operators must:

• Apply for a Licensing Agreement and Pay City Fees: Including application fees, and any other applicable fees
• Meet Insurance and Design Standards: As specified by the program guidelines.

Non-compliant structures will be required to be removed, ensuring a safe and vibrant public right-of-way.

Sidewalk Dining is governed by San Rafael municipal codes to safety, ensure consistency, and community aesthetics:

• Licensing Regulations: Chapter 14.16 of the San Rafael Municipal Code contains regulations on where and how outdoor dining can be established, ensuring that usage is appropriate for the public right-of-way.
• Design and Operation Standards: Chapter 14.17 of the San Rafael Municipal Code contains standards regulating the quality and safety of physical improvements and dining installations.

Restaurants planning to implement or continue outdoor dining are encouraged to review these chapters to ensure that all design and operational criteria are met.

Submittal Requirements

• General Application Form  

• Outdoor Dining License Agreement form completed as follows: 

• • Do not enter a date in the License Agreement form at the top as it will be dated when it is signed by the Community and Economic Development Director.  

• • Enter “Licensee” in the first paragraph with name of business owner and type of business entity (e.g., “John Jones, an individual, dba The Widget Shop,” or “XYZ, Inc., a corporation,” or “348 Broad Street LLC, a limited liability corporation,” or “Jones and Jones, a partnership,” or “Small Investments, a limited partnership.”)   

• • Complete section A & B.14  

• • Sign the last page of the Agreement. 

• Copy of Fictitious Business Name Statement. 
• Copy of insurance certificates AND separate endorsement forms meeting City requirements, as specified in Section B.10 of the Agreement.
• Site Plan with six (6) copies showing location of outdoor seating including:  

• • Number of tables and other personal property  

• • Removable improvements for which approval is sought 

• • Details of proposed tables and chair furnishings, barrier enclosures, etc. proposed for the outdoor area 

• • All adjacent sidewalk improvements within 10-feet of the edge of the seating area such as trees, tree grates, and parking meters.  

• • Minimum of six-foot or wider sidewalk clearance maintained between edge of seating area barrier and nearest barrier/curb, which is required to provide minimum clearances necessary for safe and efficient pedestrian circulation 

• • Label a site plan “Exhibit A” and attach it to the License Agreement. 

• • Note: Furnishings, barriers, etc. shall not be placed upon or in a manner that obstructs access to public sidewalk improvements.  

• One-time License Agreement fee of $_______ (current fee per Fee Resolution).