Healdsburg City Council
September 2, 2025

E. PROFESSIONAL SERVICES AGREEMENT WITH THE KPA GROUP
Adopted Resolution No. 19-2025 titled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HEALDSBURG APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH THE KPA GROUP, IN THE NOT-TO-EXCEED AMOUNT OF $91,710 TO DEVELOP A SPACE UTILIZATION AND CONDITION ASSESSMENT

STUDY FOR CITY-OWNED FACILITIES, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND AMENDING THE ADOPTED BUDGET.” (Ayes 5, Noes 0, Absent – None)
F. APPROVAL OF MINUTES
By motion, approved the May 20, 2024 Regular Meeting Minutes, the June 3, 2024 Regular Meeting Minutes and the June 17, 2024 Regular Meeting Minutes. (Ayes 5, Noes 0, Absent – None)
G. 2024 GROWTH MANAGEMENT ORDINANCE (GMO) ANNUAL REPORT By motion, accepted the annual report. (Ayes 5, Noes 0, Absent – None) H. 2024 GENERAL PLAN ANNUAL REPORT
By motion, accepted the 2024 General Plan Annual Report and directed staff to file with the appropriate State agencies. (Ayes 5, Noes 0, Absent – None) I. 2024 HOUSING ELEMENT ANNUAL PROGRESS REPORT
Accepted the Housing Element Annual Progress Report for 2024 and directed staff to submit the report to the State of California Department of Housing and Community Development and the State Office of Planning and Research. (Ayes 5, Noes 0, Absent – None) The motion to approve the Consent Calendar as above carried on a unanimous voice vote. (Ayes 5, Noes 0, Absent 0)
PUBLIC HEARING – DRY CREEK COMMONS AFFORDABLE HOUSING PROJECT Housing Director Sotomayor stated the action this evening was to conduct a tax equity and fiscal responsibility act (TEFRA) public hearing and adopt a resolution approving the issuance of up to $35 million in tax-exempt bonds through the California Municipal Finance Authority. Director Sotomayor provided general information on what a TEFRA hearing is and why its needed.

Director Sotomayor further provided an overview of the Dry Creek affordable housing project.

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March 17, 2025

In response to Council’s inquiries, Director Sotomayor provided information on how much money the City would receive for holding the TERFA hearing, the funding committed to various affordable housing projects and how tax credits work to fund affordable housing projects.

Jocelyn Lin, Burbank Housing provided information on the Dry Creek project timeline and the wetlands restrictions on the site.

Mayor Mitchell opened the public hearing.

There were no public comments on this item.

On a motion by Councilmember Hagele, seconded by Vice Mayor Herrod, adopted Resolution No. 20-2025 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING A PLAN OF FINANCE OF THE CALIFORNIA MUNICIPAL

FINANCE AUTHORITY TO ISSUE AND REISSUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $35,000,000 FOR THE PURPOSE OF

FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION,

IMPROVEMENT AND EQUIPPING OF THE DRY CREEK COMMONS PROJECT, A

QUALIFIED RESIDENTIAL RENTAL PROJECT, AND CERTAIN OTHER MATTERS RELATING THERETO.” The motion carried on a unanimous roll call vote. (Ayes 5, Noes 0, Absent – None)
PUBLIC HEARING – TO START AT A TIME CERTAIN OF 6:45 P.M. – FOURTH

PUBLIC HEARING ON DISTRICT ELECTIONS
City Manager Kay introduced this item for discussion, noting this is the fourth public hearing on District Elections and the fifth public hearing would take place on April 7, 2025.

Paul Mitchell, consultant with Redistricting Partners reviewed the agenda for the evening, the required criteria when districting the City and noted how many new maps had been submitted before the deadline. Mr. Mitchell further reviewed various details about Map C2 and Draft Map D and where the City is on the schedule.

Mr. Mitchell provided information on numbering and sequencing of the Districts noting numbering and sequencing would happen after the vote on the final map and reviewed what the next steps of the evening would be.

In response to Council’s inquiries, Mr. Mitchell provided information on sequencing options, how race is considered in the districting process and the difference between drawing district boundaries and selecting sequencing.

Mayor Mitchell opened the public hearing.

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Public Comment
Richard Burg inquired how many districts in each map being considered include all of the downtown and how many maps are currently being considered for the final one.

Jonathan Pearlman commented on Map C2 and the comments from prior meetings that Map C2 addressed.

Council Comments
Councilmember Edwards inquired if the Council could review map 286075 and commented on the shape and size of the districts.

Council discussion ensued on how the districts in Map 286075 split certain streets in half, the district boundaries, natural boundaries and priorities when reviewing district boundaries. Council discussion further ensued on district boundaries in Map C2, unifying certain neighborhoods that have specific character and removing Map C2 from consideration.

Additionally, Council discussed the characteristics of Map A and Map D they liked, changes they would like to see, the potential to move different communities of interest around, balancing population and how many districts touch the downtown core in both maps. Council discussed Map ID 284689, a six-district map and the size and shape of each district. Council also discussed Map ID278633, a four-district and the size and shape of each district.

Council further discussed where March Avenue should fall and current and future development.

There was Council majority to move forward Draft Map A to the next Council meeting.

OLD BUSINESS
None.

NEW BUSINESS
None.

COUNCIL REPORTS ON MATTERS OF INTEREST OCCURRING SINCE PREVIOUS

REGULAR MEETING/EXPENSE REIMBURSEMENT REPORTS
Councilmember Edwards reported he participated in the St. Patrick’s Day Parade.

Councilmember Hagele reported that he participated in Read Across America and attended the Los Cien Youth Perspective.

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Councilmember Kelley reported she participated in her first Coastal Commission meeting, attended the RCPA meeting, the Sonoma County Bicycle Coalition Advocacy Day and the St.

Patrick’s Day events. Councilmember Kelley inquired if the Council would like to discuss bringing back Zoom public comment and lighting the bridge in support of Ukraine.

There was Council consensus to discuss the potential of bringing back Zoom public comment at the City Council Goal Setting Session. There was not Council consensus to discuss lighting the bridge in support of Ukraine.

Mayor Mitchell reported she participated in the St. Patrick’s Day Parade, spoke to the residents of Healdsburg Senior Living, attended a meeting at Craftwork and the Sonoma County Mayors and Councilmembers Board of Directors meeting in Cloverdale.

Vice Mayor Herrod reported he attended a meeting at the Healdsburg Chamber, participated in Read Across America, attended the Library Advisory Board Meeting, the Parks and Recreation Commission meeting, met with Amy Rodriguez at the Healthcare Foundation and participated in the St. Patrick’s Day Parade.

ADJOURNMENT
There being no further City Council/Redevelopment Successor Agency business to discuss, the meeting was adjourned at approximately 8:50 p.m.

APPROVED: ATTEST:
_________________________________ __________________________________ Evelyn L. Mitchell, Mayor Raina Allan, City Clerk
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CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: September 2, 2025
SUBJECT: Update on Recent State Housing Legislation
PREPARED BY: Scott Duiven, Community Development Director STRATEGIC INITIATIVE(S):
- Establish Proactive Policies and Programs to Continue to Promote Economic Diversity and Sustainable Growth
- Expand Affordable Housing Opportunities
RECOMMENDED ACTION(S):

Receive and discuss presentation from City Staff on recent changes to California housing laws.

COMMUNITY ENGAGEMENT/OUTREACH:

The adoption of the City’s 6th Cycle Housing Element in 2023 involved extensive community engagement and outreach. Implementation of the Housing Element’s policies and programs offers additional engagement and outreach opportunities. In addition to this presentation there will be opportunities for community input at both the Planning Commission and City Council as ordinances are presented for adoption to implement the State legislation outlined below.

BACKGROUND:

The City’s Housing Element, adopted on May 1, 2023, and certified by the State on June 29, 2023, includes a program calling for amendments to the City’s Land Use Code that expand housing development capacity and reduce constraints, including increasing density. Changes in State housing laws over the past few years mandate opportunities for infill development at higher densities and with streamlined approval processes. Incorporating these changes into local ordinances along with objective design standards can help ensure that future development continues to reflect community goals.

DISCUSSION/ANALYSIS:

In recent years, the State legislature has adopted changes to State law aimed at increasing the supply and diversity of housing types throughout California. What began as efforts to incentivize the production of accessory dwelling units (ADUs) has expanded into small lot subdivisions and housing development that circumvents local zoning and approval processes. While these laws represent a loss of local control, they also present an opportunity to address the need for missingItem 8.a 104 of 199
middle housing in Healdsburg and throughout the state. Below is a summary of recent legislation that allows both increases in density throughout Healdsburg as well as streamlined review and approval of certain housing projects.

Senate Bill 9 – HOME Act
California Senate Bill 9 (SB 9), also known as the Housing Opportunity and More Efficiency (HOME) Act, is a state law that took effect on January 1, 2022. It aims to address California’s housing shortage by allowing increased residential density in areas previously zoned exclusively for single-family homes. Overall, SB 9 represents a significant shift in California's approach to residential zoning, aiming to increase housing supply and affordability through modest densification of existing neighborhoods. SB 9 effectively eliminates single-family zoning in California by allowing up to four homes on any parcel zoned for single-family residential.

Key Provisions of SB 9
• Ministerial Approval: SB 9 mandates that local agencies approve qualifying housing projects ministerially, meaning without discretionary review or public hearings. This streamlines the approval process for eligible developments. The City must approve or deny a complete application within 60 days of receipt.
• Two-Unit Developments: Homeowners can construct up to two residential units on a lot currently zoned for single-family residential.
• Lot Splits: The law permits the subdivision of an existing single-family residential lot into two separate parcels, each of which can host up to two units, potentially allowing for four units on what was previously one single-family lot.
• Lot Size: Lots must be split roughly in half with the smaller lot at least 40% of the original lot and each new lot must be at least 1,200 square feet in size. • Unit Size: Jurisdictions must allow each primary unit to be at least 800 square feet in size.

There currently is no upper limit on unit size in the legislation. • Setback Requirements: SB 9 establishes a maximum four-foot side and rear yard setback for new construction, overriding local zoning codes that might require larger setbacks. • Parking: Jurisdictions cannot require more than one automobile parking space per unit or any parking spaces if parcel is located within ½ mile of a major transit stop (e.g. SMART rail station).
• Owner-Occupancy Requirement: For lot splits, the applicant must sign an affidavit stating their intent to occupy one of the housing units as their primary residence for a minimum of three years.
• Exemptions and Protections: The law includes safeguards to prevent the displacement of existing tenants and excludes properties in historic districts or properties with environmental constraints such as flooding, steep hillsides, and very high severity fire zones.
• Objective Design Standards: Jurisdictions may develop objective design standards which are clearly defined, measurable criteria used to regulate the physical appearance and layout of buildings in order align design with community values. Objective design standards can leave no room for interpretation by reviewers or decision-makers.

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Implementation and Impact
While SB 9 was designed to facilitate the creation of additional housing units, its impact, to date, has been limited. Efforts are underway to amend and strengthen the law to better achieve its goals.

Proposed changes include removing the owner-occupancy requirement and limiting the ability of homeowner associations to restrict SB 9 projects. To date, Healdsburg has received four SB 9 applications. Except for one application, the SB 9 lot splits have taken advantage of the streamlined approval process for lot splits only and have not proposed new development.

Subsequent to the adoption of SB 9, the CA Department of Housing and Community Development (HCD) issued guidance that the wording of SB 9 applies to single-unit developments. As such, outside of designated historic districts, the City cannot currently require design review for qualifying single-unit residential projects, and they must be reviewed under the streamlining provisions of SB 9.

While the intent of SB 9 is to create small infill units geared toward starter homes, unlike the legislation discussed below, there is no limit to the size of units developed under SB 9. Local jurisdictions may however limit the size of units developed under SB 9 through adoption of a local ordinance as long as they allow a minimum unit size of 800 square feet. Staff will be recommending that Healdsburg’s ordinance define an upper size limit for SB 9 units to ensure that projects taking advantage of SB 9 are more reflective of the unit types envisioned under the legislation’s intent and in line with the City’s need for missing-middle housing. Staff will prepare objective design standards for consideration and inclusion in the SB 9 ordinance. Homes beyond the established size limit would be ineligible for SB 9’s streamlining provisions and subject to design review and the Citywide Design Guidelines.

Senate Bill 10 – Local Upzoning for Housing
California Senate Bill 10 (SB 10) was enacted on September 16, 2021, and effective January 1, 2022. The intent of SB 10 is to give cities and counties a streamlined tool for increasing housing capacity, particularly “missing middle” housing near transit and jobs. SB 10 is voluntary, but in order to utilize its provisions, requires that local jurisdictions adopt an ordinance that allows up to 10 units per parcel within eligible areas. SB 10 provides small lots with limited density to be upzoned for up to 10 units without requiring general plan and zoning map amendments.

Key Provisions of SB 10
• Areas eligible under SB 10 include transit-rich areas (within ½ mile of a major transit stop, e.g. SMART), job-rich areas as defined by state housing agencies, and urban infill sites. • Ordinances must clearly identify affected parcels.
• Rezoning under SB 10 is not subject to CEQA review.
• ADUs and Junior ADUS do not count toward the 10-unit cap. • Ordinance may be adopted by a simple majority, but a two-thirds vote is required if overriding voter-adopted land use restrictions.
• Density cannot be reduced in the future on parcels upzoned under SB 10. • SB 10 sunsets on January 1, 2029, unless extended.

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Implementation and Impact
With the more recent adoption of Senate Bills 684 and 1123 discussed below an argument can be made that there is little benefit to adopting an ordinance to implement SB 10 when there is now a pathway for by-right projects up to 10 units per parcel on both single-family zoned parcels and parcels zoned for multi-family housing. To date, there does not appear to be any city in California that has adopted an SB 10 ordinance.

Senate Bill 684 – Starter Home Revitalization Act
California Senate Bill 684 (SB 684), enacted in 2023 and effective July 1, 2024, is designed to streamline the approval process for small-scale residential developments. SB 684 allows any parcel zoned for multi-family housing and under 5 acres in size to be developed with 10 or fewer units, including subdivision into individual parcels for single-family units. Because Healdsburg’s commercial zoning districts allow multi-family housing, these zones, in addition to the MultiFamily Residential zone, would be eligible for development under SB 684. Newly created lots must have a minimum lot size of 600 square feet and the maximum average total floor space among proposed units of 1,750 net habitable square feet.

Key Provisions of SB 684
• Ministerial Approval: SB 684 mandates that local agencies provide ministerial (nondiscretionary) approval for qualifying housing projects, eliminating the need for public hearings or environmental reviews under the California Environmental Quality Act (CEQA). City must approve or deny an SB 684 project within 60 days of receiving a complete application.
• Eligible Projects: The law applies to developments of 10 or fewer residential units on urban lots under 5 acres zoned for multi-family residential. Newly created lots must be no smaller than 600 square feet.
• Subdivision Map Act Amendments: SB 684 amends the Subdivision Map Act to facilitate the subdivision of parcels for small-scale housing projects, allowing for quicker development timelines.
• Unit Size: The average total area of floorspace of proposed units may not exceed 1,750 net habitable square feet.
• Density and Development Standards: Mandates that developments achieve at least the maximum allowable residential density of the parcel and prohibits local agencies from imposing height limits lower than existing zoning allows. The density requirement was subsequently revised to a minimum of 66% of maximum allowable residential density under SB 1123 discussed below.
• Side & Rear Setbacks: Required rear and side yard setbacks from the original lot shall equal four feet. No setback between units is required except as provided for in the California Building Code.
• Objective Design Standards: Similar to SB 9, jurisdictions may develop objective design standards in order align project design with community values. • Tenant Protections: The bill includes safeguards to prevent the displacement of existing tenants by prohibiting the removal of housing that is low-income, rent-controlled, or has been occupied by tenants within the last 7 years.
• Parking: Cannot require more than one automobile parking space per unit or any parking spaces if within ½ mile of a major transit stop (e.g. SMART rail station).

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• Environmental Standards: Projects approved under SB 684 must meet environmental sustainability standards, ensuring responsible development practices. For example, the site cannot be located on prime farmland, wetlands, very high fire hazard severity zone, within a special flood hazard area, or delineated earthquake fault zone. • Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units JADUs):

Cities are not required to permit an ADU or JADU on parcels created through SB 684.

Implementation and Impact
SB 684 aims to facilitate the development of small, lower-cost homeownership opportunities, particularly on lots zoned for multi-family housing. By streamlining the approval process the law seeks to address California's housing shortage and promote generational wealth through increased access to homeownership. Healdsburg recently received and approved an SB 684 application for a 6-lot subdivision on Ward Street.

Overall, SB 684 represents a significant step in California's efforts to streamline housing development processes and increase the supply of missing-middle housing through modest densification and reduced regulatory barriers. A subsequent law, SB 1123 (2024), further expands the applicability of SB 684 by allowing its provisions to be applied to vacant lots in single-family zones and clarifying eligibility for various lower-cost homeownership models, including tenancies in common and community land trusts.

Senate Bill 1123 – Starter Home Revitalization Act (expansion) California Senate Bill 1123 (SB 1123), signed into law on September 19, 2024, and effective July 1, 2025, builds upon SB 684 to further streamline the development of small-scale housing projects.

It aims to increase affordable homeownership opportunities by expanding ministerial approval processes to include vacant lots in single-family residential zones. SB 1123 allows for the development of up to 10 units on vacant lots zoned for single-family residential.

Key Provisions of SB 1123
• Expansion to Single-Family Zones: Extends SB 684's streamlined approval process to vacant lots zoned for single-family residential use, allowing for subdivisions of up to 10 parcels and the construction of up to 10 housing units. Vacant is defined as a lot that does not have a permanent habitable structure, is not subject to affordability covenants, rent or price controls, or has not been occupied within the last five years. • Lot and Parcel Size Regulations: Limits eligible parcels to a maximum of 1.5 acres and requires newly created parcels to be no smaller than 1,200 square feet. • Ownership Models: Permits alternative homeownership structures, including tenancies in common and community land trusts, to facilitate diverse and affordable housing options. • Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs):

Clarifies and specifies that ADUs and junior ADUs, if permitted by local jurisdiction, are not counted toward the 10-unit cap, encouraging additional housing flexibility/intensity. • Density and Development Standards: Mandates that developments achieve at least 66% of the maximum allowable residential density and prohibits local agencies from imposing height limits lower than existing zoning allows.

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• Environmental and Tenant Protections: Maintains exemption from discretionary reviews and CEQA for qualifying projects while upholding protections against the displacement of existing tenants.

Implementation and Impact
SB 1123 aims to address California's housing shortage by facilitating the development of smallscale, missing-middle housing in areas traditionally limited to single-family homes. By reducing regulatory barriers and expanding eligible areas for streamlined development, the bill seeks to promote equitable housing opportunities and support the creation of diverse, transit-oriented communities. One of the policies areas for the Planning Commission and City Council to consider is whether or not ADUs and JADUs count toward the 10-unit count. Given the relatively small size of qualifying vacant lots (up to 1.5 acres) and the potential for 10 units, allowing ADUs in addition for all intents and purposes could amount to the equivalent of 20 units on a single-family zoned parcel.

Implications for the Growth Management Ordinance (GMO)
The wording of SB 9, SB 684, and SB 1123 require ministerial approval of small-scale subdivisions and associated development within 60 days of application provided all statutory requirements are met. This prevents the City from enforcing local standards including the City’s Growth Management Ordinance (GMO) cap on building permits for qualifying projects. For example, if the City reached its building permit cap within any given cycle under the GMO and received an application for a project that meets all the requirements of this legislation, denial would likely violate State law. Staff recommend including this exemption within the City’s SB 9 and SB 684/1123 ordinances to ensure consistent application of State housing law and the GMO. Staff has reached out to the California Department of Housing and Community Development (HCD) for guidance on this issue.

Assembly Bill 1287 – State Density Bonus Law
California Assembly Bill 1287 (AB 1287), signed into law in October 2023, enhances the State Density Bonus Law to promote the development of affordable and moderate-income housing.

Effective January 1, 2024, the law introduced additional incentives for housing projects that exceed existing affordability requirements.

Key Provisions of AB 1287
• Stackable Density Bonuses: AB 1287 allows developers to receive an additional density bonus ranging from 20% to 50% on top of the existing maximum of 50% if they provide more affordable units than previously required. By meeting the affordable housing requirements for both the initial maximum density bonus and the additional “stackable” bonus under AB 1287, a project can achieve a total density bonus of 100%. • Expanded Incentives and Concessions: The law increases the number of incentives or concessions available to qualifying projects from two to four incentives/concessions. • Clarification of Density Definitions: AB 1287 redefines "maximum allowable residential density" to mean the highest number of units permitted under applicable zoning ordinances, specific plans, or general plans, ensuring developers can utilize the most favorable density figures.

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• Applicability to Various Ownership Models: The law applies to both rental and for-sale housing developments, including alternative ownership structures like tenancies in common and community land trusts, broadening the scope of projects that can benefit from the enhanced density bonuses.

Implementation and Impact
AB 1287 aims to address California's housing shortage by incentivizing the construction of additional affordable and moderate-income housing units. By offering increased density bonuses and concessions, the law encourages developers to include more affordable units in their projects, thereby further boosting housing production.

Senate Bill 1211 – Accessory Dwelling Units
Senate Bill 1211 went into effect on January 1, 2025, and expands opportunities for constructing Accessory Dwelling Units (ADUs) on properties zoned for multi-family residential. Prior ADU law allowed for two detached ADUs per lot with an existing multifamily dwelling. SB 1211 allows up to eight detached ADUs, provided the total number does not exceed the number of pre-existing units on the property (for example, an existing six-unit building can add up to six ADUs). A vacant parcel may include up to two detached ADUs with a proposed multifamily dwelling. In addition, the bill prohibits a local agency from requiring the replacement of off-street parking spaces if an uncovered parking space is demolished in conjunction with the construction of, or is converted to, an ADU.

Assembly Bill 130 – CEQA Reform
AB 130 enacted as part of the 2024 budget trailer bills includes, among other things, changes to the California Environmental Quality Act (CEQA) aimed at streamlining housing development by substantially reducing litigation risk and review time for qualifying projects. AB 130 creates a new statutory exemption for infill housing developments up to 20 acres if the following criteria are met:
• Located in incorporated cities or defined urbanized areas. • Previously developed or surrounded by urban uses.
• Consistent with local general plan or zoning (or both). • Meet minimum density: 15/acre in metropolitan areas, 10/acre suburban, 5/acre non-metro Exclusions include demolition of historic structures, sensitive lands or hazardous sites, and hotels/transient lodging. No Land Use Code updates are necessary to implement these changes.

Most projects in Healdsburg are typically five acres or less and fall under the existing CEQA infill exemption, as such staff does not anticipate this expansion will make a substantial impact locally due to limited residential development opportunity sites and smaller parcel sizes. Mixed use projects and comprehensive plans (e.g. general plans and specific plans) will still require CEQA review.

Senate Bill 79 – Housing Development: Transit Oriented Development (Pending) Senate Bill 79 (SB 79) was introduced January 15, 2025, passed the California Senate in June 2025, and is currently moving through the Assembly. The goal of this legislation is to increase housing near high-quality transit stops, support public transit systems, and alleviate housing shortages. In Healdsburg the SMART station would qualify as a high-quality transit stop. The Item 8.a
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legislation provides a tiered approach to development standards around transit. Healdsburg’s SMART station would be considered Tier 3 which applies to moderate-frequency commuter rail.

Furthermore SB 10 establishes density requirements that increase with proximity to the rail station.

Key Provisions of SB 79
• Projects consistent with standards eligible for streamlined, ministerial approval. • Within ¼ mile of SMART station – 55-foot height limit, 80 units per acre, FAR of 2.5. • Within ½ mile of SMART station – 45-foot height limit, 60 units per acre, FAR of 2.0. • Immediately adjacent to station – 75-foot height limit, 100 units per acre, FAR of 3.5. • Requires the inclusion of affordable housing of at least 7 percent to 13 percent depending on income level.

Implementation and Impact
The legislation would provide a significant increase in density around the SMART station. Staff will continue to monitor this legislation in terms of its impacts on density surrounding the planned SMART station, the upcoming station area planning effort, and implications for meeting Metropolitan Transportation Commission’s (MTC) Transit-Oriented Communities Policy (TOC Policy) which seeks to increase densities around transit stations in addition to increasing station area access and connectivity.

Next Steps
To effectively implement the changes in State law outlined above, Staff is beginning the process of updating the Land Use Code by preparing the following ordinances:
• SB 9 Ordinance
• SB 684 & 1123 Ordinance
• Updated Density Bonus Ordinance
• Updates to ADU Ordinance
The tentative schedule for adoption of ordinances:
• Planning Commission Workshop September 23rd
• Planning Commission Hearing October 28th
• City Council 1st Reading November 17th
• City Council 2nd Reading December 15th
In addition to updating the Land Use Code, Staff will update the City’s website to help the Healdsburg community and development community understand the opportunities presented by these new laws which have the potential to increase the supply of missing-middle housing in Healdsburg. Staff will continue to monitor state housing legislation and its potential benefits and impacts on Healdsburg.

ENVIRONMENTAL STEWARDSHIP:

Development of housing within Healdsburg at higher densities reduces urban sprawl, preserves open space, supports transit-oriented development, and can reduce Vehicle Miles Traveled (VMT) as residents drive less to meet daily needs and employees of local businesses find opportunities to live and work within Healdsburg thereby reducing VMT associated with commuting.

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ALTERNATIVES:

The report is a presentation to City Council and Staff welcomes Council questions and feedback on the information provided.

FISCAL IMPACT:

Staff time associated with drafting of ordinances is included within the budget.

ENVIRONMENTAL ANALYSIS:

This action does not qualify as a project pursuant to the California Environmental Quality Act (“CEQA”) Guidelines Section 15378(b)(5) that states that organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not projects. Pursuant to CEQA Guidelines Section 15060(c)(3) any activity that is not a project is not subject to environmental review under CEQA.

ATTACHMENTS:

None.

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CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: September 2, 2025
SUBJECT: Parklet Program Guidelines
PREPARED BY: Larry Zimmer, Public Works Director
STRATEGIC INITIATIVE(S):

Resident Driven Community Services
RECOMMENDED ACTION(S):

Adopt a Resolution approving the revised Parklet Program Guidelines.

COMMUNITY ENGAGEMENT/OUTREACH:

Parklet owners were provided direct notice in advance of the April 7, 2025, City Council meeting to discuss possible revisions to the Parklet Guidelines. The Healdsburg Chamber of Commerce forwarded the notice to their contact list. The City of Healdsburg social media outlets were used to notify the public. The same method is being used for tonight’s meeting.

BACKGROUND:

The City quickly responded to the restrictions caused by the Covid-19 pandemic to keep businesses open. The initial Temporary Outdoor Activities Permit ultimately led to the current Parklet Program, which consists of the Parklet Permit and Guidelines.

In February 2022, City Council established a permit fee, parklet activation criteria, and set a maximum number of parking stalls that can be occupied by parklets. City Council resolved to review the Parklet Program in 2025.

On April 7, 2025, City Council heard a presentation and held a discussion regarding possible revisions to improve the program. Staff presented concerns regarding the Parklet Program. City Council directed staff to continue the program, though expressed a willingness to make improvements to address many of the operational concerns.

DISCUSSION/ANALYSIS:

Staff proposes revisions to the Parklet Guidelines and Permit (Parklet Program) based on the feedback received from City Council on April 7th. Attached to this report are redlined versions of the Parklet Guidelines and Permit showing all recommended changes, which are summarized in Item 8.b
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this report. Staff has addressed known problems while minimizing impacts on current and future parklet owners.

Required Deposit: Staff recommends requiring parklet owners to provide a one-time deposit of $2,000. The deposit approximates the City’s cost to remove a parklet if necessary, though staff anticipates it will primarily serve as an incentive for the owner to act. If the City must remove a parklet or make safety-related repairs (including drainage and water quality), the owner will be charged actual costs, with the deposit applied accordingly.

Late Payment and Violation Fee: In an attempt to reduce late payments, staff recommends implementing a late fee of $137.59. An additional $137.59 will be charged every additional 30 days the fees are not paid, up to 90 days, at which time the parklet permit will be revoked. The same fee and method will be used for failure to provide proof of required insurance coverage or other violations of the Parklet Guidelines. The fee amount represents one hour of staff time, per the City’s master fee schedule.

Vacant Parklets and Change in Ownership: To avoid extended parklet vacancies, the revised guidelines allow 30 days for a new tenant to activate an existing parklet. If a new tenant cannot activate within that timeframe, such as when tenant improvements or a change in business use is required, the existing parklet must be removed and a new permit obtained.

Encroachment Permit Requirement: When the Parklet Program was first created, the focus was to allow businesses to quickly and easily transfer operations outdoors. To improve safety and accountability, the revised guidelines require an encroachment permit for parklet construction and removal. This ensures work is performed by a licensed contractor, with an approved traffic control plan, and City inspection. Encroachment permit fees will be based on the cost to process and inspect.

Maximum Number of Parklets: One common complaint is the loss of parking spaces due to the parklets. Currently there are 16 parklets occupying 40 parking spaces. The current guidelines allow up to approximately 70 occupied spaces (5% of the 1,416 downtown core spaces per the 2018 Walker Parking Consultants study). Staff recommends reducing the maximum to 60. Based on current demand, it is unlikely this cap will be reached.

Businesses With Outdoor Space: The revised guidelines authorize staff to deny new parklet requests from businesses that already have outdoor seating or private space, such as a parking lot, available. Businesses with outdoor seating or private space that already operate parklets may continue to do so.

Retail Business Parklets: City Council discussed whether to allow retail business (as opposed to a restaurant or tasting room) to be permitted a parklet, but did not provide direction to staff. No changes are proposed.

Sidewalls: No changes are proposed regarding the requirements to maintain visibility into parklets.

Current guidelines allow temporary sidewalls when necessary for sun, rain, or wind protection.

Some owners extend sidewall use beyond these limits.

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Activation: Similar to the sidewalls, staff considers the existing guideline language adequate, but enforcement is extremely difficult.

Aesthetics: Developing design standards would create significant delays. Staff does not recommend design review by the Planning Commission because parklets are in the public right of way. Staff recommends maintaining existing language and conducting periodic inspections to ensure upkeep.

Termination: Additional language was included to clarify the process should either party wish to terminate the parklet permit.

ENVIRONMENTAL STEWARDSHIP:

Parklets may encourage pedestrian activity in the downtown area, reduce reliance on automobiles, and support a more vibrant and walkable community.

ALTERNATIVES:

There are many alternatives available to City Council. Modifications could be made as part of today’s action, or City Council could direct staff to make additional changes and return at a future date. For example, City Council could reduce the maximum number of parklets, modify the fee structure, require specific design standards, or limit the types of businesses allowed to have parklets.

FISCAL IMPACT:

The current fee structure consists of two separate fees, both of which are increased annually by the consumer price index. As of July 2025, the administrative fee is $219.07 per month, and the land use fee is $1.64 per square foot per month for the private use of the public right of way occupied by the parklet.

From program inception in 2022 until July 2025, the City has collected $127,348 in administrative fees and $400,935 in rent fees. Both fees are deposited directly into the General Fund. The administrative fee offsets the cost to public works, fire, planning, and building staff time required to support the program. Staff has determined that the administrative fee does not exceed the cost to administer the program. The rent fees were established based on a conservative review of the fair market rents to limit the financial burden on the participants while approximately accounting for the transition of City land from public use to private use. While rent fees are not restricted for a specific use, the City maintains its commitment to investing in improving parking for the downtown area and supporting alternative transportation. The City is working to amass sufficient funding for the rehabilitation of the West Plaza Parking Lot in the future.

The recommended modifications to the program are intended to be cost neutral to the City, though they will result in additional costs to parklet owners. The proposed changes include a late payment fee of $137.59, a guidelines violation fee of $137.59, and a parklet removal deposit of $2,000.

ENVIRONMENTAL ANALYSIS:

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The Parklet Program is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15304(e) (minor temporary use of land) and 15311 (accessory structures), as the parklets are small-scale, temporary installations within existing public rights-ofway that are accessory to existing commercial uses and will not result in permanent environmental impacts. In addition, the adoption of the Parklet Program Guidelines is exempt under CEQA Guidelines Section 15061(b)(3), the commonsense exemption, because it can be seen with certainty that the action will not have a significant effect on the environment.

ATTACHMENT(S):

Resolution
Parklet Guidelines (in redline format)
Parklet Permit/Application (in redline format)
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CITY OF HEALDSBURG
RESOLUTION NO. __-2025

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEALDSBURG APPROVING THE REVISED PARKLET

PROGRAM GUIDELINES
WHEREAS, the City of Healdsburg established the Parklet Program in 2022 to allow longterm temporary use of on-street parking spaces for outdoor dining and similar activities; and WHEREAS, the Parklet Program has supported local businesses and activated the downtown area, but City Council and staff have identified areas that could be improved; and WHEREAS, City Council directed staff on April 7, 2025, to return with revisions to improve program implementation; and
WHEREAS, staff has prepared revised Parklet Program Guidelines and Permit, incorporating City Council direction and addressing concerns related to public safety, fee collection, vacancy, and impacts on parking availability; and WHEREAS, the City Council now desires to adopt revised Parklet Program Guidelines; and
WHEREAS, the City Council has considered the environmental review required by the California Environmental Quality Act (CEQA) and finds as follows:
• Modifying the Parklet Program Guidelines (the “Project”) is exempt from CEQA under Section 15304(e) (Minor Alterations to Land), which exempts minor temporary uses of land having negligible or no permanent effects on the environment, including temporary seating or similar uses in rights-of-way; and
• The Project is also exempt under Section 15311 (Accessory Structures), which exempts the placement of minor structures accessory to existing commercial facilities, as the parklets are small-scale structures accessory to and directly support existing restaurant and café uses; and
• The Project is further exempt under Section 15061(b)(3), the common sense exemption, as it can be seen with certainty that the action will not have a significant effect on the environment.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Healdsburg:

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Resolution No. -2025

1. Approves and adopts the revised Parklet Program Guidelines, attached hereto as Exhibit A.

2. Finds the Parklet Program Guidelines exempt from CEQA pursuant to CEQA Guidelines Sections 15304(e), 15311, and 15061(b)(3), with no exceptions under Section 15300.2.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Healdsburg, this 2nd day of September 2025, by the following vote:

SO ORDERED: ATTEST:

Evelyn L. Mitchell, Mayor Raina Allan, City Clerk
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City of Healdsburg
City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
707.431.3346
ONGOING PARKLET PROGRAM – AGREEMENT & GUIDELINES

INTRODUCTION
In 2022, Healdsburg City Council approved the Ongoing Parklet Program (OPP) with the aim towards increasing activity and vibrancy in the downtown area. This program serves to provide some businesses the privilege of extending their operation to some public outdoors spaces on an ongoing basis under these guidelines effective January 1, 2026.

Any work on public property must have an Encroachment Permit and your Parklet Permit allows you to encroach into the public right-of-way. Parklets that require use of private property need to obtain permission from the property owner, follow these guidelines, and may require additional permits.

Please review the following Ongoing Parklet Program - Agreement & Guidelines as it provides requirements and timelines for applicants. All applicants must complete a parklet permit application, provide all required supplementary materials, and sign this document confirming that they understand all the necessary requirements in building, operating, and maintaining an outdoor parklet in the City of Healdsburg. Please note that these guidelines are subject to change. If you have any questions regarding the program, please contact Engineering Technician, Scott Mann at [email protected] or by calling 707.547.0556.

ELIGIBLE BUSINESSES
The following criteria apply:
• Your proposed parklet is in the downtown area.
• You are applying as a restaurant, tasting room, or retail business. • All permits for your business location are up-to-date and in good standing. • Your business does not currently have outdoor seating space or private parking lot available Each request for a parklet is unique and will require individual review and approval. Businesses wanting to establish a parklet should recognize that the program is ongoing in nature and is renewable annually; having been issued Parklet Permit does not assume that you may continue to operate a parklet in perpetuity. All businesses should evaluate the costs and benefit of maintaining an outdoor parklet along with any design and installation costs. Permits may be terminated, revoked, or amended at any time at the sole discretion of the City Manager.

Merchants who only use the sidewalk to display wares, or other businesses that put out a small table or bench but do not provide service to those seating areas, will not be considered a parklet. They will be required to follow outdoor display guidelines or maintain an annual encroachment permit with current insurance and indemnity.

PROGRAM LIMITATIONS
The following program limitations will apply:
• The Ongoing Parklet Program cannot permit more than 60 3.5%5% of the total 1,416 available on-street and off-street public parking stalls in the downtown core as defined by the 2017-18 parking study conducted by Walker Parking Consultants, which equates to roughly 5070 parking stalls. • Parklet requests will be reviewed based on the overall number in the downtown core and concentration of nearby parklets.
• The Ongoing Parklet Program may undergo a thorough program review in 2028 for possible modification or termination as determined by Healdsburg City Council.

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ACTIVATION
The Ongoing Parklet Program intends to increase vibrancy in the downtown area. To achieve this purpose businesses are required to activate their parklet and show consistent use of their parklet in all of the following ways:
• Parklet owners must detail their plan for activating their parklet space on their permit application. • Parklet must be in use for a minimum of 5 days a week. • Parklet must be made available to customers during all hours of business operation. • Parklet owners are responsible for activating their parklet space to ensure its regular use.

As part of the regular inspection process, the City will note usage levels to be used as data when determining possible parklet renewal. Consideration will be made if the weather at time of inspection is not conducive for outdoor use.

If a parklet changes ownership, the new owner must activate the parklet within 30 days of the change of ownership.

Activation means making the parklet available for public use in a form acceptable to the City. Failure to do so will result in the City requiring immediate removal of the parklet.

DEFINITIONS
Adjacent Business
A business that shares one or more common walls with another business or is located next door on either side of another business (i.e., if separated by a walkway, alley, driveway, etc.).

Canopy
A structure or architectural projection of rigid construction over which a covering is attached that provides weather protection, identity or decoration, and may be structurally independent or supported by attachment to a building on one end and by not less than one stanchion on the outer end.

Closed Sidewall
Any side covering, drape, wall, screen, partition, tarp, fence or other vertical obstruction, other than posts, poles or other narrow support elements, that are between 42”-90” in height of canopy.

Opening, or Open
Sidewall For the purposes of these guidelines, an “opening” is an unobstructed area that allows for the free passage of outside air and is no less than 48”.

Outdoors A space located outside the confines of an enclosed building that allows for ample outside air circulation.

Parklet
A parklet is a small portion of public space (i.e., parking stalls, sidewalk, or public right-ofway) that has been reappropriated to serve as an extension of one or more commercial businesses and incorporates non-permanent materials and amenities.

Partial Obstruction
For the purposes of these guidelines, a “partial obstruction” is any vertical obstruction, including, but not limited to, vertical materials, fabrics, tarps, partitions, screens, fences, planters, railings, water walls and similar vertical obstructions or elements that are under or within 5’ of the perimeter of a canopy are less than 42” in height from the ground or floor on which it rests and is provided with not less than 48” of clear opening height above the obstruction.

Tent
A structure, enclosure, umbrella structure or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects.

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ENCROACHMENT INTO PUBLIC RIGHT-OF-WAY
Encroachment Permits shall be required for building and dismantling a Parklet. All requirements for obtaining an Encroachment permit are listed in the Public Works section of the City of Healdsburg website.

For the purpose of the ongoing encroachment of the right of way the Parklet Permit will stand in lieu of an Encroachment Permit.

ALLOWABLE CONFIGURATIONS
Parallel Parklet:

These parklets utilize parallel parking spaces. Parklets typically are limited to a business’s frontage but can extend further if supported by neighboring businesses. The approximate depth of usable space from the curb is 7’ (or to within 1.5’ of the outside edge of the parking stall striping). No part of a Parklet can extend beyond parking striping
Sidewalk seating may be incorporated into a parallel parklet layout or design.

Diagonal Parklet:

These parklets utilize diagonal parking spaces. Parklets typically are limited to a business’s frontage but can extend further if supported by neighboring businesses. The approximate depth of usable space from the curb will vary but is typically 17’ (or to within 1.5’ of the outside edge of the parking stall striping). Parklets cannot extend beyond parking striping.

Sidewalk seating may be incorporated into a parallel parklet layout or design.

Sidewalk Parklet:

These parklets use sidewalk areas adjacent to the business that allow space for outdoor dining, beverage service, or retail. You must always keep a 5048” walkway open for pedestrians and not allow customers to move chairs or tables to infringe on the public walkway.

Merchants who only use the sidewalk to display wares, or other businesses that put out a small table or bench but do not provide service to those seating areas, will not be considered a parklet. They will be required to maintain an annual encroachment permit with current insurance and indemnity.

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Realignment Parklet:

This approach utilizes parking spaces to create a safe reroute for pedestrians to travel out and around the service area of the sidewalk allowing full seating and use of the sidewalk area. Sidewalk extensions must accommodate accessibility requirements. Sidewalk extensions need to be a minimum of 48” in depth from the curb and need to be ADA compliant.

Note: The above configurations are not exclusive as every location is unique and will require individual review. The City will determine the public space allowed for each business and the appropriate configuration. See Appendix B for sample layout and Appendix C for sample designs.

USE OF PRIVATE PROPERTY
Nothing in your permit relieves a business from any obligations or laws requiring consent of adjacent property owners for use of private property. Businesses seeking to operate outdoors shall obtain consent of any private property owners whose property will be used for outdoor operations; A signature from the property owner is required for a permit.

CANOPIES/Roof
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General Guidelines:
• All canopies/Roofs require a Building Permit and must be inspected. • Canopies/Roofs must be rigid and have a fire-resistant certification or flame certification showing material in compliance with either California State Fire Marshal with approved seal or meets NFPA 701 flame retardant standards.
• Canopies/Roofs shall not be installed within 5’ of buildings unless approved by the fire code official. • If heating devices are used under canopies, the fire code official must provide an inspection. The use of propane heaters requires a permit from the fire code official.
• The layout or a diagram of outdoor canopies must be shown on the permit application. • Canopy/Roof installations shall not obstruct fire apparatus access to existing buildings or fire protection appurtenances (e.g., fire hydrants, FDC’s, etc.).
• Areas open to the public under canopies must be made accessible to individuals with disabilities. The head clearance under canopies is 90’ (ideally 96’).
• There shall be a clearance of not less than 3’5’ always surrounding the parklet, including adjacent parklets. • Outdoor canopies open to the public must have openings to allow airflow as provided in these guidelines. The combined sidewall area (all 4 sides) shall not have less than 50% of clear unobstructed opening at all times. • If the building address is obstructed by a canopy, applicant must provide addressing that is visible from the public street and must be approved by the fire code official.
• Canopy/Roof shall be properly anchored or ballasted in accordance with manufactures guidelines, structural calculations or as otherwise approved by the fire code official. The formula [L x W) x 5lbs = total ballast required] may be used to determine total ballast for canopies.
• The following weights for filled water barrels may be used for providing ballasts:
➢ Water barrels top tied only = 192 lbs. each
➢ Water barrels top tied and bottom strapped to leg = 336 lbs. each • Canopy permits are revocable by the fire code official for non-compliance with these guidelines.

IMPORTANT: Temporary tenting is not allowed. No exceptions.

HEATING DEVICES
Outdoor heaters and elements that use electricity or propane fuel can help to make your parklet more comfortable throughout the year. Heating features are allowed in parklets but will require an additional permit from the Fire Department. Please note the following for all heating types:
• The location and type of all heating equipment must be shown on your permit application diagram/drawing. • The fire code official or their designee will inspect all heating devices regardless of size. • Heating appliances must be listed and used in accordance with manufactures guidelines, these guidelines, and the California Building Standards Code.

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Portable Electric Space Heaters.

Portable, electric space heaters are allowed when operated only in locations for which they are listed. Portable, electric space heaters shall be located at least 3’ from any combustible materials, including sidewalls, ceilings, umbrellas, and all other combustible materials.

Portable Outdoor Gas-Fired Heaters (i.e., propane or natural gas). Portable outdoor gas-fired heating appliances for businesses may only be used when Fire Department requirements are met and the canopy is provided with one side that is completely open, and the combined sidewall area (all 4 sides) is not less than 50% of clear unobstructed opening as determined by the fire code official. A propane permit must be obtained by the fire code official prior to the installation and use of portable outdoor gas-fired heating appliances within a canopy.

Portable outdoor gas-fired heating appliances are not permitted within 3’ horizontal and vertical distance from sidewalls, ceilings, canopies, or buildings and shall be kept a minimum of 5’ horizontal distance from exits of canopies or buildings.

Propane cylinder valve lock,
NFPA 704 diamond, fire
extinguisher with
maintenance tag, cable lock,
milkcrate, propane cabinets.

Liquid Petroleum (LP) Gas (Propane):
• Propane shall be stored and used in accordance with the California Fire Code and must be stored within the parklet.
• A propane permit has been issued by the Fire Department o Electronically report and apply for a Hazardous Materials CUPA permit online. o Tanks installed in listed appliances or alone may be stored in a secured location outside the business.
o Tanks not installed on or in listed appliances shall be in milk crates or similar stabilization containers, nested, or secured top and bottom o The portable outdoor listed appliances can be secured by nesting them in the center of the parklet with the propane turned off, the access doors facing in and chained together to prohibit tampering.
o Storage shall not be within 10’ of ventilation intakes, doors, windows or ignition sources o Storage areas shall be posted “No Smoking or Open Flame” o Propane shall not be used inside buildings at any time. • Propane tanks used shall not exceed 5-gallon water capacity. • The permitted number of propane tanks shall not exceed five (5) tanks total (in use and in storage at any one time - empty tanks are considered full and count towards total). • Propane tanks shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be in an approved location not less than 5’ from canopy, sidewalls, and ceilings. Propane tanks shall be located not less than 5’ from a means of egress (exit).

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LIGHTING

Lights can be a wonderful way to create ambiance within the parklet. Lights can be installed within the parklet and over the sidewalk by incorporating a post element into your parklet design railing treatment. • Lighting is allowed but may require a permit, depending on what you propose. Self-contained lowvoltage systems, such as solar or battery-powered lights, are strongly recommended. • Lighting is limited to the structural elements of the parklet and cannot be attached to public trees, light poles, or other City-owned infrastructure.
• Lighting shall be placed in a manner and brightness level to avoid distraction to drivers. • They are at least 7.5’ feet high to allow vertical clearance for pedestrians. • Do not include any lighting that is blinding to passing traffic. • Due to Healdsburg’s historic downtown buildings, some sites will require more creative solutions so as not to damage structures.
• Please include a lighting plan with your parklet paperwork. It must include specific locations of anchor points, type of wall anchors proposed for installation, size of lateral cabling, and where the electricity is being drawn from (interior of building or exterior of building). • Additional detailing will be required for the proposed construction of the overhead lighting support system to show how lateral bracing is provided.
• All lighting must meet electrical code and energy code requirements. All lighting types, lighting controls and the routing of the electrical should be clearly indicated on an electrical plan. • All lighting and cords must be UL listed for outdoor use and warm in color (no bright LEDs). All outdoor electrical must be cord and plug connected using a Ground Fault Circuit Interrupter (GFI) electrical receptacle.
• Cords or wiring at ground level must be covered or installed to prevent trip hazards. Overhead wiring may be permitted under certain situations with approval. • If in the opinion of the City that the lights are a distraction, applicant shall modify as necessary at their own expense.
• At no time should any business tap into City-owned power or any other public utility.

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MAINTENANCE & LANDSCAPING
Being approved for a parklet is a great privilege and responsibility. Parklet owners are responsible for ensuring their parklet is kept in like-new condition including:
• Exposed wood is stained, sealed, or otherwise treated for ongoing outdoor use.
• Measures taken to prevent weathering or discoloration in wood or sidewalls.
• Regularly clean parklet and the surrounding areas that accumulate trash and leaves.
• Regularly inspecting decking, hinges, sidewalls, ramps, connections points, railings, etc. to comply with guidelines. • Ensure parklet lighting such as bistro lights are replaced when burnt-out.

Due to the location of parklets, street-sweepers are unable to access the area. The garbage will attract vermin, and the leaves will cause slipping hazards, particularly when wet. Parklet owners are responsible for cleaning and maintaining all interior and exterior areas surrounding your parklet where street sweepers cannot reach, including your neighbor’s frontage. To assure contaminants do not enter our waterways, no sweeping into any drainage or planter, debris must be properly disposed in an appropriate receptacle of parklet owner.

Landscaping must follow the 50% visibility rule allowing pedestrians and cars the ability to see traffic. All landscaping must comply with Fire safety Item 8.b
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standards.

SEATING

Parklets that incorporate seating can be integrated in a variety of creative ways. These seats can be a part of the structure, planters, or creative features within the parklet. Seating and tables can also be movable as well.

This seating can be removed and stored at the end of the day or locked with cables to the parklet structure.

Seating must comply with ADA requirements and is the full responsibility of the Parklet owner.

SIDEWALLS: THE 50% RULE
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By always adhering to the 50% Rule, parklet owners will meet several sightline, air flow, and parklet design requirements. The bulleted items below define the 50% Rule:
• Use of sidewalls are permitted only when…
• The parklet is in active use
• During times of direct sunlight, rain or heavy wind
• The combined sidewall area (all 4 sides) shall not have less than 50% of clear unobstructed openings around your parklet.
• You can include columns and other vertical elements into your parklet design. • Continuous opaque walls between 42”-90” that block views into the parklet from the surrounding streetscape are prohibited.
• The parklet should have a notable, defined edge along the side of the parklet facing the roadway and adjacent parking stalls. Depending on the context, the edge should be between 30” and 42” in height. • Temporary vertical obstructions, such as mesh screens, between 42” and 90” from the pavement shall be considered a “closed sidewall”.
• Vertical obstructions 42” or less in height shall be considered “partial obstructions” and shall be allowed for the purposes of determining “sufficient outside air movement”. • A minimum clear “opening” height of not less than 48”, shall be provided above any partial obstructions to provide “sufficient outside air movement”.
• Variations from these guidelines may be approved on a case-by-case basis when the intent of the State and County guidelines are met and the variations are approved by the Department of Public Health and the fire code official. (An example of a variation might include fans or other devices that increase sufficient outside air movement to a space that might not otherwise meet all the criteria mentioned above.) • All temporary sidewall material/fabric, placement, and attachment method must be pre-approved as part of your Parklet Permit.

SIGNAGE
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Parklets may not be used to hang banners, promotional
material, or any other type of signage without prior approval from the City. A professional design proof may be required.

At no time should any business attach, affix, or secure, any signage to any power pole, tree, streetlamp, or other Cityowned piece of infrastructure without prior approval. Signs should be modest in size and be in character with the
materials, colors, and details of the parklet and associated business. Signs shall not impact sight lines and shall not obstruct the public right-of-way.

Parklets blocking their address must provide their numerical address on the street facing side of their parklet so that it is easily viewable from the roadway. A self-reflective address sign on the parklet with individual numbers that are at minimum 4” in height.

CONSTRUCTION

No permits will be approved on City streets without the installation of an approved deck. The parklet frame should be a freestanding structural foundation that rests on the street surface or curb. No features or structural components may be permanently attached to the street, curb, or adjacent planting strip. Businesses cannot leave materials within the public right of way outside your parklet, including during construction. At no time should any business attach, affix, or secure, any sign, private equipment to any power pole, tree, streetlamp, or other City-owned piece of infrastructure. Parklets must be freestanding and no attachment to any existing building structure or piece of infrastructure (private or public) is permitted without approval. All parklets must have a continuous boundary defining special parklet area.

Upon receiving your Parklet Permit, construction must be completed in a timely manner and not continue for more than 3 weeks from your start date. After work has started, continual progress on your parklet must be made to comply with the conditions of your permit. Any construction lasting more than 3 weeks will require the installation of construction fencing at the permit holder’s coordination and risk possible revocation of permit. Additionally, drilling into the sidewalk or pavement is not allowed. When your permit expires, businesses will need to repair any damage to public property. The City will require an additional encroachment permit to correct any damage.

CURB INTERFACE
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• Parklet design shall allow for stormwater
flow and drainage along the curb.

Approval of Parklet Permit does not
relieve owner of responsibility for
creating and maintaining proper drainage
under all circumstances.
• The top of the decking shall be flush with
the curb (no more than 1/2” horizontal gap),
level with the adjacent sidewalk (no more
than 1/4” vertical deviation) and must be
accessible at several locations by
pedestrians.
• The parklet must have a seamless
connection to the existing curb to meet
ADA requirements. In certain situations,
a ramp may be required to meet ADA
requirements.
• Parklets can be designed with the parklet
sitting on top of the curb only if an ADA
compliant ramp is installed.
• Nothing can be drilled or affixed to the
curb.
• Parklet owner, at their own expense,
must repair any damage to the curb
caused by the Parklet at the time of
removal of the Parklet.

PUBLIC UTILITY

A parklet shall not block or encumber the
working space around storm water drainage,
fire hydrants, transit stops, driveways,
manholes, or public utility valves/covers. At no
time should any business tap into City-owned
power, water, or any other public utility.

ROAD BARRIERS
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Vehicle deterrents such as heavy planters, filled wine barrels, or other heavy objects shall be installed within the parking space adjacent to the traffic lane no more than 6’ apart along the street side perimeter of the parklets.

Additional vehicle deterrents shall be installed on the edges of the parklet. Vehicle deterrents such as planters, wine barrels, or other objects MUST be filled with water, soil, sand, gravel, or other heavy material and be installed within the parking space adjacent to the traffic lane or adjacent parking sides. All vehicle deterrents shall be located entirely within the approved parking space(s), and design and placement must be approved by City staff.

Reflective tape or markers are required at the corners of the parklet and, depending on location, along the length of the parklet to alert drivers, cyclists, and others. In low light conditions or rainy days, drivers unfamiliar with the parklets need a clear warning of these unexpected objects in the parking area.

SIGHT LINE
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• The parklet design must ensure visibility to passing traffic and pedestrians and not create a visual barrier. • The parklet shall maintain a visual connection to the street. Continuous opaque walls higher than 42” that block views into the parklet from the surrounding streetscape are prohibited. • A minimum overhead clearance of 90” (preferably 96”) must be provided for any parklet that includes a canopy, umbrella, or similar element, to avoid creating a visual barrier and to provide adequate clearance for people. • The parklet should have a notable, defined edge along the side of the parklet facing the roadway and adjacent parking stalls. Depending on the context, the edge should be between 30” and 42” in height on the street side. • The parklet shall not encroach on the travel way.
• Traffic deterrents must be connected to create a perimeter that deters individuals from entering the traffic lane from the parklet. This can be accomplished via a railing, planter, pony fence, roping, or other similar apparatus.

A continuous barrier is also required for ABC purposes. • Generally, parklets must be located at least one parking stall away from a street corner. Applicants requesting a parklet located on a corner will undergo a thorough review and sight line evaluation, based on specific location and intended use, to determine if the presence of the parklet at a specified location will cause a safety hazard.
• Parklet shall not create an unsafe condition by limiting necessary line of sight from driver to signage, traffic, or pedestrians.
• Parklet location must comply with California Daylighting law AB 413 – prohibits parklets within 20ft of approach side of marked or unmarked crosswalk and 15ft of approach side of marked or unmarked crosswalk with curb extensions (Bulb outs)
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EMERGENCIES & CITY REPAIR

GENERAL PERMIT PROCESS
STEP 1: Applicant submits permit application via e-mail to:

Scott Mann, Engineering Technician
[email protected]
707.547.0556
STEP 2: Permit Coordinator collects all application materials and provides initial review of application. • Completed application with required signatures
• Detailed Map / Layout
• Initialed and signed Parklet Permit - Agreement & Guidelines • Proof of Liability Insurance with Endorsement
• Proof of ABC license to extend alcohol service to parklet (if serving alcohol) • Any supplemental materials, photos, maps, layouts, or permits STEP 3: Permit Coordinator routes completed application to City staff for review/approval, as needed.

STEP 3a: The City may request a virtual or on-site meeting with the applicant to review request.

STEP 4: Permit Coordinator assembles all conditions and requirements into a permit packet for applicant to sign.

STEP 5: If permit is approved, the Permit Owner Pays Fee STEP 6: Permit Coordinator signs and issues Parklet Permit.

STEP 7: Annual renewal invoices issued to current parklet permit holders on December 1st STEP 8: First Installment of annual fees due by January 31st STEP 9: Second installment of annual fees due by June 30th Item 8.b
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IMPORTANT:

Any business wishing to be permitted for a parklet must apply for a Parklet Permit and comply with these updated guidelines regardless of previous permit status.

ASSOCIATED FEES & COSTS
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Annual Parklet Fees:
• Administrative Fee: $219.07 per month
o Fee supports the cost of city staff to monitor and administer the program. • Rental Fee: $1.64 per square foot per month
o Fee covers the private use of right-of-way made inaccessible to the public by the parklet, including street, sidewalk, or other public right-of-way. o Official parklet size will be determined by the City based on approved layout and the amount of right of way being made inaccessible by the parklet. The chart below outlines sample fees based on various parklet sizes; each parklet will have its own unique size based on its individual layout:
• Payment Due Dates: Annual fees will be billed on December 1st each year with separate invoices representing the two equal installments. The first installment is due on or before January 31st. The second installment is due on or before June 30th.
• Proration: Annual fees on new permits issued after January 31st of a given year are eligible to be prorated. Prorated fees will be calculated based on the number of months remaining in the permit year from the date of applicant signature on permit packet. For the purpose of proration, any partial months will be rounded up.

Late Payment Fee
A late payment fee of $137.59 will be assessed if payment is not received by close of business on the due date, or close of business on the Monday following the due date if it occurs when City Hall is not open. The late payment fee of $137.59 will continue to be assessed every 30 days until paid or until the payment is over 90 days late at which time the parklet permit will be revoked.

Guidelines Violation Fee
If your parklet is found in violation of any of the Ongoing Parklet Permit guidelines, including failure to provide current proof insurance, you will be issued a notice of violation. Parklet owners will then have 15 days to remedy the violation before a guidelines violation fee of $137.59 will be assessed. If an owner is unwilling or incapable for removing their parklet or repairing damage, they will be charged on a time and SAMPLE

PARKLET
SIZE

ANNUAL RENT ADMINISTRATIV

E FEE - ANNUAL

TOTAL ANNUAL
FEE
100 sq. ft. 100 sq. ft. x $1.64 x 12
months
$2,628.84 $4,596.84
352 sq. ft. 352 sq. ft. x $1.64 x 12
months
$2,628.84 $9,556.20
678 sq. ft. 678 sq. ft. x $1.64 x 12
months
$2,628.84 $15,971.88
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material basis for City staff or city paid contractor to do the work. If that amount is greater than the deposit, the owner will be charged the difference. If less than the deposit, the remainder will be returned to the owner.

All fees are subject to increase annually on July 1st by the Consumer Price Index - All Urban Consumers for the San Francisco-Oakland-San Jose area, as calculated by the U.S. Department of Labor, for the month of April.

Other potential fees: (Not collected by the City of Healdsburg, amounts may change) • CUPA certification (training required to handle propane under outdoor canopies; roughly $400 annually)
• California Department of Alcohol and Beverage Control – Extension of existing alcohol license • Any professional designs (required for a building permit) • Additional fees may apply depending on parklet use.

Other costs:
• The business constructing the parklet is fully responsible for all construction and setup costs, operations and maintenance, full liability release and indemnification, and provision of insurance. • Any damage, repair, replacement, or preventative maintenance. • The business shall remove a parklet, or portion of a parklet, at its own cost, if necessary for public utility or street maintenance/repair purposes, as determined by the City. This may include full removal of the parklet installation to access below ground, street level, or above ground utilities, trees, and other City infrastructure.
• The business shall be responsible for repairing any damage caused to the street/curb/gutter/sidewalk as a result of the parklet, once the parklet is removed.

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TERMINATION OF PERMIT
Applicant: Applicant can terminate their parklet permit at any time due to business closure, relocation, or other causes. There are no refunds for permit fees already paid. Applicant must submit a written notice of termination within 15 days of ceasing to activate the parklet in accordance with activation terms outlined. The applicant is required to remove the parklet or provide new ownership information within 60 days of termination notice.

City: City may terminate a parklet permit due to failure to pay fees timely. City may deny parklet renewal if activation standards are not being met or if violations remain uncorrected. The city will provide written notice to the applicant 30 days prior to renewal or termination. The applicant is required to remove the parklet within 60 days of receiving notification of permit termination.

In accordance with the Parklet Removal Deposit, in the event a parklet needs to be removed, the city will retain the deposit until the Parklet has been completely removed, any damage to City infrastructure has been repaired, and parking has been returned to the public. Once the Parklet owner has completed the removal to the satisfaction of the City the deposit will be returned. If an owner is unwilling or incapable of removing their parklet or repairing damage, they will be charged on a time and material basis for City staff or city paid contractor to do the work. If that amount is greater than the deposit, the owner will be invoiced for the additional costs and payment will be due within 60 days of written notification. If the cost of the City removing the parklet is less than the deposit, the balance will be refunded to the applicant within 60 days of completion of the work.

NEIGHBOR NOTIFICATION AND COMPLAINTS
All permit applicants MUST notify all adjacent businesses and provide details of their parklet plan prior to submitting their application. Any immediately adjacent business to a permitted parklet has the right to revoke their support at any time. A neighboring business that has any concerns or issues is encouraged to resolve the matter independently and diplomatically with the permit holder. If a resolution cannot be found, the adjacent business may contact the permit coordinator in writing to file an official grievance for determination and/or direction on the matter. Non-adjacent businesses may also provide a complaint in writing which will be included in the permit holder’s file and re-reviewed upon renewal. The permit coordinator will determine any applicable action based on a written complaint.

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MAP & LAYOUT REQUIREMENTS
In your permit application, you will be asked to include a detailed drawing / visual representation of the area in which your proposed outdoor activities will take place. To assist us by providing a thorough review of your map / layout you will be asked make note of the following:

Boundaries & Equipment:
• Clearly define the boundaries of your proposed footprint and identify the names of any neighboring businesses • Your ENTIRE parklet, including wine barrels, planters, and barricades, must fit within the parking area (painted white tic marks must be visible or as approved in your permit). • Label street names of any adjacent streets
• Include all improvements, structures, equipment, and/or materials (i.e., tables, dividers, barriers, etc.) • Identify all permanent public fixtures within your proposed footprint (i.e., sidewalks, trees, fire hydrants, benches, etc.)
• Indicate a minimum 48” path of ADA compliant travel
• Details of construction of platform if used to create flat surface • Details of hand railing if a drop off is created by platform • Details at connection point to curb or note to be created “flush with curb” • Details of any ramp or other device to allow wheelchair access • Vertical clearance of 7’ minimum required from walking surface (i.e., if patio umbrellas are used) • Vertical clearance of 7.5’ minimum required from walking surface (i.e., if canopy is installed) • Details on use of any gaps between parklet and adjacent parking (i.e., bike parking, planters, etc.); gaps over 4’ may require additional road barrier protection provided by the parklet applicant. • Show continuous boundary defining parklet area.

See Appendix B for helpful information on site plans. Professional drawings are required for all Building Permits.

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INSURANCE & INDEMNITY REQUIREMENTS
Indemnity
The undersigned applicant is twenty-one years of age or over. I have read and understand the information provided in the Ongoing Parklet Permit - Agreement & Guidelines and will abide by all applicable requirements. The applicant agrees that they will be responsible for the use and care of city property. Applicant agrees to indemnify and save harmless the City of Healdsburg, its officers, agents and employees and against any and all loss, damage and/or liability that may be suffered or incurred by the City of Healdsburg, its officers, agents and employees, and against any and all claims, demands and causes of action that may be brought against the City of Healdsburg, its officers, agents and employees, caused by, arising out of or in any way connected with the use by the undersigned of the City of Healdsburg facility or the exercise of the privilege herein granted, except that arising out of the sole negligence of the City. I hereby declare that I have read and understand and agree to abide by and to enforce the rules, regulations, and policies affecting the use of the facilities. I understand that vague and/or incomplete applications will delay the approval process.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Permittee provides written verification that it has no employees) If the Permitee maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Permitee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Permitee including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Permitee’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.

Primary Coverage
For any claims related to this contract, the Permitee’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Permittee’s insurance and shall not contribute with it.

Notice of Cancellation
Permittee shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Permittee shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation
Permittee hereby grants to City a waiver of any right to subrogation which any insurer of said Permittee may acquire against the City by virtue of the payment of any loss under such insurance. Permittee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Permittee, its employees, agents and subcontractors.

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Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Permittee to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Permittee shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before access is allowed. However, failure to obtain the required documents prior to the access being allowed shall not waive the Permittee’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Permittee shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Permittee shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Minimum Scope of Insurance:

Permittee shall obtain and all times during duration of this Agreement maintain coverage at least as broad as:
• Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance (for Permittees with employees).
• Property insurance against all risks of loss to any tenant improvements or betterments.

Permittee shall maintain limits no less than:

General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Worker’s Compensation Insurance: Proof of Workers Compensation and Employers Liability insurance as required by any applicable law, regulation or statute, including the provisions of Division IV of the Labor Code of the State of California, and any act or acts amending it. Worker's compensation insurance must be for Statutory Limits and must cover the full liability of the Permittee. The Permittee’s Employer’s Liability Insurance must be in an amount no less than $1,000,000.00 per occurrence.

Deductibles and Self-Insured Retentions:

Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Permittee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions:
• The general liability policy is to contain, or be endorsed to contain, the following provisions:
• The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of the premises/property owned by or leased to the Permittee. • The Permittee’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Permittee’s insurance and shall not contribute with it. • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, Item 8.b
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except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII unless prior approval is received from the City Attorney.

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INSURANCE CHECKLIST
Below you will find a helpful Liability Insurance & Endorsement Checklist for providing us a Certificate of Insurance AND Endorsement that meet our requirements:

Certificate of Insurance (COI):
 Correct name and address of permit applicant is listed on the COI (must match the applicant/business name on the Parklet Permit Application).
 Limits need to be $2,000,000.00 or greater.
 "The City of Healdsburg, it’s officers, officials, employees, and volunteers’” need to be listed.

Proof of Worker’s Compensation. the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Permittee, its employees, agents and subcontractors.  The application says that you need to provide proof of Workers’ Comp Insurance as required by the State of California and Employer’s Liability Insurance. When we refer to proof we are stating that your need to show us that your have Workers Comp but that your don’t have to provide the Workers’ Comp Waiver of Subrogation, which we normally require.

Additionally Insured General Liability Endorsement:
 "The City of Healdsburg, it’s officers, officials, employees, and volunteers’” need to be listed.  Additionally insured or ‘Per Written Contract’ needs to be listed.  Contains Primary and Non-contributory language.
 The GL Policy number added to the endorsements or the form numbers added to the certificate page in the description. Something that connects all these documents together.

Please provide the above requirements and checklist to your insurer and confirm that they have provided all information contained in the checklist before submitting your insurance documents. Providing insurance documents that do not meet the City’s minimum requirements may delay your permit approval. It is the responsibility of the permit holder to ensure that the City has your most current insurance information on file.

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ADDITIONAL PERMITS & REQUIREMENTS
The City shall only enter into a parklet agreement that authorizes activities which are consistent with City, State and County guidelines. Nothing in this permit shall authorize a particular business to operate outside unless that business is authorized to operate with approval of the City of Healdsburg. All businesses must be in full compliance with all City, State, and County requirements.

Nothing relieves a business from the requirement to:
• Obtain a Building Permit for outdoor activities if a building permit would otherwise be required, nor does this relieve a business from complying with all provisions of the Building Code, including but not limited to, maximum occupancy requirements. City staff will determine if your parklet construction requires a building permit as part of their review of your permit application. • Undergo design review for exterior alterations if such design review is required pursuant to any historic property standards.
• Obtain any and all California Department of Public Health (CDPH) permits required for outdoor food service / food safety.
• Obtain an alcohol license extension from California Department of Alcohol and Beverage Control. Since the City of Healdsburg does not administer this permit, if you hold a Temporary ABC COVID-19 Catering Permit, your license may not align with the duration of your Parklet Permit. Please ensure you that you have the proper alcohol permit(s) to extend your existing alcohol license into a permitted parklet area. The number to ABC's local office in Santa Rosa is 707-576-2165 if you have any questions. • Adhere to the laws and regulations set forth in the Americans with Disabilities Act of 1990 (ADA). As the business and parklet owner, you are responsible for understanding and meeting the requirements of the Americans with Disabilities Act (ADA). You must always keep a 48” walkway open for pedestrians, do not allow customers to move chairs or tables that infringe on the public walkway. See Appendix A for additional guidance. • Obtain all permits and follow all requirements found in the California Building Standards Code and the California Fire Code including electronically reporting and applying for a Hazardous Materials Certified Unified Program Agencies (CUPA) permit if using Liquid Petroleum (LP) Gas (Propane).

Information provided above is not an exhaustive listing of permits and parklet requirements. Permit requirements are subject to change, additional permits may be required, and holders of a Parklet Permit must conform to all updated permit requirements, guidelines, laws, and ordinances.

PARKLET INSPECTION
Once your approved permit is issued, your parklet is subject to regular inspection by City staff without notice.

Inspection results will be provided to you along with any notations, corrective measures, and timeline for completing any issues. Timeline for each corrective measure will be contingent on the safety risk posed. Permit holders will need to confirm all corrective measures in writing and provide pictorial evidence if required. To assist parklet owners with ensuring guideline compliance, Appendix E offers a helpful Self-Inspection Checklist.

If on subsequent inspections, previously identified issues persist, the permit review team will review the violation and determine appropriate action. Permits may be terminated, revoked, or amended at any time at the sole discretion of the City Manager. Any work required of the owner that is not completed after proper notice may be completed by the City at owners expense. Please see section on “Violations” for additional information.

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ADDITIONAL TERMS & CONDITIONS
Please read and understand the following permit terms & conditions:
• Permittee agrees to accept all responsibility for loss or damage to any person, property, or entity and to indemnify, hold harmless, and defend and release the City of Healdsburg, its agents, and employees from and against any and all liability actions, claims, damages, costs, or expenses which may be asserted by any person, property, or entity, including Permittee, arising out of or in connection with the willful act or negligence of Permittee engaging in the activities associated with this Agreement, whether or not there is concurrent negligence on the part of the City, but excluding liability due to the sole active negligence or sole willful misconduct of the City.
• Permittee hereby grants to the City the right to remove or relocate said improvements and to come upon Permittee’s land to effect said removal or relocation if deemed necessary by the City and/or a Utility. Permittee waives any claim or right he/she/it may have for inverse condemnation, damages, or loss of income or business resulting from said removal. • Permittee shall comply with all applicable local, State, and Federal laws and regulations at all times during the effective period of this agreement, including but not limited to laws regarding the obstruction of vehicular traffic, the Americans with Disabilities Act, and County health laws regarding provision of food services. • If Permittee’s proposed activities encroach into public right-of-way and/or a public easement, Permittee shall procure and maintain for the duration of this Agreement, and furnish proof along, with this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with this Agreement, as set forth in this section. It is the responsibility of the permit holder to ensure that valid insurance remains on file with the City. • Permittee understands and agrees that this permit confers no vested rights to any ongoing or continued activities, and any and all activities authorized by this Agreement. All improvements, structures and installments approved pursuant to this Agreement shall be removed in their entirety upon expiration of this Agreement. • This Agreement is non-transferable. Only the permittee with whom this Agreement was entered shall be permitted to engage in the activities authorized herein.
• This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed.

Permit holders must agree to the following:
• I understand that this program is ongoing and will expire in accordance with these guidelines, unless otherwise amended by City Council.
• I understand that my parklets should be functional, safe, welcoming, aesthetically pleasing, and meet all municipal and parklet guideline requirements.
• I will adhere to all Sonoma County Health Services orders and requirements. • I will adjust my outdoor plan if the City identifies safety, ADA, or logistical issues after this permit is issued. • I accept all risk related to loss or damage of any outdoor furnishings. • I will always leave room for ADA access (minimum of 48” unobstructed clearance) and for appropriate pedestrian flow and will be responsible for allowing all ADA requirements.
• I will leave Fire Department connections, fire hydrants, and designated red zones unobstructed. • I will train staff on the location of the nearest fire extinguisher to the outdoor space. • I will assure that exits for my business and adjoining businesses remain unobstructed. • I will not cook outdoors.
• I am not prohibited by any lease or rental agreement from expanding my business outdoors in front of my business. • I understand the City reserves the right to update, amend, or otherwise change these guidelines at any time. • I understand that amplified sound is not permitted in any parklet area. • I understand that parklets must be made assessable during all hours of business operation, if requested by a customer. • I understand that smoking is prohibited in all parklets. • I understand that Parklets cannot be sublet or transferred in anyway. • I understand that I must remove my parklet upon vacating the location • I understand that if I vacate the location and do not remove my parklet I will be held liable for any cost associated with the removal of the parklet.

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VIOLATIONS
To operate in an outdoor public area, you must hold a valid Parklet Permit and following all guidelines herein. Any violation of this permit may include termination of specific parklet amenities (lighting, sidewalls, heating devices, etc.) if improperly used, a cease in parklet service/operation until violations are corrected, or revocation of permit and parklet removal depending on the severity, quantity, or ongoing nature of the violation(s). Parklets with reported violations that remain uncorrected are subject to violation fee and not eligible for annual renewal.

Violation of any local, State, or Federal law shall constitute an imminent threat to the public health and is hereby declared to be a public nuisance and shall be subject to enforcement as such; violations may result in the immediate termination of your Parklet Permit and the cessation of any authorized activities. Permits may be terminated, revoked, or amended at any time at the sole discretion of the City Manager.

APPEAL
Any applicant who is denied a Parklet Permit, whose parklet concept does not conform to these guidelines, or whose permit has been revoked for any purpose, may appeal. All appeals must be made to the City Manager within 30- days of notice of denial or revocation. The appellant shall attach a written statement describing the circumstances of the appeal and include any evidence that he/she would like to be reviewed for consideration. A response will be delivered within 30-days to the applicant.

SIGNATURE

THE UNDERSIGNED AGREES THAT THE PROPOSED ACTIVITIES DESCRIBED ABOVE SHALL BE IN

ACCORDANCE WITH AND SUBJECT TO THIS AGREEMENT'S TERMS AND CONDITIONS, CITY OF HEALDSBURG RESOLUTION NO. 20-2022 AND ALL OTHER APPLICABLE LOCAL, STATE AND FEDERAL LAWS.

Applicant signature: Date:

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City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
707.431.3128
ONGOING PARKLET PERMIT – APPLICATION

CONTACT INFORMATION
Business name: Owner (Applicant):

Primary phone: Email:

Physical address:

Business type: Retail Restaurant Tasting room
Existing TPP Permit No. (if applicable): Existing Building Permit No. (if applicable):

Note: Unless otherwise specified by City staff, businesses who hold a Building Permit along with their existing TPP and are approved for a Ongoing Parklet Permit will not be required to re-apply for a Building Permit. However, any modification to your parklet structure will require written approval and may also require a Building Permit depending on modification.

ENCROACHMENT DETAILS
Public space requested (check all that apply):

Parking Stall(s) Sidewalk Other Right-of-Way (describe below):

Public space purpose (check all that apply):

Outdoor Dining / Food Service Alcohol Sales / Service Outdoor Retail / Display Other (describe):

SUMMARY
Please provide a description of your business with summary of proposed outdoor activities and hours of operation.

Include a list of all improvements, structures, equipment and/or materials to be used to facilitate outdoor activities:

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Fee Due Date
January 13th First half of Parklet permit fee due
June 1st Second half of Parklet permit fee due

PARKLET AMENITIES
Please confirm the following parklet amenities you will include in your operation:
 Decks / Platforms
 Handrailing
 Canopy / Shade Covers
 Lighting
 Landscaping / Planters
 Signage (Material type: _____________________________)  Sidewalls (Material type: ____________________________)  Heating devices (Type: _____________________________)  Seating (No. of Seats ________)
 Road Barriers (Type:________________________________) (Fill material: __________________________)
Please include all checked items on your Map / Layout (see below) and indicate specific location of each. Any nonchecked items may require approval after your permit has been issued and a modification to your permit may be required. See Ongoing Parklet Permit – Agreement & Guidelines for specific restrictions and additional permit requirements.

AMERICANS WITH DISABILITIES ACT (ADA)
All Ongoing Parklet Permit holders must adhere to the laws and regulations set forth in the Americans with Disabilities Act of 1990 (ADA). You must always keep a 48” walkway open for pedestrians, do not allow customers to move chairs or tables that infringe on the public walkway. As the business and parklet owner, you are responsible for understanding and meeting all requirements of the Americans with Disabilities Act (ADA).

I understand.

MAP / LAYOUT
Please attach visual representations of the area in which the proposed parklet would be located along with details on how the space will be utilized. Include the specific locations of all structures, equipment and/or materials to be used to facilitate outdoor activities. Vague or incomplete maps/layouts will not be accepted and may delay issuance of a permit.

ALL maps must include the specific location (or provide notation) of:
 Parklet footprint / boundaries
 White parking markers in relation to decking, equipment, barriers, etc.  Street names
 All Parklet Amenities (noted above)
 Nearby City utilities (Fire hydrants, utilities boxes/covers, etc.)  Nearby City infrastructure (Benches, signs, trees, planters, etc.)  Neighboring business names with address
 Vertical clearance of canopies, umbrellas, signage, etc.  Americans with Disabilities Act (ADA) notations (48” path of travel, access into parklet, curb interface, etc.) Important:

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Please see the Ongoing Parklet Permit – Agreement & Guidelines for additional details to include on your map / layout.

ATTACHMENTS
All Ongoing Parklet Permit Applications must include the following attachments:
• Detailed Map / Layout (instructions above)
• Initialed and signed Temporary Parklet Permit - Agreement & Guidelines • Proof of Liability Insurance with Endorsement
• Copy of Temporary ABC COVID Catering Permit (if serving alcohol) • Any supplemental materials, photos, maps, layouts, or permits FEES
Fees are to be paid annually. Rent Fee is calculated at $1.622$1.50 per square foot per month of public right of way made unusable to the public do to the Parklet. Administrative Fee is calculated at $216.32$200 per month per parklet. Please refer to Ongoing Parklet Program Guidelines for further detail on annual fee calculation. The fee must be paid prior to issuance of annual permit and is nonreimbursable if parklet use is terminated for any reason.

I understand.

INSURANCE
A Certificate of Liability Insurance with Endorsement is required for utilization of public property. ➢ Please see the Ongoing Parklet Permit – Agreement & Guidelines for specific details / requirements ➢ Proof of insurance is not required at time of application but must be submitted and approved prior to issuance of a Ongoing Parklet Permit.
➢ Parklet Permit Owners insurance will be held liable for any damages cause by impeding stormwater drainage.

I understand.

EMERGENCIES & CITY REPAIR
As determined by the City, a business shall remove a parklet installation or portion of a parklet at its own cost for:
• Public utility maintenance, upgrades, repair, or inspection purposes • Street maintenance, upgrades, repair, or inspection purposes • Access below ground, street level, or above ground utilities, trees, and other City infrastructure • Storms, floods, high wind advisories, and other weather-related events • Upgrade, maintenance, or regular inspection of public utilities • Access to fire hydrants, manholes, valves/covers, drainage, and other utility or utilities • Securing, altering, relocating, and/or items contained within for safety reasons • Other purposes as determined by the City or as directed by the City Manager • Vacating or moving location – this permit does not transfer to the new Tenant The City will make a reasonable attempt to contact the parklet owner with a timeline for any parklet disruption or outage, however, in an immediate emergency this may not be possible. In an emergency, the City reserves the right to dismantle or remove a section or sections of a parklet in whatever manner it chooses to address the emergency and assumes no responsibility for returning the parklet to its original condition. Due to the nature of the emergency, repair, maintenance, inspection, or other essential purpose that requires removal, displacement, destruction or disruption of a permitted parklet, an exact timeline may not be immediately known and could exceed days, weeks, or months.

I understand.

EMERGENCY CONTACT
Primary name: Secondary name:

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Updated: 04/29/2021
Primary phone 1: Secondary phone 1:

Primary phone 2: Secondary phone 2:

Primary e-mail: Secondary e-mail:

PRIVATE PROPERTY
Property owner support is required. Property owner must sign below acknowledging your request for a Ongoing Parklet Permit.

Will proposed outdoor activity require use of private property not owned/leased by applicant? Yes No If yes, please describe:

Property Owner Signature: Date:

BUSINESS NOTIFICATION
Support and approval of your immediate neighbors by way of signature on the Ongoing Parklet Permit Application is required. Any immediately adjacent business has the right to revoke their support at any time. All adjacent neighbors must sign below acknowledging their support of your Ongoing Parklet Permit. 1) Business: Owner: Signature: Date:
2) Business: Owner: Signature: Date:
3) Business: Owner: Signature: Date:
4) Business: Owner: Signature: Date:

SIGNATURE
The undersigned applicant is twenty-one years of age or over. I have read and understand the information provided in the Ongoing Parklet Permit - Agreement & Guidelines and will abide by all applicable requirements. The applicant agrees that they will be responsible for the use and care of city property. Applicant agrees to indemnify and save harmless the City of Healdsburg, its officers, agents and employees and against any and all loss, damage and/or liability that may be suffered or incurred by the City of Healdsburg, its officers, agents and employees, and against any and all claims, demands and causes of action that may be brought against the City of Healdsburg, its officers, agents and employees, caused by, arising out of or in any way connected with the use by the undersigned of the City of Healdsburg facility or the exercise of the privilege herein granted, except that arising out of the sole negligence of the City. I hereby declare that I have read and understand and agree to abide by and to enforce the rules, regulations, and policies affecting the use of the facilities. I understand that vague and/or incomplete applications will delay the approval process.

Applicant signature: Date:

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City of Healdsburg
401 Grove Street
Healdsburg, CA 95448
707-431-3346
ONGOING PARKLET PROGRAM – AGREEMENT AND GUIDELINES

INTRODUCTION
In 2022, Healdsburg City Council approved the Ongoing Parklet Program (OPP) with the aim towards increasing activity and vibrancy in the downtown area. This program serves to provide some businesses the privilege of extending their operation to some public outdoors spaces on an ongoing basis under these guidelines effective January 1, 2026.

Any work on public property must have an Encroachment Permit and your Parklet Permit allows you to encroach into the public right-of-way. Parklets that require use of private property need to obtain permission from the property owner, follow these guidelines, and may require additional permits.

Please review the following Ongoing Parklet Program - Agreement & Guidelines as it provides requirements and timelines for applicants. All applicants must complete a parklet permit application, provide all required supplementary materials, and sign this document confirming that they understand all the necessary requirements in building, operating, and maintaining an outdoor parklet in the City of Healdsburg. Please note that these guidelines are subject to change. If you have any questions regarding the program, please contact Engineering Technician, Scott Mann at [email protected] or by calling 707.547.0556.

ELIGIBLE BUSINESSES
The following criteria apply:
• Your proposed parklet is located in the downtown area. • You are applying as a restaurant, tasting room, or retail business. • All permits for your business location are up-to-date and in good standing. • Your business does not currently have outdoor seating space or private parking lot available
Each request for a parklet is unique and will require individual review and approval. Businesses wanting to establish a parklet should recognize that the program is ongoing in nature and is renewable annually; having been issued Parklet Permit does not assume that you may continue to operate a parklet in perpetuity. All businesses should evaluate the costs and benefit of maintaining an outdoor parklet along with any design and installation costs. Permits may be terminated, revoked, or amended at any time at the sole discretion of the City Manager.

Merchants who only use the sidewalk to display wares, or other businesses that put out a small table or bench but do not provide service to those seating areas, will not be considered a parklet. They will be required follow outdoor display guidelines or maintain an annual encroachment permit with current insurance and indemnity.

PROGRAM LIMITATIONS
The following program limitations will apply:

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• The Ongoing Parklet Program cannot permit more than 60 of the total 1,416 available on-street and off-street public parking stalls in the downtown core as defined by the 2017-18 parking study conducted by Walker Parking Consultants. • Parklet requests will be reviewed based on the overall number in the downtown core and concentration of nearby parklets.
• The Ongoing Parklet Program may undergo a thorough program review in 2028 for possible modification or termination as determined by Healdsburg City Council.

ACTIVATION
The Ongoing Parklet Program intends to increase vibrancy in the downtown area. To meet this purpose businesses are required to activate their parklet and show consistent use of their parklet in all of the following ways:
• Parklet owner must detail their plan for activating their parklet space on their permit application.
• Parklet must be in use a minimum 5-days a week.
• Parklet must be made available to customers during all hours of business operation. • Parklet owner is responsible for activating their parklet space to ensure its regular use.

As part of the regular inspection process, the City will note usage levels to be used as data when determining possible parklet renewal. Consideration will be made if the weather at time of inspection is not conducive for outdoor use.

If a parklet changes ownership, the new owner must activate the parklet within 30 days of the change of ownership. Activation means making the parklet available for public use in a form acceptable to the City. Failure to do so will result the City requiring immediate removal of the parklet.

DEFINITIONS
Adjacent Business
A business that shares one or more common walls with another business or is located next door on either side of another business (i.e., if separated by a walkway, alley, driveway, etc.).

Canopy
A structure or architectural projection of rigid construction over which a covering is attached that provides weather protection, identity or decoration, and may be structurally independent or supported by attachment to a building on one end and by not less than one stanchion on the outer end.

Closed Sidewall
Any side covering, drape, wall, screen, partition, tarp, fence or other vertical obstruction, other than posts, poles or other narrow support elements, that are between 42”-90” in height of canopy.

Opening, or Open
Sidewall
For the purposes of these guidelines, an “opening” is an unobstructed area that allows for the free passage of outside air and is no less than 48”.

Outdoors A space located outside the confines of an enclosed building that allows for ample outside air circulation.

Parklet A parklet is a small portion of public space (i.e., parking stalls, sidewalk, or public right-of-way) that has been reappropriated to Item 8.b
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serve as an extension of one or more commercial businesses, and incorporates non-permanent materials and amenities.

Partial Obstruction
For the purposes of these guidelines, a “partial obstruction” is any vertical obstruction, including, but not limited to, vertical materials, fabrics, tarps, partitions, screens, fences, planters, railings, water walls and similar vertical obstructions or elements that are under or within 5’ of the perimeter of a canopy are less than 42” in height from the ground or floor on which it rests and is provided with not less than 48” of clear opening height above the obstruction.

Tent
A structure, enclosure, umbrella structure or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects.

ENCROACHMENT INTO PUBLIC RIGHT-OF-WAY
Encroachment Permits shall be required for building and dismantling a Parklet. All requirements of obtaining an Encroachment permit are listed in the Public Works section of the City of Healdsburg website.

For the purpose of the ongoing encroachment of the right of way the Parklet Permit will stand in lieu of an Encroachment Permit.

ALLOWABLE CONFIGURATIONS
Parallel Parklet:

These parklets utilize parallel parking spaces.

Parklets typically are limited to a business’s
frontage but can extend further if supported by
neighboring businesses. The approximate depth
of usable space from the curb is 7’ (or to within

1.5’ of the outside edge of the parking stall
striping). No part of a Parklet can extend beyond
parking striping
Sidewalk seating may be incorporated into a
parallel parklet layout or design.

Diagonal Parklet:

These parklets utilize diagonal parking spaces.

Parklets typically are limited to a business’s
frontage but can extend further if supported by
neighboring businesses. The approximate depth
of usable space from the curb will vary but is
typically 17’ (or to within 1.5’ of the outside edge
of the parking stall striping). Parklets cannot
extend beyond parking striping.

Sidewalk seating may be incorporated into a
parallel parklet layout or design.

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Sidewalk Parklet:

These parklets use sidewalk areas adjacent to
the business that allow space for outdoor dining,
beverage service, or retail. You must always keep
a 50” walkway open for pedestrians and not allow
customers to move chairs or tables to infringe on
the public walkway.

Merchants who only use the sidewalk to display
wares, or other businesses that put out a small
table or bench but do not provide service to those
seating areas, will not be considered a parklet.

They will be required to maintain an annual
encroachment permit with current insurance and
indemnity.

USE OF PRIVATE PROPERTY
Nothing in your permit relieves a business from any obligations or laws requiring consent of adjacent property owners for use of private property. Businesses seeking to operate outdoors shall obtain consent of any private property owners whose property will be used for outdoor operations; A signature from the property owner is required for a permit.

CANOPIES/ROOF
General Guidelines:
• All canopies/Roofs require a Building Permit and must be inspected. • Canopies/Roofs must be rigid and have a fire-resistant certification or flame certification showing material is in compliance with either California State Fire Marshal with approved seal or meets NFPA 701 flame retardant standards.
• Canopies/Roofs shall not be installed within 5’ of buildings unless approved by the fire code official.
• If heating devices will be used under canopies, the fire code official must provide an inspection. The use of propane heaters requires a permit from the fire code official. • The layout or a diagram of outdoor canopies must be shown on the permit application. • Canopy/Roof installations shall not obstruct fire apparatus access to existing buildings or fire protection appurtenances (e.g., fire hydrants, FDC’s, etc.). • Areas open to the public under canopies must be made accessible to individuals with disabilities. The head clearance under canopies is 90’ (ideally 96’). • There shall be a clearance of not less than 5’ surrounding the parklet at all times, including adjacent parklets.
• Outdoor canopies open to the public must have openings to allow airflow as provided in these guidelines. The combined sidewall area (all 4 sides) shall not have less than 50% of clear unobstructed opening at all times.
• If the building address is obstructed by a canopy, applicant must provide addressing that is visible from the public street and must be approved by the fire code official. • Canopy/Roof shall be properly anchored or ballasted in accordance with manufactures guidelines, structural calculations or as otherwise approved by the fire code official. The formula [(L x W) x 5lbs = total ballast required] may be used to determine total ballast for canopies.

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• The following weights for filled water barrels may used for providing ballasts:
o Water barrels top tied only = 192 lbs. each
o Water barrels top tied and bottom strapped to leg = 336 lbs. each • Canopy permits are revocable by the fire code official for non-compliance with these guidelines.

IMPORTANT: Temporary tenting is not allowed. No exceptions.

HEATING DEVICES
Outdoor heaters and elements that use electricity or propane fuel can help to make your parklet more comfortable throughout the year. Heating features are allowed in parklets but will require an additional permit from the Fire Department. Please note the following for all heating types:
• The location and type of all heating equipment must be shown on your permit application diagram/drawing.
• The fire code official or their designee will inspect all heating devices regardless of size. • Heating appliances must be listed and used in accordance with manufactures guidelines, these guidelines, and the California Building Standards Code.

Portable Electric Space Heaters.

Portable, electric space heaters are allowed when operated only in locations for which they are listed. Portable, electric space heaters shall be located at least 3’ from any combustible materials, including sidewalls, ceilings, umbrellas, and all other combustible materials.

Portable Outdoor Gas-Fired Heaters (i.e., propane or natural gas). Portable outdoor gas-fired heating appliances for businesses may only be used when Fire Department
requirements are met and the canopy is provided with one side that is completely open and the combined sidewall area (all 4 sides) is not less than 50% of clear unobstructed opening as determined by the fire code official. A propane permit must be obtained by the fire code official prior to the installation and use of portable outdoor gas-fired heating appliances within a canopy.

Portable outdoor gas-fired heating appliances are not permitted within 3’ horizontal and vertical distance from sidewalls, ceilings, canopies, or buildings and shall be kept a minimum of 5’ horizontal distance from exits of canopies or buildings.

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Propane cylinder valve
lock, NFPA 704
diamond, fire
extinguisher with
maintenance tag, cable
lock, milkcrate, propane
cabinets.

Liquid Petroleum (LP) Gas (Propane):
• Propane shall be stored and used in accordance with the California Fire Code and must be stored within the parklet. • A propane permit has been issued by the Fire Department o Electronically report and apply for a Hazardous
Materials CUPA permit online.
o Tanks installed in listed appliances or alone may be
stored in a secured location outside the business.
o Tanks not installed on or in listed appliances shall be in milk crates or similar stabilization containers, nested, or secured top and bottom
o The portable outdoor listed appliances can be secured by nesting them in the center of the parklet with the
propane turned off, the access doors facing in and
chained together to prohibit tampering.
o Storage shall not be within 10’ of ventilation intakes, doors, windows or ignition sources
o Storage areas shall be posted “No Smoking or Open
Flame”
o Propane shall not be used inside buildings at any time. • Propane tanks used shall not exceed 5-gallon water
capacity.
• The permitted number of propane tanks shall not exceed five (5) tanks total (in use and in storage at any one time - empty tanks are considered full and count towards total). • Propane tanks shall be adequately protected to prevent tampering, damage by vehicles or other hazards and shall be in an approved location not less than 5’ from canopy, sidewalls, and ceilings. Propane tanks shall be located not less than 5’ from a means of egress (exit).

LIGHTING
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Lights can be a wonderful way to create ambiance within the parklet. Lights can be installed within the parklet and over the sidewalk by incorporating a post element into your parklet design railing treatment.
• Lighting is allowed but may require a permit, depending on what you propose. Selfcontained low-voltage systems, such as solar or battery-powered lights, are strongly recommended.
• Lighting is limited to the structural elements of the parklet and cannot be attached to public trees, light poles, or other City-owned infrastructure. • Lighting shall be placed in a manner and brightness level to avoid distraction to drivers. • They are at least 7.5’ feet high to allow vertical clearance for pedestrians. • Do not include any lighting that is blinding to passing traffic. • Due to Healdsburg’s historic downtown buildings, some sites will require more creative solutions so as not to damage structures.
• Please include a lighting plan with your parklet paperwork. It must include specific locations of anchor points, type of wall anchors proposed for installation, size of lateral cabling, and where the electricity is being drawn from (interior of building or exterior of building).
• Additional detailing will be required for the proposed construction of the overhead lighting support system to show how lateral bracing is provided. • All lighting must meet electrical code and energy code requirements. All lighting types, lighting controls and the routing of the electrical should be clearly indicated on an electrical plan.
• All lighting and cords must be UL listed for outdoor use and warm in color (no bright LEDs). All outdoor electrical must be cord and plug connected using a Ground Fault Circuit Interrupter (GFI) electrical receptacle.
• Cords or wiring at ground level must be covered or installed to prevent trip hazards.

Overhead wiring may be permitted under certain situations with approval. • If in the opinion of the City that the lights are a distraction, applicant shall modify as necessary at their own expense.
• At no time should any business tap into City-owned power or any other public utility.

MAINTENANCE & LANDSCAPING
Being approved for a parklet is a great privilege and
responsibility. Parklet owners are responsible for
ensuring their parklet is kept in like-new condition
including:
• Exposed wood is stained, sealed, or otherwise
treated for ongoing outdoor use.
• Measures taken to prevent weathering or
discoloration in wood or sidewalls.
• Regularly clean parklet and the surrounding areas
that accumulate trash and leaves.

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• Regularly inspecting decking, hinges, sidewalls,
ramps, connections points, railings, etc. to comply to
guidelines.
• Ensure parklet lighting such as bistro lights are
replaced when burnt-out.

Due to the placement of parklets and closed streets,
street-sweepers are unable to access the area. The
garbage will attract vermin, and the leaves will cause
slipping hazards, particularly when wet. Parklet owners are responsible for cleaning and maintaining all interior and exterior areas surrounding your parklet where street sweepers cannot reach, including your neighbor’s
frontage. To assure contaminants do not enter our
waterways, no sweeping into any drainage or planter,
debris must be properly disposed in an appropriate
receptacle of parklet owner.

Landscaping must follow the 50% visibility rule allowing pedestrians and cars the ability to see traffic. All
landscaping must comply with Fire safety standards.

SEATING
Parklets that incorporate seating can be integrated in a variety of creative ways. These seats can be a part of the structure, planters, or creative features within the parklet.

Seating and tables can also be movable as well. This
seating can be removed and stored at the end of the day or locked with cables to the parklet structure.

Seating must comply with ADA requirements and is
the full responsibility of the Parklet owner.

SIDEWALLS: THE 50% RULE
By always adhering to the 50% Rule, parklet owners will meet several sightline, air flow, and parklet design requirements. The bulleted items below define the 50% Rule:
• Use of sidewalls are permitted only when…
o The parklet is in active use
o During times of direct sunlight, rain or heavy wind
• The combined sidewall area (all 4 sides) shall not have less than 50% of clear unobstructed openings around your parklet.
• You can include columns and other vertical elements into your parklet design. • Continuous opaque walls between 42”-90” that block views into the parklet from the surrounding streetscape are prohibited.
• The parklet should have a notable, defined edge along the side of the parklet facing the roadway and adjacent parking stalls. Depending on the context, the edge should be between 30” and 42” in height.

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• Temporary vertical obstructions, such as mesh screens, between 42” and 90” from the pavement shall be considered a “closed sidewall”.
• Vertical obstructions 42” or less in height shall be considered “partial obstructions” and shall be allowed for the purposes of determining “sufficient outside air movement”. • A minimum clear “opening” height of not less than 48”, shall be provided above any partial obstructions to provide “sufficient outside air movement”. • Variations from these guidelines may be approved on a case-by-case basis when the intent of the State and County guidelines are met and the variations are approved by the Department of Public Health and the fire code official. (An example of a variation might include fans or other devices that increase sufficient outside air movement to a space that might not otherwise meet all the criteria mentioned above.) • All temporary sidewall material/fabric, placement, and attachment method must be preapproved as part of your Parklet Permit.

SIGNAGE
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Parklets may not be used to hang banners,
promotional material, or any other type of
signage without prior approval from the
City. A professional design proof may be
required.

At no time should any business attach,
affix, or secure, any signage to any power
pole, tree, streetlamp, or other City-owned
piece of infrastructure without prior
approval. Signs should be modest in size
and be in character with the materials,
colors, and details of the parklet and
associated business. Signs shall not
impact sight lines and shall not obstruct the
public right-of-way.

Parklets blocking their address must
provide their numerical address on the
street facing side of their parklet so that it
is easily viewable from the roadway. A selfreflective address sign on the parklet with individual numbers that are at minimum 4”
in height.

CONSTRUCTION
No permits will be approved on City streets without the installation of an approved deck. The parklet frame should be a freestanding structural foundation that rests on the street surface or curb. No features or structural components may be permanently attached to the street, curb, or adjacent planting strip. Businesses cannot leave materials within the public right of way outside your parklet, including during construction. At no time should any business attach, affix, or secure, any sign, private equipment to any power pole, tree, streetlamp, or other City-owned piece of infrastructure. Parklets must be freestanding and no attachment to any existing building structure or piece of infrastructure (private or public) is permitted without approval. All parklets must have a continuous boundary defining special parklet area.

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Upon receiving your Parklet Permit, construction must be completed in a timely manner and not continue for more than 3 weeks from your start date. After work has started, continual progress on your parklet must be made to comply with the conditions of your permit. Any construction lasting more than 3 weeks will require the installation of construction fencing at the permit holder’s coordination and risk possible revocation of permit. Additionally, drilling into the sidewalk or pavement is not allowed. When your permit expires, businesses will need to repair any damage to public property. The City will require an additional encroachment permit to correct any damage

CURB INTERFACE
• Parklet design shall allow for stormwater
flow and drainage along the curb.

Approval of Parklet Permit does not
relieve owner of responsibility for creating
and maintaining proper drainage under all
circumstances.
• The top of the decking shall be flush with
the curb (no more than 1/2” horizontal
gap), level with the adjacent sidewalk (no
more than 1/4” vertical deviation) and
must be accessible at several locations by
pedestrians.
• The parklet must have a seamless
connection to the existing curb to meet
ADA requirements. In certain situations, a
ramp may be required to meet ADA
requirements.
• Parklets can be designed with the parklet
sitting on top of the curb only if an ADA
compliant ramp is installed.
• Nothing can be drilled or affixed to the
curb.
• Parklet owner, at their own expense, must
repair any damage to the curb caused by
the Parklet at the time of removal of the
Parklet.

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PUBLIC UTILITY
A parklet shall not block or
encumber the working space
around storm water drainage,
fire hydrants, transit stops,
driveways, manholes, or
public utility valves/covers. At
no time should any business
tap into City-owned power,
water, or any other public
utility

ROAD BARRIERS
Vehicle deterrents such as heavy planters, filled wine barrels, or other heavy objects shall be installed within the parking space adjacent to the traffic lane no more than 6’ apart along the street side perimeter of the parklets. Additional vehicle deterrents shall be installed on the edges of the parklet. Vehicle deterrents such as planters, wine barrels, or other objects MUST be filled with water, soil, sand, gravel, or other heavy material and be installed within the parking space adjacent to the traffic lane or adjacent parking sides. All vehicle deterrents shall be located entirely within the approved parking space(s), and design and placement must be approved by City staff.

Reflective tape or markers are required at the corners of the parklet and, depending on location, along the length of the parklet to alert drivers, cyclists, and others. In low light conditions or rainy days, drivers unfamiliar with the parklets need a clear warning of these unexpected objects in the parking area.

SIGHT LINE
• The parklet design must ensure visibility to passing traffic and pedestrians and not create a visual barrier.
• The parklet shall maintain a visual connection to the street. Continuous opaque walls higher than 42” that block views into the parklet from the surrounding streetscape are prohibited.
• A minimum overhead clearance of 90” (preferably 96”) must be provided for any parklet that includes a canopy, umbrella, or similar element, to avoid creating a visual barrier and to provide adequate clearance for people.
• The parklet should have a notable, defined edge along the side of the parklet facing the roadway and adjacent parking stalls. Depending on the context, the edge should be between 30” and 42” in height on the street side.
• The parklet shall not encroach on the travel way.
• Traffic deterrents must be connected to create a perimeter that deters individuals from entering the traffic lane from the parklet. This can be accomplished via a railing, planter, pony fence, roping, or other similar apparatus. A continuous barrier is also required for ABC purposes.
• Generally, parklets must be located at least one parking stall away from a street corner.

Applicants requesting a parklet located on a corner will undergo a thorough review and sight line evaluation, based on specific location and intended use, to determine if the presence of the parklet at a specified location will cause a safety hazard.

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• Parklet shall not create an unsafe condition by limiting necessary line of sight from driver to signage, traffic, or pedestrians.
• Parklet location must comply with California Daylighting law AB 413 – prohibits parklets within 20ft of approach side of marked or unmarked crosswalk and 15ft of approach side of marked or unmarked crosswalk with curb extensions (Bulb outs)

EMERGENCIES & CITY REPAIR
As determined by the City, a business shall remove a parklet installation or portion of a parklet at its own cost for:
• Public utility maintenance, upgrades, repair, or inspection purposes • Street maintenance, upgrades, repair, or inspection purposes • Access below ground, street level, or above ground utilities, trees, and other City infrastructure
• Storms, floods, high wind advisories, and other weather-related events • Upgrade, maintenance, or regular inspection of public utilities • Access to fire hydrants, manholes, valves/covers, drainage, and other utility or utilities
• Securing, altering, relocating, and/or items contained within for safety reasons • Other purposes as determined by the City or as directed by the City Manager Item 8.b
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• Where determined by City of Healdsburg Fire Department a separation of not less than 6ft wide with no vertical obstruction will be required to ensure emergency response activities are not hindered and egress paths are maintained. This requirement may be triggered specifically when the size (length) of an individual parklet or multiple parklets if connected would extend beyond normal apparatus hose lay accompaniments or would block emergency response access.

Staff will provide parklet owners 60-day notice of any infrastructure replacement or upgrades occurring that would require a parklet to be moved or dismantled. In the case of emergency repairs or weather events, staff will make effort to provide parklet owners with as much advance notice as possible, however, in an immediate emergency this may not be possible.

In an emergency, the City reserves the right to dismantle or remove a section or sections of a parklet in whatever manner it chooses to address the emergency and assumes no responsibility for returning the parklet to its original condition.

Due to the nature of the emergency, repair, maintenance, inspection, or other essential purpose that requires removal, displacement, destruction, or disruption of a permitted parklet, an exact timeline may not be immediately known and could exceed days, weeks, or months. See Appendix D for Healdsburg Flood Hazard Zones.

GENERAL PERMIT PROCESS
STEP 1: Applicant submits permit application via e-mail to:

Scott Mann, Engineering Technician
[email protected]
707.547.0556
STEP 2:Permit Coordinator collects all application materials and provides initial review of application.
• Completed application with required signatures
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• Detailed Map / Layout
• Initialed and signed Parklet Permit - Agreement & Guidelines • Proof of Liability Insurance with Endorsement
• Any supplemental materials, photos, maps, layouts, or permits STEP 3:Permit Coordinator routes completed application to City staff for review/approval, as needed.

STEP 3a: The City may request a virtual or on-site meeting with the applicant to review request.

STEP 4:Permit Coordinator assembles all conditions and requirements into a permit packet for applicant to sign.

STEP 5:If permit is approved, the Permit Owner Pays Fee STEP 6:Permit Coordinator signs and issues Parklet Permit.

STEP 7:Annual renewal invoices issued to current parklet permit holders on December 1st STEP 8:First Installment of annual fees due by January 31st STEP 9:Second installment of annual fees due by June 30th IMPORTANT:

Any business wishing to be permitted for a parklet must apply for a Parklet Permit and comply with these updated guidelines regardless of previous permit status.

ASSOCIATED FEES & COSTS
Annual Parklet Fees
• Administrative Fee: $219.07 per month
o Fee supports the cost of city staff to monitor and administer the program. • Rental Fee: $1.64 per square foot per month
o Fee covers the private use of right-of-way made inaccessible to the public by the parklet, including street, sidewalk, or other public right-of-way. o Official parklet size will be determined by the City based on approved layout and the amount of right of way being made inaccessible by the parklet. The chart below outlines sample fees based on various parklet sizes; each parklet will have its own unique size based on its individual layout:

SAMPLE

PARKLET
SIZE

ANNUAL RENT ADMINISTRATI

VE FEE -
ANNUAL
TOTAL

ANNUAL FEE
100 sq. ft. 100 sq. ft. x $1.64 x 12
months
$2,628.84 $4,596.84
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• Payment Due Dates: Annual fees will be billed on December 1st each year with separate invoices representing the two equal installments. The first installment is due on or before January 31st. The second installment is due on or before June 30th. • Proration: Annual fees on new permits issued after January 31st of a given year are eligible to be prorated. Prorated fees will be calculated based on the number of months remaining in the permit year from the date of applicant signature on permit packet. For the purpose of proration, any partial months will be rounded up.

Late Payment Fee
A late payment fee of $137.59 will be assessed if payment is not received by close of business on the due date, or close of business on the Monday following the due date if it occurs when City Hall is not open. The late payment fee of $137.59 will continue to be assessed every 30 days until paid or until the payment is over 90 days late at which time the parklet permit will be revoked.

Guidelines Violation Fee
If your parklet is found in violation of any of the Ongoing Parklet Permit guidelines, including failure to provide current proof insurance, you will be issued a notice of violation. Parklet owners will then have 15 days to remedy the violation before a guidelines violation fee of $137.59 will be assessed. You will have the opportunity to contest any violation.

Parklet Removal Deposit
A one-time deposit of $2,000 is required to be paid at the time of existing parklet permit renewal for the 2026 permit year and at the time of any new parklet permit approval thereafter. The deposit is not eligible to be paid in installments and must be paid in full at the time of renewal/approval. In the event of a transfer of ownership the deposit will be returned only after the new owner has received a parklet permit approval and paid all required fees including a new deposit. In the event a parklet needs to be removed due to business closure, parklet permit revocation or other cause, the city will retain the deposit until the Parklet has been completely removed, any damage to City infrastructure has been repaired, and parking has been returned to the public. Once the Parklet owner has completed the removal to the satisfaction of the City the deposit will be returned. If an owner is unwilling or incapable of removing their parklet or repairing damage, they will be charged on a time and material basis for City staff or city paid contractor to do the work. If that amount is greater than the deposit, the owner will be invoiced for the additional costs and payment will be due within 60 days of written notification. If the cost 352 sq. ft. 352 sq. ft. x $1.64 x 12
months
$2,628.84 $9,556.20
678 sq. ft. 678 sq. ft. x $1.64 x 12
months
$2,628.84 $15,971.88
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of the City removing the parklet is less than the deposit, the balance will be refunded to the applicant within 60 days of completion of the work.

Planning & Building Fees:
• The Planning and Building Department charges a $170/per hour fee to applicants for the time spent reviewing professional parklet drawings along with the inspection of your construction for all approved building permits.
• Applicants that choose to build a more elaborate construction that includes any sort of construction overhead will require a building permit.
• Additional fees may apply depending on parklet location and use as listed in the Master Fee Schedule.

All fees are subject to increase annually on July 1st by the Consumer Price Index - All Urban Consumers for the San Francisco-Oakland-San Jose area, as calculated by the U.S. Department of Labor, for the month of April.

Other potential fees: (Not collected by the City of Healdsburg, amounts may change) • CUPA certification (training required to handle propane under outdoor canopies; roughly $400 annually)
• California Department of Alcohol and Beverage Control – Extension of existing alcohol license
• Any professional designs (required for a building permit) • Additional fees may apply depending on parklet use.

Other costs:
• The business constructing the parklet is fully responsible for all construction and setup costs, operations and maintenance, full liability release and indemnification, and provision of insurance.
• Any damage, repair, replacement, or preventative maintenance. • The business shall remove a parklet, or portion of a parklet, at its own cost, if necessary for public utility or street maintenance/repair purposes, as determined by the City. This may include full removal of the parklet installation to access below ground, street level, or above ground utilities, trees, and other City infrastructure. • The business shall be responsible for repairing any damage caused to the street/curb/gutter/sidewalk as a result of the parklet, once the parklet is removed.

TERMINATION OF PERMIT
Applicant: Applicant can terminate their parklet permit at any time due to business closure, relocation, or other causes. There are no refunds for permit fees already paid. Applicant must submit a written notice of termination within 15 days of ceasing to activate the parklet in accordance with activation terms outlined. The applicant is required to remove the parklet or provide new ownership information within 60 days of termination notice.

City: City may terminate a parklet permit due to failure to pay fees timely. City may deny parklet renewal if activation standards are not being met or if violations remain uncorrected. The city will provide written notice to the applicant 30 days prior to renewal or termination. The applicant is required to remove the parklet within 60 days of receiving notification of permit termination.

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In accordance with the Parklet Removal Deposit, in the event a parklet needs to be removed, the city will retain the deposit until the Parklet has been completely removed, any damage to City infrastructure has been repaired, and parking has been returned to the public. Once the Parklet owner has completed the removal to the satisfaction of the City the deposit will be returned. If an owner is unwilling or incapable of removing their parklet or repairing damage, they will be charged on a time and material basis for City staff or city paid contractor to do the work. If that amount is greater than the deposit, the owner will be invoiced for the additional costs and payment will be due within 60 days of written notification. If the cost of the City removing the parklet is less than the deposit, the balance will be refunded to the applicant within 60 days of completion of the work.

NEIGHBORHOOD NOTIFICATION AND COMPLAINTS
All permit applicants MUST notify all adjacent businesses and provide details of their parklet plan prior to submitting their application. Any immediately adjacent business to a permitted parklet has the right to revoke their support at any time. A neighboring business that has any concerns or issues is encouraged to resolve the matter independently and diplomatically with the permit holder. If a resolution cannot be found, the adjacent business may contact the permit coordinator in writing to file an official grievance for determination and/or direction on the matter. Non-adjacent businesses may also provide a complaint in writing which will be include in the permit holder’s file and re-reviewed upon renewal. The permit coordinator will determine any applicable action based on a written complaint.

MAP & LAYOUT REQUIREMENTS
In your permit application, you will be asked to include a detailed drawing / visual representation of the area in which your proposed outdoor activities will take place. To assist us providing a thorough review of your map / layout you will be asked make note of the following:

Boundaries & Equipment:
• Clearly define the boundaries of your proposed footprint and identify the names of any neighboring businesses
• Your ENTIRE parklet, including wine barrels, planters, and barricades, must fit within the parking area (painted white tic marks must be visible or as approved in your permit). • Label street names of any adjacent streets
• Include all improvements, structures, equipment, and/or materials (i.e., tables, dividers, barriers, etc.)
• Identify all permanent public fixtures within your proposed footprint (i.e., sidewalks, trees, fire hydrants, benches, etc.)
• Indicate a minimum 48” path of ADA compliant travel
• Details of construction of platform if used to create flat surface • Details of hand railing if a drop off is created by platform • Details at connection point to curb or note to be created “flush with curb” • Details of any ramp or other device to allow wheelchair access • Vertical clearance of 7’ minimum required from walking surface (i.e., if patio umbrellas are used)
• Vertical clearance of 7.5’ minimum required from walking surface (i.e., if canopy is installed)
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• Details on use of any gaps between parklet and adjacent parking (i.e., bike parking, planters, etc.); gaps over 4’ may require additional road barrier protection provided by the parklet applicant.
• Show continuous boundary defining parklet area.

See Appendix B for helpful information on site plans. Professional drawings are required for all Building Permits.

INSURANCE & INDEMNITY REQUIREMENTS
Indemnity
For the purposes of Indemnity and Additional Insured Endorsement requirements, work or outdoor activities shall be deemed to be performed for the City of Healdsburg (City) if the work or outdoor activities are performed for or by parties who have been issued a permit by the City.

Prior to receiving an Ongoing Parklet Permit (OPP) to perform work or outdoor activities in the City right-of-way, the Permittee shall furnish the insurance documents described below to the City of Healdsburg for approval. Permittee shall procure and maintain for the duration of the permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Ongoing Parklet Permit issued by the City. To the fullest extent permitted by law, Permittee shall hold harmless, defend, and indemnify the City and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work or outdoor activities described herein, caused in whole or in part by any negligent act or omission of the Permittee, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City. These defense and indemnity obligations shall survive the termination or completion of this permit agreement and are in addition to, and not limited by, the insurance obligations in the permit agreement.

If Permittee’s proposed activities encroach into public right-of-way and/or a public easement, Permittee shall procure and maintain for the duration of this Permit Agreement, and furnish proof of along with this Permit Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with this Permit Agreement, as set forth in this section. The cost of such insurance shall be borne by Permittee. Permittee’s whose activities do not encroach into public right-of-way and/or a public easement, shall not be required to obtain said insurance.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
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If the Permitee maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Permitee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Permitee including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Permitee’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.

Primary Coverage
For any claims related to this contract, the Permitee’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Permittee’s insurance and shall not contribute with it.

Notice of Cancellation
Permittee shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Permittee shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation
Permittee hereby grants to City a waiver of any right to subrogation which any insurer of said Permittee may acquire against the City by virtue of the payment of any loss under such insurance. Permittee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Permittee, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Permittee to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

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Verification of Coverage
Permittee shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before access is allowed. However, failure to obtain the required documents prior to the access being allowed shall not waive the Permittee’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Permittee shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Permittee shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Minimum Scope of Insurance:

Permittee shall obtain and all times during duration of this Agreement maintain coverage at least as broad as:
• Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
• Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance (for Permittees with employees).
• Property insurance against all risks of loss to any tenant improvements or betterments.

Permittee shall maintain limits no less than:

General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Worker’s Compensation Insurance: Proof of Workers Compensation and Employers Liability insurance as required by any applicable law, regulation or statute, including the provisions of Division IV of the Labor Code of the State of California, and any act or acts amending it.

Worker's compensation insurance must be for Statutory Limits and must cover the full liability of the Permittee. The Permittee’s Employer’s Liability Insurance must be in an amount no less than
$1,000,000.00 per occurrence.

Deductibles and Self-Insured Retentions:

Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Permittee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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Other Insurance Provisions:
• The general liability policy is to contain, or be endorsed to contain, the following provisions:
• The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of the premises/property owned by or leased to the Permittee.
• The Permittee’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Permittee’s insurance and shall not contribute with it. • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII unless prior approval is received from the City Attorney.

INSURANCE CHECKLIST
Below you will find a helpful Liability Insurance & Endorsement Checklist for providing us a Certificate of Insurance AND Endorsement that meet our requirements:

Certificate of Insurance (COI):
 Correct name and address of permit applicant is listed on the COI (must match the applicant/business name on the Parklet Permit Application).  Limits need to be $2,000,000.00 or greater.
 "The City of Healdsburg, it’s officers, officials, employees, and volunteers’” need to be listed.

Proof of Worker’s Compensation. the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Permittee, its employees, agents and subcontractors.

The application says that you need to provide proof of Workers’ Comp Insurance as required by the State of California and Employer’s Liability Insurance. When we refer to proof we are stating that your need to show us that your have Workers Comp but that your don’t have to provide the Workers’ Comp Waiver of Subrogation, which we normally require.

Additionally Insured General Liability Endorsement:
 "The City of Healdsburg, it’s officers, officials, employees, and volunteers’” need to be listed.
 Additionally insured or ‘Per Written Contract’ needs to be listed.  Contains Primary and Non-contributory language.
 The GL Policy number added to the endorsements or the form numbers added to the certificate page in the description. Something that connects all these documents together.

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Please provide the above requirements and checklist to your insurer and confirm that they have provided all information contained in the checklist before submitting your insurance documents.

Providing insurance documents that do not meet the City’s minimum requirements may delay your permit approval. It is the responsibility of the permit holder to ensure that the City has your most current insurance information on file.

ADDITIONAL PERMITS & REQUIREMENTS
The City shall only enter into a parklet agreement that authorizes activities which are consistent with City, State and County guidelines. Nothing in this permit shall authorize a particular business to operate outside unless that business is authorized to operate with approval of the City of Healdsburg. All businesses must be in full compliance with all City, State, and County requirements.

Nothing relieves a business from the requirement to:
• Obtain a Building Permit for outdoor activities if a building permit would otherwise be required, nor does this relieve a business from complying with all provisions of the Building Code, including but not limited to, maximum occupancy requirements. City staff will determine if your parklet construction requires a building permit as part of their review of your permit application.
• Undergo design review for exterior alterations if such design review is required pursuant to any historic property standards.
• Obtain any and all California Department of Public Health (CDPH) permits required for outdoor food service / food safety.
• Obtain an alcohol license extension from California Department of Alcohol and Beverage Control. Since the City of Healdsburg does not administer this permit, if you hold a Temporary ABC COVID-19 Catering Permit, your license may not align with the duration of your Parklet Permit. Please ensure you that you have the proper alcohol permit(s) to extend your existing alcohol license into a permitted parklet area. The number to ABC's local office in Santa Rosa is 707-576-2165 if you have any questions. • Adhere to the laws and regulations set forth in the Americans with Disabilities Act of 1990 (ADA). As the business and parklet owner, you are responsible for understanding and meeting the requirements of the Americans with Disabilities Act (ADA). You must always keep a 48” walkway open for pedestrians, do not allow customers to move chairs or tables that infringe on the public walkway. See Appendix A for additional guidance. • Obtain all permits and follow all requirements found in the California Building Standards Code and the California Fire Code including electronically reporting and applying for a Hazardous Materials Certified Unified Program Agencies (CUPA) permit if using Liquid Petroleum (LP) Gas (Propane).

Information provided above is not an exhaustive listing of permits and parklet requirements.

Permit requirements are subject to change, additional permits may be required, and holders a Parklet Permit must conform to all updated permit requirements, guidelines, laws, and ordinances.

PARKLET INSPECTION
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be contingent on the safety risk posed. Permit holders will need to confirm all corrective measures in writing and provide pictorial evidence if required. To assist parklet owners with ensuring guideline compliance, Appendix E offers a helpful Self-Inspection Checklist.

If on subsequent inspections, previously identified issues persist, the permit review team will review the violation and determine appropriate action. Permits may be terminated, revoked, or amended at any time at the sole discretion of the City Manager. Any work required of the owner that is not completed after proper notice may be completed by the City at owners expense. Please see section on “Violations” for additional information.

ADDITIONAL TERMS & CONDITIONS
Please read and understand the following permit terms & conditions:
• Permittee agrees to accept all responsibility for loss or damage to any person, property, or entity and to indemnify, hold harmless, and defend and release the City of Healdsburg, its agents, and employees from and against any and all liability actions, claims, damages, costs, or expenses which may be asserted by any person, property, or entity, including Permittee, arising out of or in connection with the willful act or negligence of Permittee engaging in the activities associated with this Agreement, whether or not there is concurrent negligence on the part of the City, but excluding liability due to the sole active negligence or sole willful misconduct of the City. • Permittee hereby grants to the City the right to remove or relocate said improvements and to come upon Permittee’s land to effect said removal or relocation if deemed necessary by the City and/or a Utility. Permittee waives any claim or right he/she/it may have for inverse condemnation, damages, or loss of income or business resulting from said removal.
• Permittee shall comply with all applicable local, State, and Federal laws and regulations at all times during the effective period of this agreement, including but not limited to laws regarding the obstruction of vehicular traffic, the Americans with Disabilities Act, and County health laws regarding provision of food services. • If Permittee’s proposed activities encroach into public right-of-way and/or a public easement, Permittee shall procure and maintain for the duration of this Agreement, and furnish proof along, with this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with this Agreement, as set forth in this section. It is the responsibility of the permit holder to ensure that valid insurance remains on file with the City.
• Permittee understands and agrees that this permit confers no vested rights to any ongoing or continued activities, and any and all activities authorized by this Agreement.

All improvements, structures and installments approved pursuant to this Agreement shall be removed in their entirety upon expiration of this Agreement. • This Agreement is non-transferable. Only the permittee with whom this Agreement was entered shall be permitted to engage in the activities authorized herein.

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• This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed.

Permit holders must agree to the following:
• I understand that this program is ongoing and will expire in accordance with these guidelines, unless otherwise amended by City Council.
• I understand that my parklets should be functional, safe, welcoming, aesthetically pleasing, and meet all municipal and parklet guideline requirements. • I will adhere to all Sonoma County Health Services orders and requirements. • I will adjust my outdoor plan if the City identifies safety, ADA, or logistical issues after this permit is issued.
• I accept all risk related to loss or damage of any outdoor furnishings. • I will always leave room for ADA access (minimum of 48” unobstructed clearance) and for appropriate pedestrian flow and will be responsible for allowing all ADA requirements.
• I will leave Fire Department connections, fire hydrants, and designated red zones unobstructed.
• I will train staff on the location of the nearest fire extinguisher to the outdoor space. • I will assure that exits for my business and adjoining businesses remain unobstructed. • I will not cook outdoors.
• I am not prohibited by any lease or rental agreement from expanding my business outdoors in front of my business.
• I understand the City reserves the right to update, amend, or otherwise change these guidelines at any time.
• I understand that amplified sound is not permitted in any parklet area. • I understand that parklets must be made assessable during all hours of business operation, if requested by a customer.
• I understand that smoking is prohibited in all parklets. • I understand that Parklets cannot be sublet or transferred in anyway. • I understand that I must remove my parklet upon vacating the location • I understand that if I vacate the location and do not remove my parklet I will be held liable for any cost associated with the removal of the parklet.

VIOLATIONS
To operate in an outdoor public area, you must hold a valid Parklet Permit and following all guidelines herein. Any violation of this permit may include termination of specific parklet amenities (lighting, sidewalls, heating devices, etc.) if improperly used, a cease in parklet service/operation until violations are corrected, or revocation of permit and parklet removal depending on the severity, quantity, or ongoing nature of the violation(s). Parklets with reported violations that remain uncorrected are subject to violation fee and not eligible for annual renewal.

Violation of any local, State, or Federal law shall constitute an imminent threat to the public health and is hereby declared to be a public nuisance and shall be subject to enforcement as such; violations may result in the immediate termination of your Parklet Permit and the cessation of any authorized activities. Permits may be terminated, revoked, or amended at any time at the sole discretion of the City Manager.

APPEAL
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Any applicant who is denied a Parklet Permit, whose parklet concept does not conform to these guidelines, or whose permit has been revoked for any purpose, may appeal. All appeals must be made to the City Manager within 30-days of notice of denial or revocation. The appellant shall attach a written statement describing the circumstances of the appeal and include any evidence that he/she would like to be reviewed for consideration. A response will be delivered within 30-days to the applicant

SIGNATURE

THE UNDERSIGNED AGREES THAT THE PROPOSED ACTIVITIES DESCRIBED ABOVE

SHALL BE IN ACCORDANCE WITH AND SUBJECT TO THIS AGREEMENT'S TERMS AND CONDITIONS, CITY OF HEALDSBURG RESOLUTION NO. 20-2022 AND ALL OTHER APPLICABLE LOCAL, STATE AND FEDERAL LAWS.

APPLICANT SIGNATURE: DATE:
______________________________________
____________________________________
________
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From: Cindy Beth
To: Scott Mann
Subject: [EXTERNAL] - Parklet Feedback
Date: Friday, August 22, 2025 1:30:12 PM
[CAUTION:] This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

As a Center Street business employee, I have a direct daily view of the parklets.

I fully support the reason the parklet's were developed, and enjoyed dining safely outdoors in many of them during and after the pandemic.

I believe their time has expired. I would like to see them phased out, starting with any nonrestaurants. There are retail businesses who have never needed the parklet to sell their merchandise. These should be removed immediately.

Additionally, any vacant buildings, or any change of business, should require the removal of the parklet, before the business vacates. The Center Street building where the tasting room has closed, and the Matheson St Thumbprint, now Olive Oil store, should be removed immediately. Any future business should have to apply and build their own parklet, if approved.

I have never walked by Mon-Fr and witnessed any one utilizing the parklet for the Tasting room on the corner of Center/Plaza, or the Gallery on Healdsburg Ave. These permits should not be renewed. The Running store on Center St has never needed the Parklet. It only has merchandise, not people in it, except for occasional events - Event Packet Pickup and Start/End of their weekly run groups. They have ample space in the parking lot for these uses.

Should not be renewed.

Thank you,
Cindy Beth
Schieffer Insurance
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From: Sam Bilbro
To: Scott Mann
Subject: [EXTERNAL] - Re: FW: Healdsburg Parklet Guidelines Updates Date: Monday, August 25, 2025 9:00:32 AM
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[CAUTION:] This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Hi
I appreciate you contacting me
I think all changes listed except for the Vacant Parklets make sense. 30 days is an unreasonable timeline for a new tenant to secure tenancy, made upgrades and begin using their building let alone their parklets. I feel like at least 6 months is a reasonable timeline. While I understand that vacant parklets aren't the best, if the tenant is working to open their business, I think they should be able to keep their parklets.

Thanks a bunch,
Sam
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CITY OF HEALDSBURG

CITY COUNCIL AGENDA STAFF REPORT
MEETING DATE: September 2, 2025
SUBJECT: City Council Subcommittee to Interview Planning Commission Applicants PREPARED BY: Raina Allan, City Clerk
STRATEGIC INITIATIVE(S):
- Provide Effective Governance
RECOMMENDED ACTION(S):

Appoint a City Council Subcommittee to interview the applicants for the Planning Commission.

COMMUNITY ENGAGEMENT/OUTREACH:

The Planning Commission vacancy was published in the Press Democrat and the Healdsburg Tribune on July 24, 2025, July 31, 2025, and August 7, 2025. Information on the vacancy was also posted on the City’s social media Platforms and the website.

BACKGROUND:

On August 1, 2025, a vacancy occurred on the Planning Commission due to a Commissioner moving outside of City limits. The vacancy is for the remainder of a term that runs through June 30, 2027.

DISCUSSION/ANALYSIS:

Staff recommends the City Council form a subcommittee to interview the Planning Commission applicants and make recommendations to the full Council at the September 15, 2025, meeting, on the best qualified candidates to fill the positions.

The application period closed August 28, 2025. Staff extended the deadline to apply from August 14th to August 28th. to allow more time for community members to apply. Staff will schedule interviews after the subcommittee has been formed. Staff received six applications as of the posting of this staff report. The applicants are listed below.

Mat Humphrey
James Gentry
Megan Mokri
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Hank Scotch
Christine Schadlich
Janice Kay McCartan
ENVIRONMENTAL STEWARDSHIP:

Not Applicable.

ALTERNATIVES:

The City Council could pursue an alternative plan to make the appointments without the formation of a subcommittee.

FISCAL IMPACT:

There is no fiscal impact related to the proposed action.

ENVIRONMENTAL ANALYSIS:

Pursuant to Title 14, the California Code of Regulations, Section 15378(b)(5) of the California Environmental Quality Act (“CEQA”) guidelines, the proposed action is an administrative activity of the City that will not result in direct or indirect physical changes to the environment.

ATTACHMENT(S):

Planning Commission Applications
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8/28/2025 – Page 1

CITY OF HEALDSBURG

CITY COUNCIL FUTURE AGENDA ITEMS
(NOTE: The schedule is tentative and subject to change pending final publication and posting of the City Council meeting agenda) September 15, 2025 Pollution Prevention and Creek Week Proclamation Latin American Heritage Month Proclamation
California Native American Day Proclamation
Senior Center Month Proclamation
Sun Day Proclamation
Professional Services Agreement with XX to provide Engineering Design Services for the Ward Street Neighborhood Revitalization Project ST009
2024 Power Source Disclosure Report
Acceptance of the 24/25 Sidewalk Repair and Gap Closure Project Contract for Utility design services for Healdsburg Avenue Climate Mobilization Strategy Implementation Annual Update Appointment to the Planning Commission
Magical Bridge Playground Memorandum of Understanding
October 6, 2025 International Active Aging Week Proclamation Domestic Violence Awareness Month Proclamation
Zero Waste Week Proclamation and Presentation
Fire Prevention Week Proclamation
Villa Chanticleer Historic Preservation Award and Operational Update Approval of Disbursement Report for Withdrawals during the Month of August 2025 Receive the Monthly Investment Report for August 2025
Notice of Completion – Electric Vehicle Charging Stations Professional Services Agreement with XX to provide Project Initiation Document (PID) Preparation Services for the US 101 / Dry Creek Road Interchange Improvements Project Villa Chanticleer Lease Amendment - Utilities
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8/28/2025 – Page 2
Resolution Establishing the Valley Oak as the Official City Tree Appointment to the Arts and Culture Commission
October 20, 2025 Professional Services Agreement for a Recreation Software Provider Foley Family Community Pavilion Operational Plan Review Professional Services Agreement with XX to provide Engineering Design Services for the Willow Glen Court Storm Drain Repair Project
November 3, 2025
Badger Park Redevelopment CEQA and Master Plan Approval November 17, 2025
Corazon Lease Agreement
Housing Legislation Land Use Code Amendments 1st Reading December 1, 2025
2026 Special Event Partnerships and Master Calendar
Sports Organization Affiliation Agreements
December 15, 2025
Housing Legislation Land Use Code Amendments 2nd Reading (NOTE: The schedule is tentative and subject to change pending final publication and posting of the City Council meeting agenda) Item 12.a
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