San Rafael, CA Special Events & Permits: Parklets (2026)
Key Facts
- Permit
- Annual streetary encroachment permit, Public Works
- Max size
- 2 parallel parking spaces per business
- Parking floor
- 70% of nearby on-street parking must remain
- Setbacks
- 18-inch travel lane, 2-foot wheel stop
- Legacy deadline
- Existing streetaries needed permits by Dec 1, 2022
- Violation
- Misdemeanor; 30-day cure notice before termination
Summary
San Rafael calls its parklets "streetaries": outdoor eating areas built inside on-street parking spaces next to a restaurant. Chapter 11.70 requires an annual streetary encroachment permit from the public works director, caps them at two parking spaces in commercial districts, and bars them from ADA spots, colored curbs, hydrants, and bike lanes.
A.Streetaries are permitted in existing parking spaces within the right-of-way in all commercial districts.B.Streetaries are only permitted in the parking spaces within the right-of-way directly adjacent to the food service establishment street frontage.C.Notwithstanding subsection A, above, streetaries shall not be permitted along streets with (1) peak hour parking restrictions or (2) speeds limits greater than twenty-five (25) miles per hour.D.Notwithstanding subsection A, above, streetaries shall not be permitted in parking spaces that (1) are ADA designated, (2) are adjacent to curbs designated for no parking (red curb), passenger loading zones (white curb), commercial loading zones (yellow curb), limited parking zones (green) and/or any other colored curb zones with restrictions, (3) would block or obstruct any fire hydrant, fire department sprinkler or standpipe hose, or other public safety infrastructure, (4) would obstruct utility access panels, manhole covers, storm drains, street valves, or any other type of utility assets, or (5) would obstruct any bicycle facility.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).
Full Breakdown
San Rafael Municipal Code Chapter 11.70 governs "streetaries," the city's term for parklets: outdoor eating areas built inside on-street parking spaces in the public right-of-way directly adjacent to a food service establishment's street frontage (Section 11.70.010). Outdoor eating areas that instead use sidewalks are excluded from this chapter and fall under the separate standards at Section 14.16.277 of Title 14. Any restaurant wanting one must first hold a valid city business license and obtain an annual streetary encroachment permit from the director of public works, who routes the application to the director of community development for a design-standards review (Sections 11.70.020, 11.70.030).
Applicants pay a permit application fee plus an annual encroachment lease fee and a one-time refundable deposit set by council resolution (Section 11.70.040). Streetaries are capped at two parallel parking spaces per business, must leave 70 percent of on-street parking available across a three-block average (waivable if a public garage entrance is within 300 feet), and need an 18-inch setback from the travel lane and a 2-foot setback to each wheel stop, with 4 feet of clearance around utility access panels (Section 11.70.060). They are barred on streets with peak-hour parking restrictions or speed limits above 25 mph, and from ADA, red, white, yellow, or green curb zones, fire hydrants, or bicycle facilities (Section 11.70.050).
Operational rules forbid live entertainment or amplified music without a separate Chapter 8.13 permit, prohibit open flames, cooking, and heating devices on site, and require daily scrubbing and mopping (Section 11.70.100). Hours track the restaurant's own approved hours, but a streetary within 150 feet of a residence cannot open before 7 a.m. on weekends/holidays or 6 a.m. on weekdays, and must close by 10 p.m. Friday/Saturday or 9 p.m. other nights.
Violations & Fines
Operating a streetary without a valid encroachment permit is a misdemeanor under Section 11.70.120 and can trigger any enforcement remedy authorized by law. Existing streetaries as of the October 3, 2022 ordinance had to obtain a permit and pay fees by December 1, 2022 or face closure. The director may issue a written notice of violation; the permit terminates in 30 days unless the violation is corrected or a hearing is requested, and the city may inspect any streetary annually or as needed and revoke a permit that threatens public health, safety or welfare.
Frequently Asked Questions
Can a San Rafael restaurant build a parklet on the sidewalk instead of in a parking space?
How many parking spaces can a streetary use in San Rafael?
What happens if 70 percent of nearby parking isn't available?
Can a San Rafael streetary serve alcohol or host live music?
Sources & Official References
Other rules in San Rafael
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