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1 Applicants that received permits under the <br />Sidewalk Café Program from 1977 or the <br />Sidewalk Café Pilot Program from 2014 with <br />Fixed Improvements constructed prior to <br />March 13, 2020, may apply for an exception <br />from Guideline requirements as applied <br />to those Fixed Improvements that were <br />constructed before March 13, 2020. In order <br />to apply for the exception, Applicants must <br />include their request on their application <br />for a Building Permit which will be evaluated <br />against these Guidelines. Applicants shall <br />submit their site and elevation plans in <br />accordance with these Guidelines, noting <br />deviations from the Guidelines in the <br />requests for exemption. <br />2 City staff will evaluate requests for <br />exemption on a case-by-case basis, <br />comparing the as-built plans against Chapter <br />11B of the California Building Code and other <br />relevant accessibility, health, and safety <br />requirements. <br />3 The City Engineer will approve requested <br />exemptions in compliance with Paragraph 1, <br />provided that they meet accessibility, health, <br />and safety requirements. <br />4 Exemptions, if granted, will only apply <br />to the specific deviations requested <br />during Building Permit review. All other <br />requirements necessary to issue a Building <br />Permit, Encroachment Permit and License <br />Agreement, including insurance, must be <br />met. <br />5 If, at the renewal of the Encroachment <br />Permit and License Agreement, the <br />Applicant has modified their plan in any way, <br />they are no longer eligible to maintain the <br />granted exemptions. In this case, they would <br />need to submit for a new Building Permit <br />and come into full compliance with these <br />Guidelines. <br /> <br />EXCEPTIONS FOR NON-CONFORMING PARKLETS CONSTRUCTED BEFORE MARCH 13, 2020 6 <br />22 <br />ATTY/RESO.0017/CC RESO OUTDOOR BUSINESS ACTIVITY PROGRAM GUIDELINES - EXHIBIT A <br />REV: 03-03-25 JB <br /> <br />Page 25 of 34