AGENDA CAPTION:
Title
Consider approval of Resolution 2026-76R, amending the City’s adopted Schedule of Fees by adding new fees for temporary vendors in public parking spaces and for variances from the distance requirements for conditional use permits related to the sale of alcohol for on premises consumption near a school; and declaring an effective date.
Body
Meeting date: May 5, 2026
Department: Planning and Development Services and City Manager’s Office
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Background Information:
The following Resolution amends the City's Schedule of Fees to set fees for 1) a new Pop-Up Event Permit, and 2) a Conditional Use Permit (Distance Measurement Variance).
Temporary Vendor in Public Parking Space Permit
Staff received a concern from a local business owner regarding the requirement for a street closure permit when a temporary vendor uses public parking spaces to sell goods in conjunction with a neighboring business’s event, even when the activity does not occur within the travel lane. The current street closure permit fee is $105. To better accommodate this type of activity, staff proposes establishing a Pop-Up Event Permit with a fee of $50, to be added under the Special Events fee schedule. The permit would reserve up to four contiguous parking spaces from 8:00 AM to 6:00 PM. The permit must be requested by a business adjacent to the parking spaces and submitted at least 15 days prior to the event. Each business may hold only one active permit at a time.
For safety reasons and to reduce potential hazards for pedestrians, drivers, and vendors; pop‑up tents or similar structures would not be permitted within the reserved parking spaces; however, vehicles or trailers used for vending may be allowed.
Conditional Use Permit (Distance Measurement Variance)
In October 2025, City Council requested that staff look into fee options for Conditional Use Permit (CUP) holders that are also pursuing a distance measurement variance for alcohol sales. These requirements are outlined in Section 2.8.3.7 <https://user-3vpeqil.cld.bz/ORD-2025-01-Development-Code-Effective-January-25-2025> in the City Land Development Code. In previous years, a separate CUP application and associated fee ($788 currently) were required for those CUP holders requesting the variance. This resulted in those CUP holders paying for two separate CUP applications. Currently, only one CUP holder has a distance variance. Recently proposed changes in the Land Development Code have changed the requirement for this distance variance to be an annual permit (i.e. variance) granted by Council to now allowing these variances to run concurrently on the same timeline as the timeline granted for the CUP by the Planning and Zoning Commission. For example, if a CUP is granted a three-year approval timeline, any distance variance granted by the City Council will also be for three years.
Staff has proposed a new application fee of $260 for the distance variance application to assist in offsetting a portion of the costs associated with staff time to process the permit. This proposed fee does not change the requirement for an application and/or consideration by the City Council but does reduce the application costs for potential applicants. City staff will present this information to the Council at the May 5, 2026, meeting and be available to answer any Council questions.
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Recommendation:
Staff recommends approval of the Resolution.