Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Sidewalk Dining topic
No spam. Unsubscribe anytime.
Tiburon Council Introduces Sidewalk‑Dining Ordinance, Waives Initial Fee for Existing Operators
Summary
The council introduced a municipal code amendment to formalize sidewalk dining permits and voted to exempt existing operators from the $765 initial application fee, while keeping annual reinspection fees and an ADA‑compliance requirement. The ordinance was introduced by title and will return for adoption at the next meeting.
Tiburon Town Council on Monday introduced an ordinance to formalize sidewalk dining in downtown zoning districts and approved an amendment to the fee schedule exempting existing outdoor dining operators from the new one‑time $765 application charge.
Community Development Director Sher Me told the council the ordinance would create a single sidewalk‑dining permit to replace a patchwork of site‑plan, conditional‑use, encroachment and building permits, and stressed safety and accessibility as primary motivations. "The proposed ordinance would allow sidewalk dining in the main street and mixed‑use zoning districts with a sidewalk dining permit," Sher Me said.
The code change formalizes temporary outdoor activity agreements the town first authorized during the COVID era and sets a 12‑month permit with annual renewal and a $180 reinspection fee. Staff proposed a 30‑day application window for existing operators and up to 90 days to secure a permit; the ordinance also includes an administrative appeal to the planning commission for project‑specific conditions.
Businesses and property managers that spoke at the hearing urged a simple, predictable program and asked council for relief for six operators that have used outdoor dining under prior COVID resolutions. Robert Brown of ANC Ventures and multiple restaurateurs warned that an upfront fee could be burdensome; Patra Hickby, a Main Street operator, told the council roughly 60% of her annual revenue comes from outdoor dining.
Several council members and the mayor emphasized support for downtown businesses while balancing the town’s obligation to manage public right‑of‑way and ensure ADA compliance. Andrew Thompson, a local resident, told the council, "I support your move to do this. I support staff's work on clarifying this."
After debate, the council introduced the ordinance by title (unanimous roll call) and then approved a separate resolution to establish fees but amended that resolution to exempt restaurants with existing outdoor facilities from the $765 up‑front application fee; that amendment passed 3–1. The ordinance itself was introduced for a second reading and adoption at the next regular meeting.
Next steps: staff will return the ordinance for adoption, finalize the fee resolution as amended, and begin the transition process for existing operators. The council directed staff to refine the 30/90‑day transition language and to publish guidance on ADA compliance and the appeals process.
