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ATTY/RESO.0059/CC RESO EXTENDING FEE WAIVER TO OUTDOOR BUSINESS ACTIVITY PERMITS REV: 09-13-24 VR Page 2 of 2 Section 1. The above recitals are accurate, constitute findings in this matter, and are hereby incorporated into this reference. Section 2. The Outdoor Business Activity Permit (Parklets and Sidewalk Cafes) Annual Use of Space Fee adopted by City Council on June 27, 2022, is hereby waived for the term of the initial license agreement for businesses that applied for an Outdoor Business Activity Permit on or before January 20, 2023, and entered into a license agreement by October 31, 2024. Section 3. The Outdoor Business Activity Permit (Parklets and Sidewalk Cafes) Annual Use of Space Fee adopted by the City Council on June 27, 2022, shall be refunded to businesses which applied by January 20, 2023, and received approvals by the City and entered into license agreements with the City prior to the adoption of this Resolution. The City Manager is hereby authorized to execute amendments to such license agreements to effectuate this section. Section 4. This activity is not a project under California Environmental Quality Act (CEQA) as defined in CEQA Guidelines Section 15378, because it has no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment. Similarly, the proposed activity falls within the scope of CEQA Guidelines Section 15061(b) (3), in that it can be seen with certainty that there is no possibility that the activity in question, namely that encouragement of installing parklets and/or sidewalk cafes, will have a significant effect on the environment. Separately and independently, even if the activity constituted a project under CEQA, it would be exempt as set forth in CEQA Guidelines Section 15304, because the use of existing streets, sidewalks and private property for outdoor business activity constitutes a minor temporary use of land having negligible or no permanent effects on the environment. Section 5. This resolution shall be effective upon adoption. * * *