Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: UPDATE ON LAWS AND POLICIES THAT REGULATE
SMALL-SCALE FOOD AND RETAIL BUSINESSES IN COTATI
Date: January 14, 2025
Written by: Autumn Buss, Associate Planner
Recommendation
It is recommended that the City Council receive a report on small-scale food and retail businesses.
This report will provide an overview of current laws and policies at the state and local level that regulate small-scale food and retail businesses, including microenterprise home kitchen operations, sidewalk vendors, cottage food operations, parklets, urban agriculture, and food trucks. Over the past several years there have been a number of regulatory changes that have impacted the way that these types of businesses operate in both the public and private spheres.
This report will also describe actions that the City may consider taking in the future to more effectively integrate these businesses into Cotati’s community fabric.
Microenterprise Home Kitchen Operations (MEHKOs)
MEHKOs are small-scale restaurants operated by a resident in a private home, established by State Assembly Bills 626 (2018) and 377 (2019). The intent of this legislation was to provide more home-based business opportunities to disadvantaged persons and those with limited access to capital, increase community access to healthy food, and increase food safety among existing MEHKOs. State law allows counties to “opt in” to the law to permit MEHKOs locally, and provides the health and safety standards for MEHKOs. On October 22, 2024, the County of Sonoma Board of Supervisors adopted an ordinance to permit MEHKOs in all jurisdictions and unincorporated areas of the county. Cities must comply with this ordinance, which will take effect January 1, 2025.
Under the new ordinance, MEHKOs must be allowed by-right in residential occupancies and 150 of 237
may not be further regulated by local zoning or building regulations. However, the City may require a business license and enforce its existing noise and nuisance standards in MEHKO operations. These include rules related to solid waste disposal, prohibition of polysterene products, loud and unruly gatherings, blocking streets or sidewalks, parking in permitted areas, outdoor lighting, and operating hours. In addition, each MEHKO will require an annual health permit from Sonoma County Environmental Health. See Attachment 1 for a summary of the MEHKO standards set by state law.
The County’s ordinance does not fully address responsibility for regulation and enforcement of MEHKOs within individual jurisdictions. However, Sonoma County Environmental Health plans to convene a working group of city staff early in 2025 to discuss these issues and determine an effective structure for communication and coordination between the County and cities.
Sidewalk Vending
State law created by SB 946 (2018) allows sidewalk vending of food and merchandise on public sidewalks and in parks, subject to certain restrictions. SB 972 (2022) clarified that Compact Mobile Food Operations, which conduct limited food preparation, are also protected as sidewalk vendors. Sidewalk vendors may make sales from a pushcart, stand, wagon, or other nonmotorized conveyance, or from their person, and they may be roaming or stationary. A permit from Sonoma County Environmental Health is required for many vendors selling prepared foods, but under state law, local jurisdictions have little latitude to regulate sidewalk vendors. Some of the standards that a city may enforce without adoption of a related ordinance include limited locational restrictions and caps on the total number of vendors in an area for health, safety, and welfare concerns. Attachment 2 is a summary handout of the regulations that are in effect in Cotati at this time.
Local jurisdictions do have the option to adopt an ordinance to further regulate sidewalk vendors, within significant limits. The ordinance may:
• Refine limits on operation within specific parts of the public right of way, in public parks, or designated neighborhoods or areas, if the restriction is directly related to objective health, safety, and welfare concerns
• Limit operating hours
• Require maintenance of sanitary conditions
• Require a sidewalk vending permit or valid business license • Require a California Department of Tax and Fee Administration seller’s permit • Allow a jurisdiction to cite, fine, or prosecute a sidewalk vendor for violation of regulations.
The City Council may choose to direct staff to pursue an ordinance in the future to further regulate sidewalk vendors.
Cottage Food
The California Homemade Food Act (AB 1616) of 2013 created a new category of food 151 of 237
enterprise in California called a cottage food operation, which allows the use of a home kitchen for processing food for sale to the public. The types of foods that a cottage food operation can sell are limited to “non-potentially hazardous foods,” which are foods that are unlikely to grow harmful bacteria or other toxic microorganisms at room temperature. This includes certain baked goods, candies, dried foods, extracts, certain jams and other preserves, nuts/nut butters, certain mustards and vinegars, honey, and powdered drink mixes. Cottage food operators require a permit from Sonoma County Environmental Health. Cottage food sales may occur directly, from the producer to the consumers at community events or from the home; or indirectly through shops, restaurants, or another third party.
State law requires that local jurisdictions allow a cottage food operation in any residential dwelling, either by 1) classifying it as a permitted use in residential zoning districts, or 2) providing for a nondiscretionary permitting process. Cottage food operations would most likely be considered a “Home Occupation,” a land use which is allowed by CMC Section 17.22.020 as a by-right, permitted use in all residential and mixed-use zoning districts. However, Cotati’s home occupation standards, set forth in CMC Section 17.42.080, were last updated in 2004, predating the state’s cottage food law. Therefore, cottage food is not referenced in that section or elsewhere in the Code. Section 17.42.080 provides sufficient standards to ensure that cottage food operations do not negatively impact neighboring uses. The City Council may wish to amend Section 17.42.080 to specifically add cottage food operations as an allowed home occupation use. The text of Section 17.42.080 can be found in Attachment 3.
Parklets
The City embraced parklets for outdoor dining during the Covid pandemic, and when the shortterm “tent” parklets were removed in 2023, prepared guidelines for the installation and maintenance of permanent parklets. One permanent parklet has been installed, at Flagship Taproom, on parking spaces in a privately owned lot. City staff are considering adding guidelines for temporary parklets that would allow businesses the opportunity to occasionally use public or private parking spaces for outdoor dining without installing an expensive permanent fixture or going through the Limited Term Permit process which is also costly. The City’s current Parklet and Outdoor Dining guidelines are included as Attachment 4.
Garden Stands and Produce Stands
With the adoption of its urban agriculture ordinance in 2022, the City approved garden stands as a permitted use in residential areas, allowing residents to sell produce, eggs, and cottage foods from their gardens at small temporary stands up to three days per week. Produce stands, which may be larger than garden stands and operate up to seven days per week, are allowed with a use permit in the Open Space-Recreation, Rural Residential, and Residential Very Low Density zoning districts.
Food Trucks
Cotati’s Code does not contain any references to food trucks, and currently food trucks are only allowed at an event with a limited term permit or on a private property with a restaurant with 152 of 237
which the food truck is affiliated. This is based on the staff interpretation that food trucks are classified as outdoor dining and addressed in the “Outdoor Displays and Sales” standards in CMC Section 17.42.130(E)(1), which states: “An outdoor dining area may be allowed accessory and incidental to a restaurant with an indoor eating area on the same site.” With the exception of minor amendments included in the urban agriculture ordinance of 2022, Section 17.42.130 was last updated in 2007.
Over the intervening years since 2007, food trucks have become increasingly popular across the U.S. as a tool to incubate small businesses, enliven street scenes, and expand the range of culinary offerings in a community. There is a common concern that food trucks compete with brick-and-mortar restaurants. However, “Food Truck Truth,” a 2022 study by the Institute for Justice, indicates otherwise. The study analyzed 12 years’ worth of data from counties across the U.S., which showed that not only do food trucks not harm restaurants, but that growth in the number of food trucks seems to correlate with growth in the number of restaurants. The study authors posit that food trucks may actually help restaurants, by doing the following:
• Functioning as incubator businesses for entrepreneurs who may go on to open restaurants • Primarily competing with fast food outlets, rather than all restaurants • Allowing brick-and-mortar restaurants to test new markets and products • Increasing foot traffic to an area, which can benefit restaurants • Stoking the fire of innovation and healthy competition The full study is available at: https://ij.org/report/food-truck-truth/.
In addition, the changes described above related to MEHKOs, sidewalk vending, cottage food operations, parklets, and garden/product stands have shifted the small-scale food and retail landscape such that food trucks may now be very complementary to other businesses of this type, particularly in relation to local economic development. For these reasons, the City may wish to consider updating its policies related to food trucks. This might include allowing food trucks on private properties without restaurants and/or in public parking areas. If the City wishes to allow food trucks in a greater range of situations, it can adopt standards to ensure that impacts to businesses and residents are minimized. In addition, all food trucks require a Mobile Food Facility Permit from the County of Sonoma Environmental Health Department.
Summary of Potential Future Actions
As described above, the following are potential future actions that the City might consider to better integrate small-scale food and retail businesses into the community:
• Adopt an ordinance creating additional standards for sidewalk vendors as allowed by state law
• Update CMC Section 17.42.080 to classify cottage food operations as home occupation businesses
• Adopt an ordinance allowing food trucks in a greater range of locations and setting standards for their operations.
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Attachment 1: Summary of MEHKO Standards
• A Microenterprise Home Kitchen (MEHKO) is a small-scale restaurant (dine-in or take-out) operated by a resident in a private home, established by State Assembly Bills 626 (2018) and 377 (2019). The intent of this legislation was to provide more home-based business opportunities to disadvantaged persons and those with limited access to capital, increase community access to healthy food, and increase food safety among existing MEHKOs. State law allows counties to “opt in” to the law to permit MEHKOs locally, and provides the health and safety standards for MEHKOs. • On October 22, 2024, the County of Sonoma Board of Supervisors adopted an ordinance in accordance with state law to permit MEHKOs in all jurisdictions and unincorporated areas of the county. Cities must comply with this ordinance, which will take effect January 1, 2025. • Under the new ordinance, MEHKOs must be allowed by-right in residential occupancies and may not be further regulated by local zoning or building regulations, although locations of MEHKOs must not conflict with the Cotati General Plan. Since all of the land use designations in the General Plan that allow residential also allow “associated neighborhood retail” or are commercial designations, conflict with the General Plan is not likely to be an impediment to permitting a MEHKO. • The City may require a business license and enforce its noise and nuisance standards in MEHKO operations. In addition, each MEHKO will require an annual health permit from Sonoma County Environmental Health, which will include confirmation of City business license and consistency with the General Plan. State law requires that EH be the primary point of contact for MEHKOs for permitting.
• Under the County ordinance and state law, MEHKOs will be subject to the following requirements:
o The operator must be a resident of the private home operating as a MEHKO and hold a food safety manager certification (obtainable through third-party accreditation organization).
o The MEHKO must be the primary residence (second homes, vacation homes, and motor homes do not qualify).
o If the residence is leased or rented, the property owner will be required to approve the use.
o No more than one employee may work in the facility, in addition to family and household members.
o Each individual working in the MEHKO must obtain a food handler card (obtainable through third-party accreditation organization).
o Food must be prepared, cooked, and served the same day. o Food preparation must occur in the kitchen of the residence with no auxiliary kitchens added.
o No outdoor signage or outdoor displays are allowed.
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o Sales will be limited to 30 meals/day or 90 meals/week with gross annual sales limited to $100,000 annually.
o Meals may be consumed on-site, picked up, or delivered by an employee, family member, or household member. Third-party delivery services, catering, resale, and sales from food trucks or carts are prohibited, although online sales are allowed and may be through a third-party intermediary.
o Only one MEHKO is allowed per site, and it cannot operate alongside a Cottage Food operation.
o Permits are non-transferrable.
o A MEHKOs may apply to the California Department of Alcohol Beverage Control (ABC) to provide alcoholic beverage service.
• Enforcement:
o Environmental Health may conduct one routine inspection per 12-month period.
Additional inspections will be scheduled in response to complaints or emergencies. o The City may enforce its existing noise and nuisance ordinances in relation to MEHKO operations.
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Sidewalk Vending in Cotati
State law (SB 946) now allows sidewalk vending of food and merchandise on public sidewalks and in parks, subject to certain restrictions. Sidewalk vendors may prepare food and make sales from a pushcart, stand, wagon, or other nonmotorized conveyance, or from their person, and they may be roaming or stationary.
In Cotati, the following rules apply to sidewalk vendors:
• Vendors may not block the sidewalk; they must maintain a minimum 4 feet clear passing space at all times.
• Stationary sidewalk vendors are prohibited in areas zoned exclusively for residential use (the Rural Residential (RR) and Residential Very Low Density (RVL) zones). • Vendors do not require permission from adjacent property owners or any other private entity to operate on public sidewalks and in public parks.
• Vendors selling prepared food (examples include hot dogs, tamales, shaved ice, fruit cups, pre-cooked corn, popcorn, roasted nuts, and churros) must have and display a current permit from Sonoma County Environmental Health.
• Vendors with less than 25 square feet of display space AND selling only prepackaged food (examples include chips and bottled water) or whole uncooked produce are not required to have health permits. • Vendors stopped at one location for over an hour must have access to a permanently installed restroom within 200 feet.
• Sidewalk vending of alcoholic beverages, cannabis products, tobacco products, or other legally controlled substances is prohibited.
• Sidewalk vendors are required to have and display a Cotati business license. • Sidewalk vendors shall maintain a clean and trash-free 10-foot radius around their stand. • When departing a location used for vending the sidewalk vendor shall remove all trash and debris from the location.
• Sidewalk vendors shall immediately clean up any food, grease, or other fluid or item related to their vending activities that falls onto the sidewalk or other public property. • Vendors must comply with the City of Cotati Noise Ordinance. • Vendors may not operate in the following manner or locations:
oIn any area that serves to provide ADA access
oIn any area blocking access to a business, residence, public facility or street furniture, bike racks, etc. oWithin 100 feet of the Cotati Farmer’s market (when operating) or other City approved events oIn any City park outside of the posted open hours of the park, or if the park has no posted hours, between the hours of 8:00pm and 9:00am
Questions?
Contact Noah Housh, Community Development Director, City of Cotati [email protected] 707-665-3636
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EnvironmentalHealth 625 5th Street, Santa Rosa,CA95404707-565-6565 [email protected] https://sonomacounty.ca.gov/Health/Environmental-Health-and-Safety/ Compact Mobile Food Operations
On September 23, 2022, Governor Newsom signed SB 972, a bill that modifies the California Retail Food Code (CRFC) and allows some sidewalk food vendors to obtain public health permits.
The new law established a new retail food facility, among other changes, and is effective on January 1, 2023.
Compact Mobile Food Operation (CMFO) in section 113831 of the CRFC is defined as a “mobile food facility that operates from an individual or from a push cart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.”
A CMFO may have non-prepackaged food and conduct limited food preparation with potentially hazardous foods and non-potentially hazardous foods. Examples of menu items that easily fit within limited food preparation include but are not limited to: hot dogs, shaved ice, roasted nuts, popcorn, churros, fruit cups, precooked corn, and tamales. The menu that can be prepared from a CMFO depends on the equipment present on the CMFO.
Before operation begins, a CMFO will need the following:
• Health permit required.
• Commissary which can either be a permitted food facility or a permitted Cottage Food Operation (CFO) Class B. A CFO can serve as a commissary for a maximum of 2 CMFO’s with endorsement from Environmental Health.
• Handwashing is required if there is handling of open food on the CMFO. • Warewashing is required if there is handling of raw meats, raw poultry, or raw fish on the CMFO.
• Mechanical refrigeration is required for cold holding potentially hazardous foods at or below 41°F. Hot-holding unit is required for hot holding potentially hazardous foods at or above 135°F.
• Food handler cards required.
• Potentially hazardous food prepared at an approved facility and served from a CMFO shall be destroyed at the end of the operating day.
• Restroom access if parked at one location for more than 1 hour. • Routine inspection conducted annually.
Exemptions: A health permit and an inspection may not apply for CMFOs that have less than 25 square feet of display space AND sell only non-potentially hazardous prepackaged food or whole uncooked produce.
For more information, please contact Sonoma County Environmental Health at (707) 565- 6565 or visit us at: https://sonomacounty.ca.gov/Health/Environmental-Health-and-Safety/ 157 of 237
Cotati Municipal Code Page 1/2
The Cotati Municipal Code is current through Ordinance 926, passed July 9, 2024.
Attachment 3
17.42.080 Home occupations.
The following standards for home occupations are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by Chapter 17.22 (Allowable Land Uses) of this title:
A. Business License Required. A home occupation shall require a city business license.
B. Limitations on Use. The following are examples of business activities that may be approved as home occupations, and uses that are prohibited as home occupations:
1. Uses Allowed as Home Occupations. The following and other uses determined by the director to be similar may be approved by the director in compliance with this section:
a. Art and craft work (ceramics, painting, photography, sculpture, etc.); b. Office-only uses, including an office for an architect, attorney, consultant, counselor, doctor, insurance agent, planner, tutor, writer, and electronic commerce; c. Personal trainers and licensed massage therapy and physical therapy; and d. Tailors, sewing.
2. Uses Prohibited as Home Occupations. The following are examples of business activities that are not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:
a. Adult entertainment activities/businesses;
b. Animal hospitals and boarding facilities;
c. Auto and other vehicle sales, repair and service (body or mechanical), painting, storage, or upholstery, or the repair, reconditioning, servicing, or manufacture of any vehicle engine, or of any motor vehicle, including automobiles, boats, motorcycles, or trucks;
d. Commercial cabinet or furniture making, and similar uses; e. Contractor’s and other storage yards;
f. Dismantling, junk, or scrap yards;
g. Fitness/health facilities, except those allowed under subsection (B)(1) of this section; h. Medical clinics and laboratories;
i. On-site sales, except that mail order businesses may be allowed where there is no stock-in-trade on the site;
j. Personal services as defined in Article 9 (Glossary), except those allowed under subsection (B)(1) of this section;
k. Transportation services, including ambulance, taxi, limousine, tow truck, etc.; l. Uses which require explosives or highly combustible or toxic materials; m. Welding and machine shop operations;
n. Wood cutting businesses; or
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Cotati Municipal Code Page 2/2
The Cotati Municipal Code is current through Ordinance 926, passed July 9, 2024. o. Other use the director determines to be similar to those listed above.
C. Operating Standards. Home occupations shall comply with all of the following operating standards:
1. Accessory Use. The home occupation shall be clearly secondary to the full-time use of the property as a residence.
2. Location of Home Occupation Activities.
a. RR Zoning District. Allowed home occupation activities may be conducted within an approved accessory structure in the RR zoning district, provided that at least two covered parking spaces are continually maintained.
b. Other Zones. All home occupation activities shall be confined completely to one room within the primary dwelling, which shall not occupy more than twenty-five percent of the gross floor area of the ground level floor. Garages or other enclosed accessory structures shall not be used for home occupation purposes, except for the storage of incidental office supplies, and only if two covered parking spaces are continually maintained. Horticulture activities may be conducted outdoors, but only within the rear one-third of the site.
3. Visibility. The use shall not require any exterior modification to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public right-of-way, or from neighboring residential properties.
4. Signs. There shall be no signs, other than one name plate, not exceeding one square foot in area, and only if attached flush to a wall of the structure.
5. Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.
6. Off-Site Effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the director.
7. Outdoor Display or Storage. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.
8. Employees. A home occupation shall have no on-site employees other than full-time residents of the dwelling.
9. Client/Customer Visits. The home occupation shall be operated so as to not require more than twelve vehicle trips per day of clients, customers, and/or visitors to the residence. On-site presence of clients or customers shall be limited to one client or family at a time, and only between the hours of nine a.m. and eight p.m.
10. Deliveries. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home pick-ups and deliveries.
11. Motor Vehicles. The motor vehicles used or kept on the premises, except residents’ passenger vehicles, shall comply with the requirements of Section 17.36.130 (Commercial vehicles on private property) of this title.
12. Utility Service Modifications. No utility service to the dwelling shall be modified solely to accommodate a home occupation, other than as required for normal residential use. (Ord. 766 § 2 Exh. A (part), 2004). 159 of 237
Parklet and Outdoor Dining Standards
1 A parklet is a semi-permanent installation to allow outdoor dining on parking spaces, which maybe be public or private. Outdoor dining refers to other situations including sidewalks, plazas, or other open areas, and can also be located on public or private property.
Standards for parklets and outdoor dining are divided into three sections below: Those applicable to both parklets and outdoor dining, applicable to outdoor dining only, and applicable to parklets only. For more information, contact the Community Development Department at 707-665-3636.
A. Standards Applicable to Both Parklets and Outdoor Dining General
1. All installations must receive City evaluation and approval for Planning/Zoning issues, design, accessibility/ADA compliance, and traffic safety, and from the Police Department and Fire Marshall. A Minor Use Permit is required if the installation will abut a residential use.
2. All installations shall require a Building Permit, unless the Community Development Director determines that this requirement may be waived.
3. Any installation on public property will require the subject business to enter into a License Agreement with the City, liability insurance to meet City’s standards, and, in the case of a parklet, payment of an annual fee of $1 per square foot of public property occupied.
Licensee is responsible for the installation, maintenance, and upon termination of License, removal of parklet/outdoor dining and return of the space to its prior condition or better.
4. The property owner’s written permission is required for private property installations.
Design and Building
5. Installations on public property must be located directly in front of the subject business, and the linear space allocated shall generally not exceed the length of the subject business’ street frontage.
6. Furnishings, fencing, railing, and other components shall be constructed primarily of finished wood or metal. No plastic furnishings shall be allowed without City approval.
7. No business names, logos, or advertising shall be allowed on furnishings, umbrellas, fencing, lighting, barricades, diverters, planters, or other components.
8. Any signs proposed will require a Sign Permit.
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2 9. Installations shall not block visibility of nearby businesses, encroach by more than 1/3 into street tree canopies, or block driveways or utilities.
10. No element of installations on public property may penetrate the street or sidewalk surface.
11. Battery- and solar-powered lights are allowed.
12. Electricity may be extended to the installation, with City approval. In general, power cords will be limited to one, and must be run overhead.
13. Gas-powered heating devices may be proposed, but will require City approval. Propane heaters must have a minimum 5’ clearance from flammable materials, and shall not be placed underneath canopies, awnings, umbrellas, or trees. Electric heaters may be used per manufacturer’s safety instructions, if electricity is available.
Safety and Accessibility
14. Any installation must preserve a minimum 4’ unobstructed path of travel along sidewalks.
15. All outdoor dining and parklets must be maintained in a clean, sanitary condition.
16. No chemicals or hazardous substances shall be used in the maintenance of parklets or outdoor dining in such a way that they might run off into the street, gutter, and/or storm drains.
17. The City is not responsible for damage to parklets or outdoor dining from vehicles, routine City maintenance in the public right-of-way, or impacts due to emergency repairs to City utilities and/or street features.
18. Any tables, seats, counters, drink rails, and other amenity provided must include at least one each that is of an accessible/ADA-compliant design.
B. Standards Applicable to Outdoor Dining (Non-Parklet) Only
19. All outdoor dining shall provide a minimum clearance of 5’ around fire hydrants, 3’ around fire department connections on buildings, 2’ from driveways, and 10’ from bus stops, and shall not obstruct curb returns or curb ramps.
20. On public property, market-style shade umbrellas may be used and shall be made of canvas or canvas-like material. A minimum vertical clearance of 7’ is required under umbrellas; maximum height umbrellas of is 9’. Umbrellas must be stored in the closed position during non-operating hours.
21. On private property, semi-permanent covering, trellising, pergolas, and canvas shade cloths or umbrellas are allowed and shall be anchored consistent with manufacturer’s guidelines to withstand windloads, and in a manner acceptable to the City. Reasonable height of roofing/covering and supporting posts shall be as approved by the City, generally a minimum of 7’ and maximum of 10’.
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3 C. Standards Applicable to Parklets Only
General
22. Parklets may only be located on streets with existing on-street parking spaces.
23. Parklets proposed for streets with speed limits of 25 or 30mph will require additional City review; parklets are prohibited on streets with speed limits of 35mph or more.
24. A maximum of two public parking spaces, or three private lot parking spaces, may be occupied by a parklet. Accessible/ADA parking spaces and loading zones may not be used for parklets.
25. A parking evaluation will be performed by the City for parklets proposed on private property to ensure that removal of parking will not adversely impact neighboring businesses or residents.
Safety and Accessibility
26. Parklets shall be located such that the entire parklet area maintains the following clearances:
a. 20’ from an intersection from the approaching direction b. 10’ from an intersection from the exiting direction
c. 10’ from bus stops
d. 5’ from fire hydrants or other fire department connections e. 2’ from any active driveway
f. Access to public utilities shall not be obstructed.
g. Parklets located within 35’ of street intersections may be prohibited or limited in height and area, at the City’s discretion.
27. Parklets shall include minimum safety buffers as follows: 4’ from adjacent parallel parking spaces; 2’ from adjacent diagonal parking spaces or perpendicular parking spaces; 2’ from traffic lanes; and 1’ from bike lanes. Safety buffers will be included in the total parklet footprint area allocated to the business.
28. Traffic safety elements shall be installed per City requirements, at applicant’s expense, and must be located within the total parklet footprint area allocated to the business. a. Traffic barricades or their equivalent will be required on all non-sidewalk sides of a parklet. Potential barricades may include steel stock tank planters, heavy wood planter boxes, or similar objects.
b. Wheel stops will be required for parklets occupying parallel parking spaces. c. Edges and corners of parklets should be marked with yellow high-intensity retroreflective tape or reflectors to be visible to drivers at night. d. The City may require additional safety measures at its discretion.
29. Each parklet shall include a readily visible address for emergency responders. 162 of 237
4 Design and Building
30. Parklets shall be delineated by open fencing or other approved barrier material of 30” to 42” high. Intermittently-placed posts exceeding 42” are allowed to support covering, but should not block clear visibility through the parklet. Fully transparent panels above 42” high to block the wind may be considered.
31. If used, umbrellas shall be made of canvas or canvas-like material, and shall be stored in the closed position when the subject business is closed.
32. Semi-permanent covering, trellising, pergolas, and canvas shade cloths are allowed and shall be anchored consistent with manufacturer’s guidelines to withstand windloads, and in a manner acceptable to the City. Reasonable height of roofing/covering and supporting posts shall be as approved by the City, generally a minimum vertical clearance of 7’ and a maximum height of 10’. Coverings shall not extend over a public sidewalk.
33. Parklets adjacent to a sidewalk/curb must have solid flooring installed to create a stable, smooth, slip-resistant ADA-compliant raised platform of less than 2% slope. The flooring must be flush with the sidewalk/curb, with no more than ½” horizontal gap and no more than 1/4” vertical gap or level change.
34. Parklet flooring must be designed and constructed to avoid water pooling underneath, allow regular cleaning underneath, and avoid impeding curbline drainage. A minimum 6” by 6” of clear gutter space must be provided along the entire length of the platform, and should be maintained so that gutter remains unblocked, including regular trash removal.
The rest of the flooring platform shall be designed to prevent debris and trash from going underneath.
Maintenance
35. The area underneath the parklet flooring platform and the adjacent gutter shall be cleaned out weekly, preferably by sweeping or blowing. Trash shall not be allowed to accumulate under or adjacent to the parklet, or to enter any adjacent storm drains.
36. Buffer areas shall be maintained and kept clear of trash and obstructions such as garbage bins, bicycles, etc.
37. Periodically, the City will need to maintain the road surface and may require the operators of parklets on public property to remove the installation for that operation.
Updated April 17, 2023
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