In 1961 the Board of Supervisors adopted Resolution No. 631-61 that granted a major encroachment permit to the Seal Rock Inn to occupy portions of the sidewalk area. Subsequently, the Board adopted Public Works Code Section 786.7 that imposes an annual public right-of-way occupancy assessment fee based on the square footage of area occupied. The annual fee for the Seal Rock Inn major encroachment is approximately $3700.00.

The uncodified ordinance would waive all past and future annual occupancy assessment fees under Public Works Code Section 786.7 for the Seal Rock Inn major encroachment permit. The legislation also would modify a permit condition to remove a requirement that prohibits the commercial appearance of the encroachment.

This waiver applies to any outstanding annual assessment fee and all future annual assessment fee payments under Public Works Code Section 786.7, partially offsetting the costs of re-opening the restaurant and its publicly accessible patio.

The Seal Rock Inn is critical to the economic vitality of the scenic Sutro Heights area, and the restaurant's closing during the COVID-19 pandemic had a significant negative impact on the neighborhood. Re-opening the Seal Rock Inn restaurant is essential to revitalizing the area, attracting new visitors, and preserving the welcoming, family-friendly environment with great food and views.

This ordinance shall become effective 30 days after enactment, which occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned, or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor’s veto of the ordinance.

The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (CEQA), and the Board affirms this determination. The determination is on file with the Clerk of the Board of Supervisors[14†source].