120225 PW Outdoor Dining Program Exhibits — City Council - Successor Agency

Cover Sheet
Exhibit 1 – Presentation
Exhibit 2 - Standard Outdoor Dining Guidelines
Exhibit 3 - Standard Outdoor Dining Application
Exhibit 4 - Opinion of Value
Exhibit 5 - Enc #374 - Bourbon Street Bar & Grill
Exhibit 6 - ENC#331 - Made Coffee
Exhibit 7 - Enc #402 - Rialto Cafe
Exhibit 8 - Enc #413 - Pilgrims Cafe
Exhibit 9 - Enc #429 - Les Amis (Terminated)
Exhibit 10 - Enc #430 - Les Amis (Terminated)
Exhibit 11 - Enc #434 - Zings
Exhibit 12 - Enc #435 - Back Alley Bar & Grill
Exhibit 13 - Enc #438 - Kalaveras
Exhibit 14 - Outdoor Dining City of Placentia email correspondence Exhibit 15 - Outdoor Dining City of Orange email correspondence Exhibit 16 - Outdoor Dining City of Anaheim email correspondence Exhibit 17 - Outdoor Dining City of Brea email correspondence Exhibit 18 - Current Encroachment Balance Sheet
City Council – December 2, 2025
Standard Outdoor Dining Program &
Lease Rate Review
1 Exhibit 1
Outdoor Dining Guidelines
2012 - Outdoor Dining Guidelines were adopted
2022 - Standard Outdoor Dining Guidelines (current)
Purpose & Applicability
The purpose of these guidelines is to provide criteria to facilitate outdoor dining use within the public right-of-way while protecting the public interest. The guidelines apply to outdoor dining associated with an existing/permitted adjacent restaurant, café, bar, or nightclub that wishes to incorporate outdoor dining on public property or within the public right-of-way directly adjacent to their establishment. 2 Program Lease Rates
• 2011, staff recommended a monthly lease rate of 75% market value = $1.34/sf/month • 2/2012, Council directed staff to reduce to 50% of market value = $0.90/sf/month • 5/2012, Council approved a tiered rate schedule base on liquor sales:
• No liquor: $0.30/sf; Beer and Wine only: $0.60/sf; Full Liquor: $0.90/sf* • 2022, Council approved new lease rates based on an Opinion of Value assessment was performed by a brokerage firm which details a reset to our outdoor dining lease rate values given Consumer Price Index (CPI). Based on the Opinion of Value, the 2022 market lease rates for outdoor dining are as follows:
• No liquor: $0.58/sf ; Beer and Wine only: $1.14/sf; Full Liquor: $1.71/sf * *Monthly/annual lease rates are to be waived for restaurants with outdoor dining on public property of less than 100 s.f. and without alcohol service. However, an encroachment agreement, subject to the applicable application fee is a requirement in order to secure indemnification and other liability safeguards for the City. 3 4
Lease Rates Approved in August 2012
Fullerton Outdoor Dining - Monthly Costs Based on Area (Square Feet) 500 800 1000 1200 1500 2000 3000
Dining Type Lease Rate/ Sq ft
No Liquor $ 0.30 $ 150 $ 240 $ 300 $ 360 $ 450 $ 600 $ 900 Beer and Wine $ 0.60 $ 300 $ 480 $ 600 $ 720 $ 900 $ 1,200 $ 1,800 Full Liquor $ 0.90 $ 450 $ 720 $ 900 $ 1,080 $ 1,350 $ 1,800 $ 2,700 Lease Rates Approved in June 2022
Fullerton Outdoor Dining - Monthly Costs Based on Area (Square Feet) 500 800 1000 1200 1500 2000 3000
Dining Type Lease Rate/ Sq ft
No Liquor $ 0.58 $ 290 $ 464 $ 580 $ 696 $ 870 $ 1,160 $ 1,740 Beer and Wine $ 1.14 $ 570 $ 912 $ 1,140 $ 1,368 $ 1,710 $ 2,280 $ 3,420 Full Liquor $ 1.71 $ 855 $ 1,368 $ 1,710 $ 2,052 $ 2,565 $ 3,420 $ 5,130 Lease Rate Comparison
(Presented at June 2022 Council Meeting)
Adjacent City Policies
5 Anaheim No outdoor dining in public R/W per Municipal Code: 18.38.220.0202 La Habra No outdoor dining in public R/W per Municipal Code 18.12.140.B1 Placentia No outdoor dining in public R/W per Municipal Code 23.81.165 Brea No current outdoor dining program. There is a path for use of public R/W though the entitlement process requiring modifications to the CUP and council approval. All fees for entitlement, encroachment permits, and encroachment agreements would apply.

Buena Park No outdoor dining in public R/W per Municipal Code 19.748.040 Orange Café style seating only, no permanent fixtures in the right of way. All items must be removed at close of business.

No alcohol sales. Subject to approval from Public Works.

Current Program Accounting
6 Encroachment Accounts as of 11/13/2025
Customer
Total
occupied
space (sqft)
Lease Rate Monthly
Payment
Account
Balance Past Due Payment
Plan Balance Last Payment Received Notes
Back Alley Bar & Grill 336 $ 1.71 $ 574.56 $ 12,745.95 $ 12,745.95 $ - 10/31/2025 - $250 Payment of $250 received 9/25/2025 Les Amis 1,878 $ 1.71 $ 3,211.38 $ 40,819.24 40,819.24 $ - 7/23/2025 - $3,900 Billing discontinued effective
10/23/2025
Agreements Terminated
Ziings Bistro 490 $ 1.71 $ 837.90 $ 837.90 $ - $ - 10/14/2025 - $837.90 Kalaveras Restaurant 990 $ 1.71 $ 1,692.90 $ 5,078.70 $ 3,385.80 $ 3,385.80 10/13/2025 - $1,692.90 Payment Plan is Current.

Bourbon Street Bar &
Grill 535.5 $ 1.71 $ 915.70 $ 10,885.21 $ 9,969.51 $ 9,969.51 11/10/2025 - $1,415.70 Payment Plan is Current.

Made Coffee 66 $ - $ - $ - $ - $ - - Pilgrims Coffee 60 $ - $ - $ - $ - $ - - Rialto Café 100 $ - $ - $ - $ - $ - - Totals $ 7,232.44 $ 70,367.00 $ 66,920.50 $ 13,355.31 Recommendation
Seek Council direction on program, policy, lease rates, enforcement, and/or outstanding debt.
7 CITY OF FULLERTON
Public Works Department – Engineering Division

THE EDUCATION COMMUNITY
303 West Commonwealth Avenue, Fullerton, California 92832-1775 (714) 738-6845  Fax (714) 738-3115  Web Site: www.cityoffullerton.com

STANDARD OUTDOOR DINING GUIDELINES
(for request within the public right-of-way)
A
DOPTED June 21, 2022
Purpose & Applicability
The purpose of these guidelines is to provide criteria to facilitate outdoor dining use within the public right-of-way while protecting the public interest. The guidelines apply to outdoor dining associated with an existing/permitted adjacent restaurant, café, bar, or nightclub that wishes to incorporate outdoor dining on public property or within the public right-of-way directly adjacent to their establishment. Areas of encroachment for outdoor dining include, but may not be limited to:
• Sidewalks
• Alleyways (not used for emergency or vehicle traffic) • Parking lots/stalls
• Plazas
Submittal Requirements

1. Application Package
By submitting the completed application package, the Applicant affirms they have obtained concurrence of encroachment in the public right-of-way from surrounding properties that may be impacted in any way.

The Standard Outdoor Dining application package is comprised of the following items:
a. Application for Standard Outdoor Dining Within the Public Right-of-Way (herein after, Application), which may be obtained in-person or on-line from the Public Works Department - Engineering Division. The Application shall be completed and signed by the business owner/operator and the property owner.
i. The Application is subject to a standard processing/review fee as approved by City Council.
ii. The Application is required to identify a preferred method of billing upon implementation of the outdoor dining agreement/improvements.
iii. If alcohol is proposed to be served within the outdoor dining area, the Applicant shall include a copy of their current liquor license. Outdoor sales and service of alcohol may require the amendment of an existing conditional use permit (CUP) or Administrative Restaurant Use Permit (ARUP). Please contact the Planning Department prior to submittal of an Outdoor Dining application.
b. Site Plan - An 8½x11” or 11”x17” site plan showing limits and details of the proposed outdoor dining area, including but not limited to general layout, clearances, and dimension of the proposed outdoor dining area and environs, as well as locations and types of furnishings.

As may be applicable, details pertaining to fencing, enclosures, or other structural improvements, used for the outdoor dining shall be shown.

Exhibit 2

STANDARD OUTDOOR DINING GUIDELINES
Adopted June 21, 2022; Update August 1, 2024

Page 2 ends

Site plans shall also illustrate length x width of area requested; show all existing improvements (curb/gutter, sidewalk, ramps, driveways, parking s talls, street lights, trees, fire hydrants, or other infrastructure) that may limit clearance for pedestrian access; and dimensions between the requested outdoor dining area and any existing improvements within the immediate vicinity. c. Letter of Authorization - Applicant is required to submit a letter from hi s/her landlord allowing the outdoor dining at the site and the installation of associated improvements. The letter should also acknowledge that the landlord understands that he/she will be held equally liable per the terms of the agreement and will be required to exec ute the Standard Outdoor Dining - Encroachment Agreement.

1. if deemed to be non-compliant, Engineering will reject the request.

Additionally, the City reserves the right to reject any Application, at its sole and absolute discretion.
c. Should the application be deemed complete, Engin eering will forward their findings of compliance to the Director of Community & Economic Development and the Fire Marshal to receive their determinations of concurrence with the compliance findings of Engineering. d. Engineering will notify the business owner/opera tor and/or property owner of the City’s findings of compliance and will advise the applicant if any revisions to the original documentation are required.
e. Upon acceptance of the application documentation , the Public Works Director shall determine the need for legislative approval for use of public land, or administratively approve the application. While there may be additional occurre nces that trigger legislative review, the following guidelines will be used in that determination:
i. Dining area proposed in paid public parking lots /stall(s) within Parking Districts #1 or #2 shall be subject to approval from Board of Parking Place Commission (see below map for boundaries).
ii. Dining area proposed in paid public parking lot s/stall(s) within the Restaurant Overlay District, excluding parking Districts #1 & #2, shal l be subject to approval from City Council (see below map for boundaries).

STANDARD OUTDOOR DINING GUIDELINES
Adopted June 21, 2022; Update August 1, 2024

Page 3 ends

f. If Board of Parking Place Commission and/or City Council approval is determined or requ ired, Engineering will present the Application for approv al or denial. If the Application is denied, the Application is considered rejected.
g. Upon Commission/Council approval and/or Engineer ing acceptance of the Application documentation, Engineering will request the Applica nt complete an Encroachment Agreement Application.
i. The Encroachment Agreement Application is subjec t to a processing fee approved by City Council.
h. Upon receipt of the Encroachment Agreement Appli cation and processing fee, Engineering will prepare a Standard Outdoor Dining Encroachment Agre ement (herein after, Agreement). All outdoor dining areas (regardless of exclusivity/fen cing) in the public right-of-way will require an Agreement.
i. Engineering will determine the leasable area and the lease rate for the outdoor dining area subject to the Agreement.

1. Leasable Area

STANDARD OUTDOOR DINING GUIDELINES
Adopted June 21, 2022; Update August 1, 2024

Page 4 ends

The area of use through the process may, or may not , include fencing or other approved means that effectively restrict or discour age the public from using the space. In general, the leasable area will be define d by the perimeter of the outdoor dining area, including any path(s) of trave l by the public through the seating area as delineated on the site plan submitt ed as part of the Application Package. Engineering will use discretion in determining leasable area to account for practical considerations such as trees and other obstructions.

2. Lease Rates
Lease rates are approved by City Council and may be amended any time during the term of the Encroachment Agreement.

Applicants have the option of monthly or annual billing of lease fees, option must be selected at the time of application.

Monthly/annual lease rates are to be waived for res taurants with outdoor dining on public property of less than 100 s.f. and without alcohol service. However, an encroachment agreement, subject to the processing f ee is required to secure indemnification and other liability safeguards for the City.

3. Parking Revenue Loss
If the outdoor dining area is located within a City owned paid parking lots/stall(s), the applicant will be responsible for any parking revenue loss incurred by the City in addition to the established lease rates. For ex ample, in 2022 the paid parking program required a flat rate of $5/space on Thursda y, Friday, & Saturday from 9pm – 1am. Therefore, the applicant would be billed an additional $60/month for each parking stall utilized for outdoor dining. The monthly rate per stall is subject to change based on the program parameters at the ti me the Agreement is executed or up for renewal.
ii. A fully refundable restoration deposit will be required prior to execution of the Agreement. The restoration deposit is approved by C ity Council as part of the current City of Fullerton Council adopted fee schedule. The actual restoration fee will be determined at the time of restoration by the Director of Public Works.

Restoration deposits may be transferable at the Director of Public Works’ discretion. iii. The Applicant shall maintain the required liab ility and liquor liability (if applicable) insurance as defined in the Agreement as well as an y permit, license, etc. required by any Federal, State, of local agency. The limits of liability for the required insurance are subject to change in accordance with the City’s min imum limit requirements in effect at the time of annual renewal of said coverage.
i. The City will provide a final copy of the Agreem ent for signature by the business owner/operator and property owner.

STANDARD OUTDOOR DINING GUIDELINES
Adopted June 21, 2022; Update August 1, 2024

Page 5 ends

j. Upon review and acceptance of the fully executed Agreement, Engineering will prepare and issue an Encroachment Permit to the Applicant to en sure construction/installation of the outdoor dining area is per the approved site plan and terms of the Agreement. i. The Encroachment Permit is subject to applicable fees as approved by City Council.

Operational Requirements

1. Permitted Uses
Outdoor dining areas shall be limited to serving an d consumption of food and non-alcoholic beverages, unless authorized otherwise by the Calif ornia Department of Alcoholic Beverage Control. The issuance of an Agreement for outdoor d ining does not authorize alcoholic beverages that otherwise require approval under FMC 15.30, or any other Federal, State, or local law, rules, or regulations. The serving of alcoholic beverages in the outdoor dining area may be subject to the City’s Administrative Restaurant Use Permit (ARUP) or Conditional Use Permit (CUP) process, as determined by the Director of Community & Economic Development.

Uses that generate excessive noise such as amplified music are not permitted in the outdoor area.

STANDARD OUTDOOR DINING GUIDELINES
Adopted June 21, 2022; Update August 1, 2024

Page 6 ends

e. Floor Plan
The aisle width between tables/seating shall be a minimum of 36”. The occupant load factor is 1 person/15 square feet. If the interior dining are a exits through the outdoor dining area, an equivalent exit “corridor” width shall be maintained at all times. f. Structural Improvements, Enclosures, and Furnitu re
Fencing/enclosure must be of an easily removable de sign. All fences and/or enclosures should be of durable material, fire safe, structura lly sound, aesthetically pleasing, and compatible with adjoining improvements or structure s. If the area requested is in an area where vehicular traffic occurs, barriers shall be s ubstantive enough to protect customers and employees from impact.

The design materials and colors used for chairs, ta bles, lighting, and other fixtures, including umbrellas, shall be of good quality, as necessary to assure a pleasing and pleasant ambiance.

Said removable furnishings shall be secured in a safe manner during use.

Fences and furnishing must be maintained in good co ndition and placed/secured in such a way so as not to impede public safety. Permanently affixed furnishings and fencing are not permitted.
g. Fire Department Standards
All Fire Department regulations and standards concerning exterior lighting and power shall be met. These regulations and standards will be supplied to applicant upon request at the time of application.

Fire Department approval and permits shall be obtai ned for LPG heaters and open flames, including candles and barbeques (if applicable), co nsistent with Fire Department Standards #57 and #58.

h. Utilities
Applicant must consider aboveground and underground utility infrastructure ( i.e. gas, water, electric, etc.). Underground infrastructure is often unmarked and below sidewalk/street grade.

If applicable, applicants shall call 811 prior to p roject application to understand where underground utility infrastructure is relative to t he project. Adequate access to utility infrastructure shall be maintained at all times, in cluding after project is fully installed. If applicants install permanent or semi-permanent fixt ures, furnishings or infrastructure adjacent/above utility infrastructure, all elements are subject to removal if/when the utility requires access; all incurred cost associated with the removal and/or repairs are the sole responsibility of the applicant.

Southern California Edison (SCE) requires 15-foot c learance from underground structures, vaults lids, and manhole covers. An 8-foot clearan ce is required on the door side of any above-ground pad mounted equipment for operation an d a 12-foot clearance on one side for accessible maintenance.

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

APPLICATION FOR
ST

ANDARD OUTDOOR DINING

WITHIN THE PUBLIC RIGHT-OF-WAY
This form and all required attachments are to be submitted to the City of Fullerton - Engineering Division,
303 W. Commonwealth Avenue, Fullerton, CA. 92832
Phone: (714) 738-6845 * E-mail: [email protected] Date:

Received By:

Applicant (Full Name/Title):

Business N
ame & Mailing Address:

Phone:
_____E-mail: _________________________________________________ Applicant S
econdary Contact Information (Full Name/Title):

Daytime Ph
one: E-mail:

Proposed Location
of Encroachment:

Street A
ddress:

Description of
Encroachment:

Property Owner Contact
Information
Property Owner (Full Name/Title):

Address:

Phone: E-mail:

NO
TE: Please review the Standard Outdoor Dining Guidelines prior to completion and submission of this application
(See Reverse
for Submission Requirements)
Exhibit 3
Applicant Submission Requirements:

1. One Time Non-refundable Processing/Review Fee: $ 286.00

2. Two sets of site plan(s) (electronic pdf format and preliminary drawings are acceptable at this stage).

3. Based upon the type of liquor license held, a copy of which is to be submitted at the time of application, a monthly lease rate will be charged for outdoor dining within the public right-of-way. The applicable rates currently are as follows: No Liquor, $0.58/s.f. ($6.96/s.f. annually); Beer and Wine only, $1.14/s.f. ($13.68/s.f. annually); Full Liquor Service, $1.71/s.f. ($20.52/s.f. annually). Note: lease rates are subject to change.

Liquor Service:
□ None □ Beer & Wine only □ Full Liquor

Outdoor sales and service of alcohol may require the amendment of an existing conditional use permit (CUP) or Administrative Restaurant Use Permit (ARUP). Please contact the Planning Department prior to submittal of an Outdoor Dining application.

If the outdoor dining area is located within a City owned paid parking lot/stall, the applicant will be responsible for any parking revenue loss incurred by the City. Currently, the paid parking program requires a flat rate of $5/space on Thursday, Friday, & Saturday from 9pm – 1am. Therefore, the applicant will be responsible for an additional $60/month for each paid parking stall utilized for outdoor dining.

Dining area encroaches in a public paid parking lot/stall(s):
□ Yes; _____ stall(s) □ No
#
Please indicate how you would like to be billed for your lease below:

Please bill me: □ Monthly □ Annually for my lease.

4. Letter of Authorization: Applicant is required to submit a letter from his/her landlord allowing the outdoor dining at the site and the installation of associat ed improvements. The letter should also acknowledge that the landlord understands that he/she will be held equally liable per the terms of the agreement and will be required to execute the Standard Outdoor Dining Encroachment Agreement upon City’s acceptance of this application. See the Standard Outdoor Dining Guidelines for more information.

Application Processing:

Processing of your Standard Outdoor Dining application package will take approximately 8-12 weeks from date of submission, depending on the need for City Council approval for use of public property; please refer to the Standard Outdoor Dining Guidelines for more detailed information on application processing.

Keith Kropfl
Principal, Director of Brokerage Services
[email protected]
Direct line: 949.430.0680
CA License: #01106628
w
Broker Broker
Opinion Opinion
of V alueof V alue
May 2022May 2022
Avison Young
4 Park Plaza, Suite 330
Irvine, CA 92614
Visit us online
www.avisonyoung.com
City of Fullerton Outdoor Dining Lease Rate AnalysisCity of Fullerton Outdoor Dining Lease Rate Analysis Exhibit 4
City of Fullerton | Broker Opinion of Value
2 Table of
contents
w
Executive Summary
City Restaurants Districts
Outdoor Patio Areas
Valuation
The Consumer Price Index
Outdoor Dining Guidelines
O utdoor Dining
Lease Applicaiton

Meet the Team
Retail Services
01 02
03 04
05 06
07 08
09 w
Executive
Summary
01 City of Fullerton | Broker Opinion of Value
4 Executive Summary
City of Fullerton
Opinion of Value – Restaurant Patio Rent Reset

This report is based upon our preliminary estimate of the City of Fullerton’s request to evaluate rent pricing for restaurant patio space throughout the city.

The following report details current rent structures that were established in 2012 and todays reset values given Consumer Price Index (CPI) up until 2022.

The report also includes the City of Fullerton’s Outdoor Dining Guidelines and Outdoor Dining Application.

The attached information is believed to be accurate and reliable, but due to the preliminary nature of our inves- tigation and the complexity of the issues involving restaurant revenues and health ratios (profitability), certain generalities have been utilized based on our experience.

Avison Young, on behalf of the City of Fullerton has devoted a great deal of energy and resources in compiling the enclosed report. It is our request that the enclosed information be kept strictly confidential and used solely for the benefit of City of Fullerton.
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02 City
Restaurant
Districts
City of Fullerton | Broker Opinion of Value
6 City Restaurant Districts
Downtown Fullerton
JP23 Urban
Heroes Bar
J’s Korean
Fullerton Train Station

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03 Outdoor
Patio Areas
City of Fullerton | Broker Opinion of Value
8 Outdoor
Patio Areas
City of Fullerton | Broker Opinion of Value
9 w
04 Valuation
City of Fullerton | Broker Opinion of Value
10 CY2011 CY2012 CY2013 CY2014 CY2015 CY2016 CY2017 CY2018 CY2019 CY2020 CY2021 Mar2022 YTD
Index [1] 224.939 229.594 232.957 236.736 237.017 240.011 245.12 251.107 255.657 258.811 270.97 287.504 Change 4.655 3.363 3.779 0.281 2.994 5.109 5.987 4.55 3.154 12.159 16.534 Change (%) 2.07% 1.46% 1.62% 0.12% 1.26% 2.13% 2.44% 1.81% 1.23% 4.70% 6.10% Rates:

No Liquor $0.45 $0.46 $0.47 $0.47 $0.47 $0.48 $0.49 $0.50 $0.51 $0.52 $0.54 $0.58 Beer/Wine Only $0.89 $0.91 $0.92 $0.94 $0.94 $0.95 $0.97 $0.99 $1.01 $1.02 $1.07 $1.14 Full Liquor $1.34 $1.37 $1.39 $1.41 $1.41 $1.43 $1.46 $1.50 $1.52 $1.54 $1.61 $1.71 Note(s):
[1] Source: American Consumer Price Index: 1913-2022; Base Year: 1982-84=100. Index for CY2022 is as of March, 2022.

Valuation
Restaurant Patio Rent Reset
NOTE(S):
[1] Source: American Consumer Price Index: 1913-2022; Base Year: 1982-84=100. Index for CY2022 is as of March, 2022. [2] Rent pricing is based on per square foot of patio dining areas.

City of Fullerton | Broker Opinion of Value
11 w
The Consumer
Price Index
05 City of Fullerton | Broker Opinion of Value
12 The Consumer
Price Index

The CPI is a measure that examines the weighted average of prices of a basket of goods and ser- vices which are of primary consumer need. They include transportation, food, and medical care.

CPI is calculated by taking price changes for each item in the predetermined basket of goods and averaging them based on their relative weight in the whole basket. The prices in consideration are the retail prices of each item, as available for purchase by the individual citizens.

Changes in the CPI are used to assess price changes associated with the cost of living, making it one of the most frequently used statistics for identifying periods of inflation or deflation. In the U.S., the Bureau of Labor Statistics reports the CPI on a monthly basis and has calculated it as far back as 1913.

City of Fullerton | Broker Opinion of Value
13 w
06 Outdoor Dining
Guidelines
City of Fullerton | Broker Opinion of Value
14 Outdoor Dining
Guidelines
Purpose & Applicability
The purpose of these guidelines is to provide criteria to facilitate outdoor dining use within the public right-of-way and/or on private property while protecting the public interest. The guidelines apply to outdoor dining associated with an existing/permitted adjacent restaurant, café, bar, or nightclub that wishes to incorporate outdoor dining on public property or within the public right-of-way directly adjacent to their establishment. Areas of encroachment for outdoor dining include, but may not be limited to:
• • Sidewalks
• • Alleyways (not used for emergency or vehicle traffic) • • Parking lots
• • Plazas
Submittal Requirements

The Standard Outdoor Dining application package is comprised of the following items:
a. Application for Standard Outdoor Dining Within the Public Right-of-Way (herein after, Application), which may be obtained in-person or on-line from the Public Works Department - Engineering Division. The Application shall be completed and signed by the business owner/operator and the property owner. i. The Application is subject to a standard processing/review fee as established as part of the current City of Fullerton Council adopted fee schedule. i. The Application will require a preferred method of billing upon implementation of the outdoor dining improvements. iii. If alcohol is proposed to be served within the outdoor dining area, the Applicant shall include a copy of their current liquor license. b. Site Plan - An 8½x11” or 11”x17” site plan showing limits and details of the proposed outdoor dining area, including but not limited to general layout, clearances, and dimension of the proposed outdoor dining area and environs, as well as locations and types of furnishings.

As may be applicable, details pertaining to fencing, enclosures, or other structural improvements, used for the outdoor dining shall be shown.

City of Fullerton | Broker Opinion of Value
15 Site plans shall also illustrate (L’ x W’) of area requested; show all existing improvements (curb/gutter, sidewalk, ramps, driveways, parking stalls, street lights, trees, fire hydrants, or other infrastructure) that may limit clearance for pedestrian access; and dimensions between the requested outdoor dining area and any existing improvements within the immediate vicinity. c. Letter of Authorization - Applicant is required to submit a letter from his/her landlord allowing the outdoor dining at the site and the installation of associated improvements. The letter should also acknowledge that the landlord understands that he/she will be held equally liable per the terms of the agreement and will be required to execute the Standard Outdoor Dining - Encroachment Agreement.

2. Application Review Process
The review process for the Standard Outdoor Dining application package will be the following:
a. The business owner/operator and the property owner shall submit a completed Application package to Engineering. b. Engineering will review the Application package for completeness. Upon review of the completed Application, Engineering will:
i. Review the plans for compliance with the adopted Standard Outdoor Dining Guidelines, or; ii. Reject the request. The City reserves the right to reject any Application, at its sole and absolute discretion. c. Engineering will forward their findings of compliance to the Director of Community & Economic Development and the Fire Marshal to receive their determinations of concurrence with the compliance findings of Engineering. d. Engineering will notify the business owner/operator and/or property owner of the City’s findings of compliance and will advise the applicant if any revisions to the original documentation are required.
e. Upon acceptance of the application documentation, the Public Works Director shall determine the need for City Council approval for use of public land. f. If City Council approval is determined, Engineering will present the Application to Council for approval or denial. If the Council denies the Application, the Application is considered rejected.
g. Upon City Council approval and/or Engineering acceptance of the Application documentation, Engineering will request the Applicant complete an Encroachment Agreement Application.
h. The Encroachment Agreement Application is subject to a processing fee established as part of the current City of Fullerton Council adopted fee schedule.

Submittal Requirements (continued)
City of Fullerton | Broker Opinion of Value
16 Submittal Requirements (continued)
i. Upon receipt of the Encroachment Agreement Application and processing fee, the City will prepare a Standard Outdoor Dining Encroachment Agreement (herein after, Agreement). All outdoor dining areas (regardless of exclusivity/fencing) will require an Agreement. i. Engineering will determine the leasable area and the lease rate for the outdoor dining area subject to the Agreement.

1. Leasable Area
The area of use through the process may, or may not, include fencing or other approved means that effectively restrict or discourage the public from using the space. In general, the leasable area will be defined by the perimeter of the outdoor dining area, including any path(s) of travel by the public through the seating area as delineated on the site plan submitted as part of the Application Package. Engineering will use discretion in determining leasable area to account for practical considerations such as trees and other obstructions.

2. Lease Rates
Applicants have the option of monthly or annual billing of lease fees, option must be selected at the time of application.

Monthly/annual lease rates are to be waived for restaurants with outdoor dining on public property of less than 100 s.f. and without alcohol service. However, an encroachment agreement, subject to the processing fee is required to secure indemnification and other liability safeguards for the City. Lease rates are subject to change and are established as part of the current Council adopted fee schedule.

3. Parking Revenue Loss
If the outdoor dining area is located within a City owned paid parking lot/structure, the applicant will be responsible for any parking revenue loss incurred by the City. For example, in 2022 the paid parking program required a flat rate of $5/space on Thursday, Friday, & Saturday from 9pm – 1am. Therefore, the applicant would be billed an additional$60/month for each parking stall utilized for outdoor dining. The monthly rate per stall is subject to change based on the program parameters at the time the Agreement is up for renewal. ii. A fully refundable restoration deposit will be required prior to execution of the Agreement. The restoration deposit is established by Council as part of the current Council adopted fee schedule. The actual restoration fee will be determined at the time of restoration by the Director of Public Works.

Restoration deposits may be transferable at the Director of Public Works discretion. iii. The Applicant shall maintain the required liability and liquor liability (if applicable) insurance as defined in the Agreement. The limits of liability for the required insurance are subject to change in accordance with the City’s minimum limit requirements in effect at the time of renewal of said coverage.
j. The City will provide a final copy of the Agreement for signature by the business owner/operator and property owner. k. Upon review and acceptance of the fully executed Agreement, Engineering will prepare and issue an Encroachment Permit to the Applicant to ensure construction/installation of the outdoor dining area is per the approved site plan and terms of the Agreement.

City of Fullerton | Broker Opinion of Value
17 1. Permitted Uses
Outdoor dining areas shall be limited to serving and consumption of food and non-alcoholic beverages, unless authorized otherwise by The California Department of Alcoholic Beverage Control. The issuance of an Agreement for outdoor dining does not authorize alcoholic beverages that otherwise require approval under FMC 15.30. The serving of alcoholic beverages in the outdoor dining area may be subject to the City’s ARUP or CUP process, as determined by the Director of Community & Economic Development.

Uses that generate excessive noise such as amplified music are not permitted in the outdoor area.

2. Design Criteria
The Director of Public Works, or his/her designee, in coordination with the Director of Community & Economic Development, shall find consistency between the Application and the following criteria:
a. Compatibility
The design materials and color used for chairs, tables, lighting, and other fixtures/furniture, including umbrellas, shall be of good quality, as necessary to assure a pleasing and pleasant ambiance.
b. Public Walkway Clearance and Accessibility
A clear passage area on the public sidewalk, alley, or parking lot, free of all obstructions, shall be maintained at all times to avoid hazardous conditions for pedestrians. The Director of Public Works, or his/her designee, may approve minor variations, including less restrictive clearance requirements for a single point restriction such as a street light or tree; however, under no circumstances shall a path of travel be less than six (6) feet wide. Outdoor Dining areas shall be fully accessible for persons with physical disabilities and provide safe passing conditions. c. Sightlines
Whenever applicable, furnishings shall not restrict motor vehicle sight lines. d. Entry Door Clearance
The encroaching furnishings will not impede entry to the building and must not preclude applicable emergency exit requirements (i.e., a minimum exit width of 44” must be maintained at all times for “single” entry doors; however, large door openings require larger exit widths per the building code.) Operational Requirements
City of Fullerton | Broker Opinion of Value
18 e. Floor Plan
The aisle width between tables/seating shall be a minimum of 36”. The occupant load factor is 1 person/15 square feet. If the interior dining area exits through the outdoor dining area, an equivalent exit “corridor” width shall be maintained at all times.such as a street light or tree; however, under no circumstances shall a path of travel be less than six (6) feet wide. Outdoor Dining areas shall be fully accessible for persons with physical disabilities and provide safe passing conditions.
f. Structural Improvements, Enclosures, and Furniture
Fencing/enclosure must be of an easily removable design. All fences and/or enclosures should be of durable material, fire safe, structurally sound, aesthetically pleasing, and compatible with adjoining improvements or structures. If the area requested is in an area where vehicular traffic occurs, barriers shall be substantive enough to protect customers and employees from impact.

The design materials and colors used for chairs, tables, lighting, and other fixtures, including umbrellas, shall be of good quality, as necessary to assure a pleasing and pleasant ambiance. Said removable furnishings shall be secured in a safe manner during use.

Fences and furnishing must be maintained in good condition and placed/secured in such a way so as not to impede public safety. Permanently affixed furnishings and fencing are not permitted.
g. Fire Department Standards
All Fire Department regulations and standards concerning exterior lighting and power shall be met. These regulations and standards will be supplied to applicant upon request at the time of application.

Fire Department approval and permits shall be obtained for LPG heaters and open flames, including candles and barbeques (if applicable), consistent with Fire Department Standards #57 and #58.

Operational Requirements (continued)
City of Fullerton | Broker Opinion of Value
19 w
Outdoor Dining
Lease Application
07 City of Fullerton | Broker Opinion of Value
20 PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

APPLICATION FOR

STANDARD OUTDOOR DINING

WITHIN THE PUBLIC RIGHT-OF-WAY

This form and all required attachments are to be submitted to the City of Fullerton - Engineering Division,
303 W. Commonwealth Avenue, Fullerton, CA. 92832
Phone: (714) 738-6845 * E-mail: [email protected]

Date:

Received By:

Applicant (Full Name/Title):

Business Name & Mailing Address:

Phone: _____E-mail: _________________________________________________

Proposed Location of Encroachment:

Street Address:

Description of Encroachment:

Property Owner Contact Information

Property Owner (Full Name/Title):

Address:

Phone: E-mail:

Emergency Contact Name:

Information:

Daytime Phone: Evening Phone:

E-mail:

NOTE: Please review the Standard Outdoor Dining Guidelines prior to completion and submission of this application
(See Reverse for Submission Requirements)

Applicant Submission Requirements:

1. One Time Non-refundable Processing/Review Fee: $ 286.00

2. Two sets of site plan(s), architectural drawing(s) and/or survey of property (electronic pdf format and preliminary drawings are acceptable at this stage).

3. Based upon the type of liquor license held, a copy of which is to be submitted at the time of application, a monthly lease rate will be charged for outdoor dining within the public right-of-way. The applicable rates currently are as follow s: No Liquor, $0.30/s.f. ($3.60/s.f. annually); Beer and Wine only, $0.60/s.f. ($7.20s.f. annually); Full Liquor Service, $0.90/s.f. ($10.80/s.f. annually). Note: lease rates are subject to change.

If the outdoor dining area is located within a City owned paid parking lot/structure, the applicant will be responsible for any parking revenue loss incurred by the City. Currently, the paid parking program requires a flat rate of $5/space on Thursday, Friday, & Saturday from 9pm – 1am. Therefore, the applicate will be billed an additional $60/month for each parking stall utilized for outdoor dining.

Please indicate how you would like to be billed for your lease below:

Please bill me: □ Monthly □ Annually for my lease.

4. Letter of Authorization: Applicant is required to submit a letter from his/her landlord allowing the outdoor dining at the site and the installation of associated improvements. The letter should also acknowledge that the landlord understands that he/she will be held equally liable per the terms of the agreement and will be required to execute the Standard Outdoor Dining Encroachment Agreement upon acceptance of this application. See the Standard Outdoor Dining Guidelines for more information.

Application Processing:

Outdoor Dining
Lease Application
City of Fullerton | Broker Opinion of Value
21 w
Meet the Team
08 City of Fullerton | Broker Opinion of Value
22 “We have successfully engaged
Avison Young in multiple
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“Diligent, hard working,
and very professional.

Keith Kropfl, Principal,
always exceeds my
expectations.”
- Dennis Linville, Director of Real Estate
Keith J. Kropfl has been active in the sale and leasing of commercial retail, industrial and office properties for over 25 years. His experience includes tenant buyer representation, development, lease negotiation, sales, property management and commercial financing. He has an extensive track record with corporate clients and consistently services his clients with a high degree of professionalism and integrity.

Prior to joining Avison Young, Mr. Kropfl worked for Voit Real Estate Services and Travers Realty Corporation, specializing in landlord and tenant representation, Grubb & Ellis, specializing in landlord and tenant representation, and Alden Equities Group, specializing in the sale, leasing, management, receivership, appraisal valuation and development of all types of commercial properties.

Keith Kropfl
Principal, Director of
Brokerage Services - Orange County
[email protected]
Direct line: 949.430.0680
CA License: #01106628
Meet the team
City of Fullerton | Broker Opinion of Value
23 w
09 Retail
Services
City of Fullerton | Broker Opinion of Value
24 Avison Young is the world’s fastest-growing commercial real estate services firm.

Headquartered in Toronto, Canada, Avison Young is a collaborative, global firm owned and operated by its principals. Founded in 1978, the company comprises 2,600 real estate professionals in 84 offices , providing value-added, client-centric investment sales, leasing, advisory, management, financing and mortgage placement services to owners and occupiers of office, retail, industrial, multi-family and hospitality properties. 100+
offices worldwide
real estate
professionals
5,000
brokers
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sf under
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retail projects
45m
SF AY-managed retail
projects in U.S.

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project
management
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Enterprise Solutions
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City of Fullerton | Broker Opinion of Value
25 Avison Y oung
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For more information,
please contact:
© 2022 Avison Young – Southern California, Ltd. All rights reserved.

E. & O.E.: The information contained herein was obtained from sources which we deem reliable and, while thought to be correct, is not guaranteed by Avison Young.

Keith Kropfl
Principal, Director of Brokerage Services
[email protected]
Direct line: 949.430.0680
CA License: #01106628
Christina Saas
Marketing Coordinator
[email protected]
Direct line: 949.430.0682
CA License: #01895226
w
Avison Young
4 Park Plaza, Suite 330
Irvine, CA 92614
Visit us online
www.avisonyoung.com
Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

Exhibit 9

Exhibit 10

Exhibit 11

Exhibit 12

Exhibit 13

CAUTION: BE CAREFUL WITH THIS MESSAGEThis email came from outside City of Fullerton. Do not open attachments, click on links, or respond unless youexpected this message and recognize the email address.

Outlook
[EXTERNAL MAIL]Outdoor Seating - City of Placentia
From Senula Liyanage <[email protected]>
Date Thu 11/6/2025 4:35 PM
To Lidia Bojorquez <[email protected]> 2 attachments (7 KB)
Outlook-Logo, comp; Outlook-s3sxyyrd;
You don't often get email from [email protected]. Learn why this is important Hi Lidia,
You had recently called to acquire some information on if the City of Placentia permits outdoor seating in the public right-of-way. To answer your question, we have in the past shortly during/after the pandemic, however, we no longer permit them anymore.

For regulations for outdoor seating on private property, please see the following code section in our Placentia Municipal Code:
§ 23.81.165: Outdoor seating areas - https://ecode360.com/42707054 If you need any more information, do not hesitate to reach out.

Thank you,
Senula Liyanage | Planning Technician
City of Placentia | 401 E. Chapman Ave. Placentia, CA 92870 Phone: 714-993-8187 | Email: [email protected]
Download the iPlacentia Mobile App:

CONFIDENTIALITY NOTICE
This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have Exhibit 14
1 Lidia Bojorquez
From: Alan Truong <[email protected]>
Sent: Thursday, July 24, 2025 8:19 AM
To: Matthew Laninovich
Subject: Re: [EXTERNAL MAIL]Re: Outdoor dining in Public R/W Follow Up Flag: Follow up
Flag Status: Completed
Hi Matt,
We do not allow permanent fixtures in our ROW.

Alan Truong, P.E.

Deputy Public Works Director
Public Works Department
714-744-5535
From: Matthew Laninovich <[email protected]> Sent: Thursday, July 24, 2025 7:52 AM
To: Alan Truong <[email protected]>
Cc: pwinfo <[email protected]>
Subject: RE: [EXTERNAL MAIL]Re: Outdoor dining in Public R/W Do you allow permanent fixtures in the R/W such as fencing being bolted to the sidewalk? Matthew Laninovich PE, PLS, QSD
Senior Civil Engineer
City of Fullerton Public Works-Engineering
p: 714.738.6382
e: [email protected]
303 W. Commonwealth Ave.

Fullerton, CA 92832
www.cityoffullerton.com
From: Alan Truong <[email protected]>
Sent: Thursday, July 24, 2025 7:37 AM
To: Matthew Laninovich <[email protected]>; pwinfo <[email protected]> Subject: [EXTERNAL MAIL]Re: Outdoor dining in Public R/W You don't often get email from [email protected]. Learn why this is important Exhibit 15
2 Good morning Matthew,

Attached is our application with info. and rate. We currently have 9 participants within our old town area.

If you have any questions, please give me a call.

Thanks,

Alan Truong, P.E.

Deputy Public Works Director
Public Works Department
714-744-5535

From: Matthew Laninovich < [email protected] > Sent: Wednesday, July 23, 2025 1:31 PM
To: pwinfo < [email protected] >
Subject: Outdoor dining in Public R/W

This is the first time you received an email from this sender ( [email protected] ). Exercise caution when clicking links, opening attachments or taking further action, before validating its authenticity.

Secured by Check Point

Im looking for information on how your city handles outdoor dining in the public right of way. What your policies are, rates, how many businesses currently lease space, etc.

Thank you,

You don't often get email from [email protected] . Learn why this is important CAUTION: BE CAREFUL WITH THIS MESSAGE
This email came from outside City of Fullerton. Do not open attachments, click on links, or respond unless you expected this 3 Matthew Laninovich PE, PLS, QSD
Senior Civil Engineer
City of Fullerton Public Works-Engineering

p: 714.738.6382
e: [email protected]
303 W. Commonwealth Ave.

Fullerton, CA 92832

www.cityoffullerton.com

Disclaimer: This electronic transmission, and any documents attached hereto, may contain confidential and/or legally privileg ed information. The information is intended only for use by the recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of information received in error is strictly prohibited.

E-mail correspondence, along with any attachments, may be subject to the California Public Records Act; and as such may be subject to public disclosure unless otherwise exempt under the Act.

E-mail correspondence, along with any attachments, may be subject to the California Public Records Act; and as such may be subject to public disclosure unless otherwise exempt under the Act. 1 Lidia Bojorquez
From: Ariana Phelps <[email protected]>
Sent: Wednesday, July 23, 2025 3:16 PM
To: Matthew Laninovich
Subject: Re: [EXTERNAL] RE: [EXTERNAL MAIL]Information on Outdoor Dining Hello,
To follow up about using the public right-of-way for outdoor dining, you will have to contact public works.

The planning department doe not have further information on the usage of public right-of-way. The phone number for the Public Works Department in the City of Anaheim is 714-765-5176.

Ariana Phelps
Planning Aide
Anaheim Planning Department │ Planning Information Team 200 South Anaheim Boulevard, Suite 162
Anaheim, CA 92805
Office: (714) 765-4391
From: Matthew Laninovich <[email protected]> Sent: Wednesday, July 23, 2025 2:48 PM
To: Ariana Phelps <[email protected]>
Cc: PW Permits <[email protected]>
Subject: [EXTERNAL] RE: [EXTERNAL MAIL]Information on Outdoor Dining Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message.

Does Anaheim not allow the use of Public R/W at all for outdoor dining? Matthew Laninovich PE, PLS, QSD
Senior Civil Engineer
City of Fullerton Public Works-Engineering
p: 714.738.6382
e: [email protected]
303 W. Commonwealth Ave.

Fullerton, CA 92832
www.cityoffullerton.com
From: Ariana Phelps <[email protected]>
Sent: Wednesday, July 23, 2025 1:29 PM
To: PW Permits <[email protected]>
Subject: [EXTERNAL MAIL]Information on Outdoor Dining
Exhibit 16
2 Hello,

Attached
here is our outdoor dining code section. Setbacks and encroachments depends on the zoning of specified properties.

Thanks,

Ariana Phelps
Planning Aide
Anaheim Planning Department │ Planning Information Team 200 South Anaheim Boulevard, Suite 162
Anaheim, CA 92805
Office: (714) 765-4391

You don't often get email from [email protected] . Learn why this is important CAUTION: BE CAREFUL WITH THIS MESSAGE
This email came from outside City of Fullerton. Do not open attachments, click on links, or respond unless you expected this 1 Lidia Bojorquez
From: Brea Planning <[email protected]>
Sent: Thursday, July 24, 2025 10:00 AM
To: Matthew Laninovich
Cc: Chapman, Ryan
Subject: [EXTERNAL MAIL]Re: Outdoor Dining in City R/W
Good Morning,
With regards to the City's regulations for outdoor dining in the public right of way can be addressed by our City Engineer, Ryan Chapman as it would require an Encroachment License Agreement (ELA).

I have copied Ryan to the email and he can answer your questions policies, rates, how many businesses currently lease space, etc.

For Planning, depending on the location and to the extent of the proposed dining area may trigger some type of Planning Entitlement, which would typically condition the application to apply for an ELA.

Regards,
PLANNING DIVISION; Brianna Co
Community Development | Planning
P: 714-990-7674 | E: p [email protected] | W: www.cityofbrea.gov Brea Community Center | 1 Civic Center Circle | Brea, California 92821 Click Here For City Service Hours
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

City of Brea
You don't often get email from [email protected]. Learn why this is important CAUTION: BE CAREFUL WITH THIS MESSAGE
This email came from outside City of Fullerton. Do not open attachments, click on links, or respond unless you expected this Exhibit 17
1 Lidia Bojorquez
From: Chapman, Ryan <[email protected]>
Sent: Wednesday, November 12, 2025 3:03 PM
To: Matthew Laninovich
Subject: RE: [EXTERNAL MAIL]Re: Outdoor Dining in City R/W Follow Up Flag: Follow up
Flag Status: Flagged
Hi Matthew,

Thank you for reaching out again regarding outdoor dining and the process for Encroachment License Agreements and Encroachment Permits within the City of Brea.

Proposed development on private property for restaurant uses would typically require an initial plan submittal to the Planning Division for review. Based on the improvements that are being proposed, this would typically result in a Plan Review or other Entitlement Process that would be submitted to the Planning Division staff and reviewed by all applicable City Departments. Ultimately, the result of this review would be Conditions of Approval on the proposed development. All private improvements that are proposed to be located in the public right-of-way, public easement areas, or within public property require an Encroachment License Agreement to be entered into between the City and the Applicant/property owner. As part of the aforementioned Plan Review or other Entitlement Process, the proposed development would receive a condition of approval requiring the Encroachment License Agreement.

In the case that the project was approved through it’s applicable planning/entitlement process, the project would move forward into submittals to Building & Safety for all improvements located on the private property. At this same time, the applicant team would provide a separate submittal to Public Works for the development and review of the Encroachment License Agreement. This permit submittal would require the submittal of an initial fee of $1,345 for the development and review of the agreement in coordination between the City Attorney and the Applicant team, and the submittal of various exhibits that would serve as attachments to the Encroachment License Agreement. As part of the Encroachment License Agreement process, payment of a one-time bond would be required to cover potential situations where the City may need to remove the private improvements and return the area back to the original state. This bond would be determined based on an engineer’s estimate that is developed by the applicant’s design team, and reviewed and agreed upon by City staff. Once all terms of the agreement have been agreed upon, the Encroachment License Agreement would be taken to City Council for consideration of approval. If approved, the agreement would be then recorded at the County of Orange.

After the Encroachment License Agreement is put into place, a separate Public Works Encroachment Permit would need to be applied for and obtained by the applicant/contractor team prior to any construction, improvements, or staging in the public right-of-way, in public easement areas, or in public property. Fees associated with this permit submittal would vary based what the proposed improvements are and the level of plan review associated with the improvements. The Public Works Encroachment Permit submittal from the development team would consist of the submittal of the improvement plans and the applicable traffic control plans for the project. Upon obtaining the Public Works Encroachment Permit, the improvements in the public right-of-way, easement, or property could move into construction, and during the project would be inspected by the City for conformance with the approved plans and the applicable City standards.

Thank you,
~Ryan

2 RYAN CHAPMAN, P.E.

From: Matthew Laninovich <[email protected]> Sent: Wednesday, November 12, 2025 1:47 PM
To: Chapman, Ryan <[email protected]>
Cc: Lidia Bojorquez <[email protected]> Subject: RE: [EXTERNAL MAIL]Re: Outdoor Dining in City R/W

Ryan,

Im once again going over all other cites outdoor dining policies as directed by our council. DO you allow permanent fixtures in the public right of way for outdoor dining? If you do can you direct me to your rates and process?

Thank you,

Matthew Laninovich PE, PLS, QSD
Senior Civil Engineer
City of Fullerton Public Works-Engineering

p: 714.738.6382
e: [email protected]
303 W. Commonwealth Ave.

Fullerton, CA 92832
www.cityoffullerton.com

From: Brea Planning <
[email protected] >
Sent: Thursday, July 24, 2025 10:00 AM
3 To: Matthew Laninovich < [email protected] > Cc: Chapman, Ryan < [email protected] >
Subject: [EXTERNAL MAIL]Re: Outdoor Dining in City R/W

Good Morning,

With regards to the City's regulations for outdoor dining in the public right of way can be addressed by our City Engineer, Ryan Chapman as it would require an Encroachment License Agreement (ELA).

I have copied Ryan to the email and he can answer your questions policies, rates, how many businesses currently lease space, etc.

Regards,
PLANNING DIVISION; Brianna Co

Im looking for information on how your city handles outdoor dining in the public right of way. What your policies are, rates, how many businesses currently lease space, etc.

Thank you,

5 Matthew Laninovich PE, PLS, QSD
Senior Civil Engineer
City of Fullerton Public Works-Engineering

p: 714.738.6382
e: [email protected]
303 W. Commonwealth Ave.

Fullerton, CA 92832

www.cityoffullerton.com

From: Matthew Laninovich <[email protected]> Sent: Wednesday, July 23, 2025 1:37 PM
To: Brea Planning <[email protected]>
Subject: Outdoor Dining in City R/W

Im looking for information on how your city handles outdoor dining in the public right of way. What your policies are, rates, how many businesses currently lease space, etc.

Thank you,

Matthew Laninovich PE, PLS, QSD
Senior Civil Engineer
City of Fullerton Public Works-Engineering

p: 714.738.6382
e: [email protected]
303 W. Commonwealth Ave.

Fullerton, CA 92832

www.cityoffullerton.com

Customer Agreement Total occupied
space (sqft) Lease Rate Monthly
Payment
Account
Balance Past Due Payment Plan
Balance Last Payment Received Notes
Back Alley Bar & Grill Enc#435; Ex. 2/6/2025 336 1.71$ 574.56$ 12,745.95$ 12,745.95$ -$ 10/31/2025 - $250 Payment of $250 received 9/25/2025 Les Amis Enc#429; Ex. 11/15/2024
Enc#430; Ex. 11/15/2024 1,878

1.71$
3,211.38$ 40,819.24$ 40,819.24$ -$ 7/23/2025 - $3,900 Billing discontinued effective 10/23/2025 Agreements Terminated
Ziings Bistro Enc#434; Ex. 12/17/2024 490 1.71
$
837.90$
837.90$
-$
-$
10/14/2025 - $837.90
Kalaveras Restaurant Enc#438; Ex. 4/21/2025 990 1.71$
1,692.90$ 5,078.70$ 3,385.80$ 3,385.80$ 10/13/2025 - $1,692.90 Payment Plan is Current.

Bourbon Street Bar & Grill Enc#374; Ex. 9/22/2023 535.5 1.71$ 915.70$
10,885.21$ 9,969.51$ 9,969.51$ 11/10/2025 - $1,415.70 Payment Plan is Current.

Made Coffee Enc#331; Ex. 2/14/2023 66 -$
-$
-$
-$
-$
-
Pilgrims Coffee Enc#413; Ex. 7/15/2024 60 -$
-$
-$
-$
-$
-
Rialto Café Enc#402; Ex. 3/19/2024 100 -$
-$
-$
-$
-$
-
7,232.44$
70,367.00$ 66,920.50$ 13,355.31$
Encroachment Accounts as of 11/13/2025
Exhibit 18

City Council - Successor Agency - Housing AuthorityDecember 2, 2025

City Council - Successor Agency - Housing Authority
December 2, 2025