September 2022
of violation to the permittee. The notice of violation shall be served on the permittee, either in person or by first class mail. The notice shall indicate that the permit is subject to termination unless, within 30 days of service of the notice of violation, the violation is corrected or a hearing pursuant to this chapter is requested in writing. If the director or their designee determines that a permittee will not be able to continue to meet the requirements of this chapter because of a proposed public highway right-of-way improvement, the director or their designee shall notify the permittee, either in person or by first class mail, that the permit will be terminated within 30 days of service of the notice of termination.

Termination by Permittee

The Permittee may decide at any point in time that they no longer wish to operate a streetary. In this case, the Permittee is responsible for notifying the City in writing to streetary@cityofsanrafael.org on the earliest of the following:

  • at least 30 days prior to the renewal and annual fee payment deadline
  • at least 30 days prior to vacating the connected commercial property, or
  • within 7 days of going out of business

Within 30 days of providing written notice to the City or upon vacating the connected commercial property, whichever occurs first, the Permittee is responsible for removing the streetary and cleaning and restoring the parking space to its previous condition to the satisfaction of the City and at the streetary owner’s own expense. If the Permittee does not comply with the City’s requirements for removal, cleaning and restoration, the City retains the right to use the Deposit for such removal, cleaning, and restoration costs, and the balance of the deposit, if any, will be refunded.

Non-Transferrable

Permits shall only be issued to applicants with a valid business license issued by the City to operate a food service establishment directly adjacent to the parking spaces within the right-of- way for which a streetary encroachment permit is sought. A streetary permit is non-transferable.

Takeover by Landlord

If a permittee terminates their streetary encroachment permit and leaves their streetary in place or otherwise abandons the streetary, the landlord or property owner of the permittee’s adjacent business location may elect to take over the existing Streetary Encroachment Permit for a maximum period of 6 months or the period of time remaining on the annual Permit, whichever is less, provided that the Streetary is in full compliance with these Standards. Thereafter, the landlord or property owner taking over the Streetary must submit for and obtain a new Streetary Encroachment Permit, and pay all related fees (application and annual) and refundable deposit.

SRMC 11.70.080(D): Deviations from adopted standards for existing streetaries. For existing streetaries operating as of the effective date of this ordinance, where the director determines that the streetary will not be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood or injurious
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