Sonora City Council
April 21, 2025

performance evaluations; works with employees to correct deficiencies; implements discipline and termination procedures; responds to staff questions and concerns.  Administers, coordinates, manages, and personally performs work in support of a variety of departmental programs and activities such as fire administration, prevention, public education, inspection, rescue, emergency medical treatment, hazardous material response, fleet equipment maintenance, inventory, training, or other aspects of the fire prevention and suppression programs.  Establishes incident command system at emergencies; directs firefighting operations, including commanding tactical and safety activities to ensure all response activities are conducted in a manner consistent with prescribed policies and procedures.
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 Contributes to the overall quality of the department’s service by developing, reviewing, and implementing policies and procedures to meet legal requirements and City needs; continuously monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors the distribution of work, support systems, and internal reporting relationships; identifies opportunities for improvement; directs the implementation of change.  Directs all activities of the pre-fire inspection, including administration of City codes/ordinances as adopted, and permit procedures.
 Represents the department to other City departments, elected officials, and outside agencies; explains and interprets departmental programs, policies, and activities; negotiates and resolves significant and controversial issues.
 Conducts a variety of departmental organizational and operational studies and investigations; recommends modifications to programs, policies, and procedures as appropriate.  Participates in and makes presentations to the City Council and a wide variety of committees, boards, and commissions.
 Participates in response to all risk emergency calls; directs regular and part-time staff at incident scenes.  Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of fire safety and other services as they relate to the area of assignment.  Maintains and directs the maintenance of working and official departmental files.  Monitors changes in laws, regulations, and technology that may affect City or departmental operations; implements policy and procedural changes as required.
 Prepares, reviews, and presents staff reports, various management and information updates, and reports on special projects as assigned by the City Administrator.  Responds to public inquiries and complaints and assists with resolutions and alternative recommendations.
 Performs other duties as assigned.

QUALIFICATIONS
Knowledge of:
 Administrative principles and practices, including goal setting, program development, implementation, and evaluation, and supervision of staff, either directly or through subordinate levels of supervision.  Public agency budget development, contract administration, City-wide administrative practices, and general principles of risk management related to the functions of the assigned area.  Organizational and management practices as applied to the analysis and evaluation of projects, programs, policies, procedures, and operational needs; principles and practices of municipal government administration.
 Principles and practices of fire safety program development, management in a municipal setting, and fire safety program planning and budgeting.
 Applicable federal, state, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility.
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Fire Chief

 Methods and techniques for the development of presentations, contract negotiations, business correspondence, and information distribution; research and reporting methods, techniques, and procedures.
 Record keeping principles and procedures.
 Modern office practices, methods, and computer equipment and applications related to the work.  English usage, grammar, spelling, vocabulary, and punctuation.  Techniques for effectively representing the City in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations.  Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.

Ability to:
 Develop and implement goals, objectives, policies, procedures, work standards, and internal controls for the department and assigned program areas.
 Provide administrative and professional leadership and direction for the department and the City.  Prepare and administer budgets; allocate limited resources in a cost effective manner.  Interpret, apply, explain, and ensure compliance with federal, state, and local policies, procedures, laws, and regulations.
 Plan, organize, direct, and coordinate the work of management, supervisory, professional, and technical personnel; delegate authority and responsibility.
 Select, train, motivate, and evaluate the work of staff and train staff in work procedures.  Research, analyze, and evaluate new service delivery methods, procedures, and techniques.  Effectively administer special projects with contractual agreements and ensure compliance with stipulations; effectively administer a variety of public works programs and administrative activities.  Conduct effective negotiations and effectively represent the City and the department in meetings with governmental agencies, contractors, vendors, and various businesses, professional, regulatory, and legislative organizations.
 Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.  Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.
 Establish and maintain a variety of filing, record-keeping, and tracking systems.  Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines.  Operate modern office equipment including computer equipment and specialized software applications programs.
 Use English effectively to communicate in person, over the telephone, and in writing.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

An associate’s degree in fire science, business or public administration or related field is required. A minimum of seven (7) years of progressively responsible experience, including two (2) years management experience at a Fire Captain level or above. A bachelor’s degree from an accredited college or university with major course work in fire science, business or public administration or closely related courses is preferred.
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Fire Chief

Licenses and Certifications:
 Possession of a valid California Class C Driver’s License with a Firefighter endorsement and have a responsible driving record. If applying from out of state, must possess a valid driver’s license with a responsible driving record, and be able to obtain a California Class C Driver’s License with a Firefighter endorsement within 6 months of appointment.
 Possess and maintain a valid EMT-I certification, or possess and maintain a valid EMT-P issued by the State of California.
 Federal Emergency Management Association’s National Incident Management System (NIMS) IS700 and National Response Framework (NFR) IS800, ICS 100 and 200 courses.  California State Chief Fire Officer Certification or Completion of California State Fire Training Educational requirements for Chief Fire Officer, initiation and completion of task book by end of 12 - month probation.
 Ability to obtain within 24 months California State Fire Marshal Certification is desirable.

PHYSICAL DEMANDS
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; mobility, physical strength, and stamina to respond to all risk emergency situations and use all emergency apparatus and equipment; perform medium to heavy physical work, to work in confined spaces, around machines, and to climb and descend ladders; to operate a motor vehicle and to visit various City and meeting sites; vision to discern colors and assess emergency situations, including medical incidents and to read printed materials and a computer screen; and hearing and speech to communicate in person, before groups, and over the telephone or radio. This is partially a sedentary, partially a field classification that requires operating in emergency situations and identifying and assessing problems or hazards. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator, operate standard office equipment, and to operate above-mentioned apparatus and equipment. Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites and push and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials, objects, and individuals necessary to perform job functions.

ENVIRONMENTAL ELEMENTS
Employees partially work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. The work also involves work in the field with exposure to loud noise levels, extreme temperatures, inclement weather conditions, road hazards, substantial heights, vibration, confining workspace, chemicals, mechanical and/or electrical hazards, and hazardous physical substances and fumes. Employees may interact with upset staff and public and private representatives in interpreting and enforcing departmental policies and procedures.

WORKING CONDITIONS
May be required to work on evenings, weekends, and holidays and monitor radio traffic on 24-hour shifts as assigned.
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Item F.

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP DATE: April 21, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Melissa Eads, City Administrator
SUBJECT: Consider Approval of the Interim Fire Chief Employment Agreement with Gary Carlson RECOMMENDATION:

Consider Approval of the Interim Fire Chief Employment Agreement with Gary Carlson to Serve as Interim Fire Chief for the City of Sonora and Authorize the Mayor to Execute the Agreement on Behalf of the City.

BACKGROUND:

The City’s current Fire Chief is set to retire in April 2025. To ensure continuity of leadership and emergency services during the transition, the City is seeking to appoint a qualified interim Fire Chief while recruitment for a permanent replacement is underway.

Gary Carlson has over 28 years of municipal fire service experience, including prior service as a Fire Chief. His extensive background in fire administration, operations, and emergency response makes him well-qualified to support the department during this transition period.

DISCUSSION / ANALYSIS:

The proposed agreement appoints Mr. Carlson as Interim Fire Chief under the status of a CalPERS retired annuitant. This is a temporary, at-will position authorized under Government Code Sections 7522.56 and 21221(h), which allows the City to employ a retiree without reinstatement during recruitment for a permanently vacant position.

Key terms of the agreement include:
 Start Date: Upon Council approval and execution of the agreement (anticipated April 22, 2025)  Hourly Rate: $69.69 per hour (aligned with CalPERS requirements and the City's approved salary range for Fire Chief)
 Maximum Hours: Not to exceed 960 hours in a fiscal year (as per CalPERS regulations)  At-Will Status: The appointment is temporary and may be terminated at any time by either party  No Benefits: Per CalPERS rules, the retired annuitant is not eligible for benefits, incentives, or severance This appointment will help the City maintain operational continuity and leadership during the search for a permanent Fire Chief.
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CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP FISCAL IMPACT:

The cost for this temporary appointment will be funded within the existing Fire Department budget.

ATTACHMENTS:
 Interim Fire Chief Employment Agreement with Gary Carlson CORE COUNCIL PRIORITIES:

Fiscal Responsibility and Stability, Staffing - Salary, Benefits, Training, and Retention 279
Item G.

INTERIM FIRE CHIEF

EMPLOYMENT AGREEMENT-LIMITED TERM RETIRED ANNUITANT
This INTERIM FIRE CHIEF EMPLOYMENT AGREEMENT-LIMITED TERM RETIRED ANNUITANT (“Agreement”) is effective on the ____ day of April 2025 and is made by and between the CITY OF SONORA (“City”), a municipal corporation and GARY CARLSON (“Employee”), an individual. The City and Employee may be referred to individually as a “Party” or collectively as “the Parties.”

R E C I T A L S
WHEREAS, City of Sonora (“City”) desires to hire Employee as a temporary, at-will employee for a definite period of time to serve in the position of Interim Fire Chief for the City of Sonora, California, which is a position that requires specialized skills, and Employee desires to perform and assume responsibility as the Interim Fire Chief on a temporary basis subject to the terms and conditions set forth in this Agreement; and
WHEREAS, the parties wish to have Employee perform the services of Interim Fire Chief, while the City conducts its recruitment for a permanent Fire Chief, and will terminate such services upon the City’s selection and hiring of a permanent Fire Chief; and WHEREAS, the City is actively conducting a recruitment for a permanent Fire Chief; and WHEREAS, Government Code Sections 7522.56 and 21221(h) permit retired annuitants under the California Public Employees’ Retirement System (“CalPERS”) to be employed without reinstatement from retirement upon appointment by a public agency to fill a vacant position on an interim basis during the recruitment to permanently fill the vacant position, if approved by the City Council; and
WHEREAS, Employee has served as a Fire Chief and in various other management positions with over twenty eight years of Municipal experience, and those specialized skills are necessary to support the continuing operations of the City during the recruitment; and WHEREAS, the City wishes to establish the terms and conditions of Employee’s services to the City through this Agreement, in compliance with Government Code section 7522.56 and 21221(h).

NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows:
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A G R E E M E N T

1.0 EMPLOYMENT & DUTIES

1.1 Duties. City hereby employs Employee as Interim Fire Chief for the City to perform the functions and duties of the Fire Chief, as otherwise provided by law, ordinance, or regulation, and such further lawful duties as directed by the City Administrator. Employee shall devote their best efforts and attention to the performance of these duties.

1.2 Work Schedule. Employee’s work hours under this Agreement generally will be limited to normal business hours of the City (Monday through Friday, from 8:00 a.m. to 5:00 p.m.).

Employee will be required to keep accurate time records of his hours worked and be enrolled in the myCalPERS system as a retired annuitant to ensure that he does not exceed 960 hours worked within the fiscal years that occur during the term of this Agreement. In the position of Interim Fire Chief, work before or after normal business hours may be required. Employee is expected to respond to major City emergencies from non-work locations during non-business hours, as needed. Employee shall attempt to flex his hours (starting late or ending early or scheduling time off during the week) so that he does not work over 40 hours in a work week. If Employee determines that work over 40 hours per work week is required, Employee is required to notify the City Administrator, so that the matter may be reviewed as deemed necessary.

1.3 Employment Status. Employee shall serve at the will and pleasure of the City Administrator and understands he is an "at-will" employee subject to summary dismissal without any right of notice or hearing, including any “Skelly” hearing. City may terminate the employment of Employee at any time, as set forth in Section 2.2 below. Employee will not acquire a property interest in the position of Interim Fire Chief. Employee is a temporary employee employed to perform specialized services in accordance with Government Code sections 7522.56 and 21221(h).

2.0 TERM

2.1 Term. This Agreement shall become effective upon the date executed both by Employee and the City Council. Employee shall commence the performance of his duties under this Agreement on April 22, 2025 (“Commencement Date”). This Agreement shall expire as of the first of the following to occur: (i) upon the employment commencement date of a permanent Fire Chief; (ii) upon Employee working 960 hours combined for any CalPERS Agencies during any fiscal year 2025-2026 or 960 hours in any subsequent fiscal year; or (iii) upon termination of the Agreement by either Employee or the City as provided below.

2.2 Termination by City or Employee. The City may terminate this Agreement at any time with or without cause and with or without notice. At the time of termination, Employee shall not be entitled to any pay or benefits, except that which is owed for those hours already worked. Additionally, Employee may terminate this Agreement at any time with or without cause, provided, however, he shall reasonably provide the City with at least two (2) weeks’ advance written notice prior to the effective date of termination, if practicable unless a shorter period is acceptable to the City. 281
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2.3 Transfer of Responsibilities. After a Notice of Resignation or Termination, Employee shall cooperate with the City, as requested by the City Administrator, to effect a transition of Employee’s responsibilities and duties and to ensure that the City is aware of all matters being handled by Employee.

2.4 No Reappointment or Extension of Term. In accordance with state law and the requirements of the PERL, Employee may only be appointed to this position one time (single appointment).

2.5 No Severance Pay. Upon termination, Employee shall not be entitled to severance pay, payment of any benefits, or any other form of compensation, and Employee expressly waives any and all rights with respect to severance pay.

3.0 COMPENSATION AND REIMBURSEMENT

3.1 Compensation and Compensation Cap. For the services rendered pursuant to this Agreement, City agrees to pay Employee as Employee’s sole compensation, the amount of $69.69 per hour, which amount is in conformance with the requirements of Government Code Section 7522.56(d).

The hourly rate is not more than the maximum nor less than the minimum monthly base salary paid to other employees performing comparable duties as listed on the City’s publicly approved pay schedule, reflected as an hourly rate by dividing the monthly base pay of $12,079.60 by 173.333. Because Employee is paid on an hourly basis, and in accordance with the FLSA, if Employee works over 40 hours per workweek, Employee will be paid for additional hours at the legally required overtime rate.

3.2 Social Security and Medicare. Employee shall pay his own required Social Security and Medicare contributions. (Required Social Security and Medicare contributions are currently at

7.65%.)

3.3 Deferred Compensation. If allowed by law, Employee will be authorized to voluntarily participate in Employer’s 457(b) supplemental retirement savings plan, provided, however, that Employer shall not make any contributions thereto.

3.4 No Other Benefits. Employee shall not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation.

3.5 Reimbursable Expenses. Employee shall be entitled to use of City vehicle for travel required in the course of his work, in accordance with City policies for all employees. Employee shall not be entitled to reimbursement for any other costs or expenses incurred in the performance of Employee’s duties under this Agreement unless said job-related costs and expenses have received prior approval by the City Council and are supported by written documentation in accordance with the established policies and customary practices of the City. Employee shall be reimbursed for any pre-approved job-related costs and expenses on a dollar-for-dollar basis. 282
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4.0 CONDITIONS OF EMPLOYEE’S SERVICES AND ACKNOWLEDGMENT OF NO

BENEFITS

4.1 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules.

4.2 Provision of Benefits Prohibited. Employee is a CalPERS retiree and will thus not be enrolled in CalPERS, other than as a retired annuitant solely for administrative recording keeping purposes (Employee will remain in retired status) and will report both the hours worked by Employee and pay pursuant to this Agreement. Employee understands and acknowledges that Government Code Section 21221(h) provides that a retired annuitant appointed to a vacant position pursuant to this subdivision shall not receive any benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate of compensation. Therefore, Employee will receive only the hourly wages described above, unless otherwise required by applicable law

5.0 ANNUITANT’S REPRESENTATIONS AND WARRANTIES

5.1 Employee warrants that he has been retired for service from state service, as defined in the Public Employees’ Retirement Law, for at least 180 days and that he therefore is eligible to be employed as a retired annuitant by the City.

5.2 Employee represents that he is currently not employed by any other CalPERS employer.

5.3 Employee warrants that he has not received any unemployment insurance compensation arising out of prior public employment during the prior 12-month period prior to appointment.

6.0 INDEMNIFICATION

6.1 Indemnification. For the purposes of indemnification and defense of legal actions, Employee shall be considered an employee of the City and entitled to the same rights and subject to the same obligations as are provided for all other employees of the City, as required by the Government Code. Accordingly, to the extent mandated by the Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring within the course and scope of Employee’s services under this Agreement, subject to the exceptions and exclusions provided by law.

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7.0 NOTICES
Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by the United States Postal Service, postage prepaid and addressed as follows:

To City: To Employee:

Melissa Eads
City Administrator
City of Sonora
94 N. Washington Street
Sonora, CA 95370
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

8.0 GENERAL PROVISIONS

8.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee’s employment by City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party.

8.2 Assignment. This Agreement is not assignable by either the City or Employee.

8.3 Severability. In the event any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the Parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be illegal or void are wholly inseparable from the remaining portions of this Agreement.

8.4 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

8.5 Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution. Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Tuolumne County, California. Employee expressly waives any right to remove any such action from Tuolumne County.
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8.6 Effective Date. This Agreement shall become effective April ___, 2025, provided that by such date it has been approved by the City Council and signed by Employee and the Mayor.

8.7 Effect of Agreement on Employee’s CalPERS Retirement Benefits. City and Employee make this Agreement in compliance with applicable law for the hiring of a retired annuitant without reinstatement from retirement. However, the ultimate determination of this matter rests with CalPERS, and as such the City makes no representation on the impact, if any, this Agreement shall or may have upon his CalPERS retirement benefits, status, duties, and/or obligations. Employee acknowledges that in entering into this Agreement, he has not relied upon any such representations (none of which being in existence) in assessing the CalPERS-related impact of his employment. Therefore, Employee releases the City from any and all related claims or liabilities that may arise in connection with his employment pursuant to this Agreement.

8.8 Interpretation. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.

8.9 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

8.10 Independent Legal Advice. City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or has voluntarily chosen not to consult legal counsel, and, City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital.
[Signatures on following page]
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IN WITNESS WHEREOF, the City of Sonora has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate.

CITY OF SONORA
ATTEST:

Dated: ___________________________ __________________________________ Ann Segerstrom
Mayor
_____________________________
Tracy Skelly
City Clerk
APPROVED AS TO FORM:
_____________________________
Douglas White
City Attorney

EMPLOYEE
In signing this Agreement, Employee understands and agrees that he is an at-will, temporary employee and that his rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Sonora which might otherwise apply to classified or other employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement.

Dated: ___________________________ Signed: ____________________________ Employee
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Item G.

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP DATE: April 21, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Tyler Summersett, Community Development Director
SUBJECT: Waive First Reading, Read by Title Only, and Introduce Ordinance No. 904, an Ordinance of the Sonora City Council Amending Chapter 12.16, Use of Sidewalks for Business, of Title 12, Streets and Sidewalks, of the Sonora Municipal Code; and Approve City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines and License Agreement
RECOMMENDATION:

Waive First Reading, Read by Title Only, and Introduce Ordinance No. 904, an Ordinance of the Sonora City Council Amending Chapter 12.16, Use of Sidewalks for Business, of Title 12, Streets and Sidewalks, of the Sonora Municipal Code Establishing Regulations to Allow Limited Dining and Commercial Displays in City Public Rights-of-Way.

Consider Approval of Resolution No. 04-21-2025-A, Adopting the City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines and License Agreement.

BACKGROUND:

On December 2, 2013, Vision Sonora, a collaboration between the City of Sonora (“City”), the California Department of Transportation (“Caltrans”), and Tuolumne County Transportation Council (“TCTC”) was initiated.

Vision Sonora was funded by a grant from Caltrans and awarded to TCTC and sub allocated to the City. The Vision Sonora project was initiated to provide Sonora with a plan for a more vibrant community by directing physical improvements in the City’s right-of-way. Vision Sonora can be viewed at: https://sonoraca.com/vision-sonora/.

Specifically, among other improvements, Vision Sonora proposed:

Creating Downtown Public Spaces – Create a plaza and park on Stewart Street and a network of pedestrian-oriented streets between this plaza and Coffill Park that can be converted into event space. Convert Linoberg Street into a pedestrian-only passageway and gathering space between Green and Stewart Streets. Construct small gathering spaces along Washington including “parklets” that convert two parking spaces into seating/dining areas in front of businesses. Use excess roadway width to create other landscaped seating areas on Washington Street. 287
Item A.

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP The existing Chapter 12.16 of the Sonora Municipal Code does not provide a streamlined mechanism to allow use of public right-of-way for private businesses. Hence, revision to the existing Chapter 12.16 is intended to streamline implementation of Vision Sonora public facility recommendations as well as facilitate business expansion in the City’s Historic Downtown areas.

DISCUSSION / ANALYSIS:

Ordinance No. 904
To implement the Vision Sonora goals, policies and objectives, and to accommodate business demand for outdoor use, which was jump-started by COVID 19 in many smaller communities, the proposed Ordinance incorporates a ministerial approval process for the issuance of encroachment permits in the City’s right-of-way. The encroachment permits would allow private businesses to utilize public rights-of-way for dining, marketing and visual improvements. The proposed Ordinance incorporated the encroachment permit process into the existing Title 12, Streets and Sidewalks, of the Sonora Municipal Code. The Ordinance amends Chapter 12.16, Use of Sidewalks for Business, to allow the Community Development Department (“CDD”) to approve encroachment permits under the specified conditions. Encroachment permits allow the extension of outdoor private commercial uses tied to brick-and-mortar establishments into the City’s right-of-way. The encroachment permit will be issued for a period of one year unless a longer or shorter duration is specified; thereafter, the CDD may renew the permit for additional periods, following review and approval of the operation. If during the renewal review the Community Development Director considers added or revised conditions desirable based on impacts of the initial approval, such new conditions may be imposed upon the renewal or at any time should issues arise with the permit operation.

Allowable outdoor uses include those permitted in the Tourist and Administrative, Commercial, General Commercial, and Planned Development Zones. Use examples include, but are not limited to, display and sale of merchandise, outdoor dining, pop-up shops, art installations/decorations, A-frames/marketing, outdoor music, outdoor landscaping/decorations and similar uses.

The issuance of the encroachment permit will be subject to the City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines, attached with proposed Resolution No. 04-21-2025-X . The City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines provide development standards and design guidelines consistent with Vision Sonora for the establishment of outdoor uses, including parklets.

Encroachment permits will be categorized as one of two types: 1) a standard encroachment permit for businesses wanting to display and sell merchandise where no permanent physical improvements are proposed and where the items are removed daily; or, 2) an encroachment permit for more permanent physical improvements (e.g. seating and dining areas) or a more exclusive use in the City’s right-of-way (either sidewalk and/or street), subject to a license agreement which will outline the cost and conditions associated with an approval. (See Attachment 3 – Draft License Agreement)
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Item A.

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP An encroachment permit application may be denied if the use or design may have deleterious and/or aesthetic impacts not in compliance with the City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines. The Community Development Director’s ministerial approval may also be appealed to the Planning Commission and further appealed to the City Council as provided in the City’s Municipal Code.

The intent of the proposed Ordinance and approval of the proposed Resolution is to provide a streamlined approval process for outdoor uses in the City’s right-of-way while ensuring aesthetic control to ensure that a semblance of design consistency throughout the City’s downtown, particularly the City’s Historic District, is maintained.

Ultimately, the goal of the project is to allow businesses expansion onto the City’s right-of-way while preserving the aesthetic integrity of the City of Sonora consistent with Vision Sonora.

Resolution 04-21-2025-A
City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines The proposed Resolution No. 04-21-2025-A adopts the draft City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines, which provide the standards and design guidelines for which encroachment permits may be issued. The resolution also identifies a license agreement as the tool for more intense use of public rights of way.

Encroachment Permit Application Fees
Staff is also presenting a fee schedule for encroachment permit applications, including application process and use fees. Application fees are intended to cover the direct cost associated with the average staff time for permit review and inspection including review by the Planning Commission, if required. Staff is proposing a fee based upon the average time anticipated to process the application at $60.00 per hour. This fee includes staff time to review the application for completeness, including any design elements associated with fixture improvements in accordance with the City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines. The application fee will be due when a new encroachment permit application is submitted and when renewed. The proposed fee structure includes various types of encroachment permits as reflected in the table below:

Encroachment Permit Rate
Parklet Dining/Street/Right of Way
Encroachment Permit $600.00 application fee; monthly fee up to $1.55 per sq. ft.

Sidewalk Dining/Selling
Encroachment Permit $360.00 application fee; monthly fee up to $1.55 per sq. ft.

Planning Commission Review (Design
Review)
$805.00
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CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP Encroachment Permit Fee
(no physical improvements)
$200.00 application fee
Hourly Administrative Fee $60.00 hr.

The parklet and sidewalk dining encroachment permit includes both the permit processing fee of either $600.00 and $360.00, depending on the requested use, and an annual square foot license rate of $1.55 per square foot.

The Parklet vs. Sidewalk dining fees are differentiated by fixed improvements on the City’s Street vs. sidewalk. For example, a sidewalk dining application of 200 square feet of sidewalk would be calculated at $360.00 for a onetime review of the application and monthly payments of up to $310.00.

A parklet dining encroachment encompassing two 9-foot by 18-foot parking spaces totaling 324 sq. ft. and 200 sq. ft. of City sidewalk use would be calculated at $600.00 for a one-time review of the application plus $812.20 per month at $1.55 per square feet. The license fees will be due monthly. Accordingly, the above example would be charged $812.20 per month or $9,746.40 per year.

The City’s existing encroachment permit fee of $200.00 is adequate for retail businesses where no permanent improvements are proposed, including A-frame signs, landscaping, decorations and other Planning Commission Review
Staff presented this strategy for managing activities in the City’s right-of-way to the Planning Commission on March 31, 2025, so that they could assess consistency with the General Plan and existing Sonora Municipal Code. The Planning Commission made the following findings:

A. The text amendments to chapter 12.16 of the Sonora Municipal Code are consistent with the goals, policies and objectives of the City’s General Plan.

B. The project is in conformity with public convenience, general welfare and good land use practice.

C. The project will not be detrimental to the health, safety and general welfare.

D. The project will not adversely affect the orderly development of property or the preservation of property values.

E. The project is in compliance with the California Environmental Quality Act (CEQA) and is exempt from further review.

One of the discussions the Planning Commission had was a sensitivity to the fees being proposed, the concern being if the fees were perceived to be too much by downtown businesses, they might decide to stop offering outdoor dining and withdraw landscaping and other exterior decorations. Commissioners recognize the need for the City to cover its costs and is supportive of recouping staff time and ultimately voted unanimously in favor of the item.
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CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP LICENSE AGREEMENT(S):

For those businesses desiring an encroachment permit with fixed (semi-permanent) improvements such as outdoor dining, a License Agreement may be required at the discretion of the Community Development Department. The License Agreement provides requirements for liability insurance, indemnity, license rates, responsibility for sidewalk maintenance, etc. and will be required to be executed by the applicant and CDD Director/City Administrator concurrently with the issuance of an encroachment permit.

EXISTING OUTDOOR SEATING FACILITIES:

Once new standards are adopted as part of the Outdoor Use Encroachment Permit Development Standards and Design Guidelines, existing activities in the City right-of-way will need to bring their operations into compliance.

Staff recommends a transitionary period of 45 days to allow existing outdoor sidewalk activities time to apply for an encroachment permit.

CALTRANS- HIGHWAY 49 / WASHINGTON St:

Early in the ordinance update, staff discussed the project with Caltransregarding potential encroachments on State Highway 49. The discussion and conclusions were:
 As a matter of policy, Caltrans does not allow private use of their public right-of-way for individual businesses.

Hence, no encroachment permits will be issued to private businesses by Caltrans.  The City could request relinquishment and take ownership of all or various segments of Caltrans right-of-way provided the right-of-way is not diminished for Caltrans transportation purposes. The City would have to undertake maintenance and responsibility for those segments of right-of-way relinquished by Caltrans.  If obtained, the City could incorporate right-of-way segments into the City’s Encroachment Permit Processes for private outdoor use purposes.

To date, staff’s focus has been coordinating with Caltrans in making improvements to the Caltrans rights-of-ways consistent with Vision Sonora as part of a State Highway Operations and Pavement Protection (SHOPP) funded effort referred to as the “Anchor” project. This project is planning comprehensive improvements for State Route 49 from Jamestown through Sonora’s downtown.

The proposed modifications to Chapter 12.16 of the Sonora Municipal Code and the City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines apply to the City’s public rights-of-way and do not apply to State Highway 49.
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Item A.

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP ENVIRONMENTAL:

The project qualifies for a “common sense” exemption in accordance with Section 151061 (b)(3) of the California Environmental Quality Act (CEQA) and Guidelines. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

A Notice of Exemption will be filed with the County Recorder’s Office upon approval of the project.

FISCAL IMPACT:

The City’s administrative costs are expected to be offset by the encroachment permit fees.

ATTACHMENTS:
 Ordinance No. 904
 Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines  Resolution 04-21-2025-A
 License Agreement
CORE COUNCIL PRIORITIES:

Fiscal Responsibility and Stability, Economic Development/Growth and General Plan 292
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THE CITY COUNCIL

OF THE CITY OF SONORA
ORDINANCE NO. 904

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONORA REPEALING AND REPLACING CHAPTER 12.16, USE OF SIDEWALKS FOR BUSINESS, OF TITLE 12, STREETS AND SIDEWALKS, OF THE SONORA MUNICIPAL CODE TO REVISE REGULATIONS FOR USE OF THE CITY’S PUBLIC RIGHT-OF-WAY.

WHEREAS, the City of Sonora (the “City”) adopted Title 12 of the Sonora Municipal Code to allow use of public sidewalks for private use subject to certain requirements; and WHEREAS, the City recognizes that outdoor uses such as dining within the City right-ofway pose special issues of equitable use of public space and community health and safety concerns and therefore warrant additional permitting to ensure continued public use within health and safety provisions; and,
WHEREAS, on December 2, 2013, the City of Sonora adopted the Vision Sonora plan which, among other goals, aims to create downtown public spaces and networks of pedestrian oriented streets that can be connected to event spaces; and WHEREAS, event spaces include the construction of small gathering spaces including “parklets” that may convert parking spaces into seating/dining areas in front of business; and WHEREAS, parklets and outdoor use areas create more space for pedestrian activity and increase foot traffic and revenue for local businesses, especially those that offer outdoor dining; and
WHEREAS, parklets and outdoor use areas provide aesthetic elements to the streetscape and improve the overall quality of life for Sonora residents and tourists; and WHEREAS, based upon the economic benefits and additional sales tax to be generated with the expansion of business with outdoor dining and retail display space, a streamlined permitting process is necessary to facilitate the goals and objectives of Vision of Sonora; and WHEREAS, the City derives significant revenue from the collection of sales tax, which enables the City to provide critical services; and
WHEREAS, the City wants to ensure long-term financial viability and facilitate economic development and tourism; and
WHEREAS, the City recognizes the importance of the tourism industry to the City due to its scenic beauty, rich Gold Rush History, and proximity to Yosemite National Park; and 293
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WHEREAS, this Ordinance is consistent with the actions, goals, objectives, policies, and programs of the City of Sonora General Plan and incorporating provisions to allow permanent outdoor uses, such as dining in the public right-of-way, responds to the preference of the community while protecting residents from safety hazards and maintaining a standard consistent with existing aesthetics.

NOW, THEREFORE, THE CITY OF SONORA CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENT. Chapter 12.16, Use of Sidewalks for Business, of Title 12, Streets and Sidewalks, of the Sonora Municipal Code shall be amended to read as follows:

Chapter 12.16
Use of Sidewalks
Sections:

12.16.010 Purpose and Intent .

12.16.015 Definitions.

12.16.020 Width of Sidewalk; Pedestrian Traffic.

12.16.030 Space for Pedestrian Traffic Required.

12.16.040 Removal of Display by Chief of Police.

12.16.050 Liability Insurance.

12.16.060 Merchant Required to Clean Sidewalk.

12.16.070 Review Process

12.16.080 Encroachment Permit.

12.16.090 License Terms and Renewal

12.16.100 Enforcement
NOTES
For statutory provisions authorizing cities to prevent encroachment and obstruction of city streets, see Gov. Code § 38775.

12.16.010 Purpose and Intent
The purpose of this chapter is to establish regulations allowing limited dining and commercial displays to encroach into the public right-of-way as an ancillary component of an adjacent primary business which is located on private property. It is intended that such outdoor dining and displays shall not unduly restrict public access or utilize a design that detracts from the image and appearance of the surrounding area.

Upon approval of an encroachment permit application, the merchants of the City may use the sidewalks of the City as provided and regulated in accordance with the City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines adopted by Resolution.

Right-of-way and parklet uses include those permitted in the Tourist and Administrative, Commercial, General Commercial, and Planned Development zones. Examples include, but are not limited to, display, sale of merchandise, outdoor dining, pop-up shops, A-frames, 294
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decorations, art installations, outdoor music, outdoor landscape planters, commodities for sale, and similar uses. Each place of business displaying and selling in front of the business, shall comply with the City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines y, and such further rules and regulations as may be made by the City Council for the protection of the public by resolution, from time to time. (Ord. 339 § 1(b), 1964.)

12.16.015 Definitions.

For the purposes of this Chapter, the following words or phrases shall have the following meanings:

1. “Qualifying Business” means any business establishment that will operate both indoors and outdoors in compliance with local and State regulations.

2. “Encroachment” means the temporary or permanent nonexclusive use of a public rightof-way in such a manner as to prevent, obstruct, or interfere with its normal use as a vehicular and pedestrian way, or to impair safe sight distances for the operation of motor vehicles.

3. “Encroachment Permit” means any permit issued by the Community Development Director to a qualifying business operating in the building adjacent to the public right-ofway where services are occurring.

4. “Parklet” means a fixed encroachment place in the curbside parking space that is used principally for commercial activity under an encroachment permit during business hours.

5. “Public right-of-way” means the surface of and the space above and below any street, road, highway, freeway, bridge, lane, path, alley, court, sidewalk, parkway, drive, or rightof-way or easement primarily dedicated to travel, now or hereafter existing within the City.

12.16.020 Encroachment Permit
A. An encroachment permit must be obtained from the City before any encroachment may occur on a City public right-of-way.

B. When filing an application for an encroachment permit, a non-refundable fee shall be paid for the purpose of defraying the costs incidental to processing the application. Monthly license fees shall also apply to approved encroachment permits for parklet or sidewalk dining.

The fees shall be established by City Council resolution.

C. The encroachment permit is valid for a period of one year unless a longer duration is specified in a separate agreement. Thereafter, the Community Development Director may renew the permit for additional periods following review. If the Community Development Director considers added or revised conditions desirable, such new conditions may be imposed on the 295
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renewed encroachment permit. The City reserves the right to temporarily suspend any encroachment permit issued under this chapter because of anticipated or actual conflicts in the use of sidewalk areas due to street repairs, parades, festivals, and other similar events.

D. Any encroachment permit issued pursuant to this chapter is non-transferable. Only the qualifying business for which the encroachment permit was issued shall be permitted to operate under the encroachment permit.

E. Encroachment permits issued under this chapter are subject to the provisions of this chapter, any resolutions specified in this chapter, and the conditions set forth in the encroachment permit.

12.16.030 Width Of Sidewalk; Pedestrian Traffic
No more than one-third the width of the sidewalk shall be utilized for display and sale of merchandise on any City sidewalk. No more than one half of the sidewalk shall be utilized for outdoor dining on any City sidewalk, where at least 8 feet exists between face of curb and storefront. There shall be left at all times at least four feet of width of such sidewalk for use by pedestrian traffic; provided, that, if any such sidewalk is at any place five feet or less in width, no part of such sidewalk shall be used for any display or sale of merchandise, or be obstructed in any other manner as prohibited in Chapter 8.20, Nuisances, of this Code. At all times, adequate space shall be left in the sidewalk area at any place of business for pedestrian travel on such sidewalk so that pedestrians are not forced to walk on the street for lack of sidewalk space for pedestrian traffic.
(Ord. 339 § 1(c), 1964.)

12.16.040 Removal Of Display By Chief Of Police
If, at any time, in the judgment of the Community Development Director, and/or Chief of police, there is not enough space on such sidewalk for the number and volume of pedestrian traffic thereon due to the presence of display of merchandise on such sidewalk, the Community Development Director and/or Chief of police will forthwith cause the removal of sufficient or all of such display of merchandise and business fixtures or furniture used therefor to make adequate space for such pedestrian travel on any such sidewalk.
(Ord. 339 § 1(e), 1964.)

12.16.050 Liability Insurance Requirements
A. The permittee shall be responsible for any and all claims and liabilities for damages caused by any use permitted in this chapter or caused by permittee's failure to perform their obligations under the encroachment permit. In the event any such claim or liability for damages is made against or imposed upon the City or any department, officer, employee, volunteer, or agent thereof, the permittee shall, by acceptance of the encroachment permit, agree to defend, indemnify and hold each of them harmless from any such claim or liability.

The permittee must, at permittee’s expense, provide and keep in force during the life of the encroachment permit a policy of comprehensive general liability and worker's compensation insurance, as well as the necessary endorsements specified by the City, in the amounts specified in the encroachment permit. Permittee’s insurance must provide coverage for personal injury, 296
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including accidental death, as well as liability for property damage, which may arise in any way out of the exercise of the rights granted by the encroachment permit.

The policy of insurance shall name the City, its agents, officers, employees, and volunteers as additional insureds and shall be in an amount to be determined by the City based upon the nature and extent of liability exposure to the City, its officers, agents, employees, and volunteers after evaluating the nature and extent of the use pursuant to the encroachment permit granted under this chapter.

B. The policy of insurance so provided shall contain a contractual liability endorsement covering the liability assumed by the permittee by the terms of the encroachment permit and shall contain a provision that such policy may not be cancelled except after ten days' notice in writing to the Community Development Director.

1. C. A copy of the policy or certificate of insurance evidencing the insurance coverage shall be filed with the City Clerk.
(Ord. 339 § 1(f), 1964.)

12.16.060 Requirement To Clean Right-of-Way
All refuse, waste, litter and garbage occasioned by or resulting from the use of a City right-of-way pursuant to an encroachment permit under this chapter shall be cleaned up by the permittee daily.
(Ord. 339 § 1(h), 1964.)

12.16.070 Review process.

A. Review Authority.

1. The Community Development Director shall consider any application submitted for an encroachment permit under this chapter and may approve or deny the application in accordance with the City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines. The Community Development Director may issue an encroachment permit on any terms the Community Development Director deems necessary to protect public health, safety, and welfare. Applications for a Parklet will have a more significant impact on the aesthetics of the community and shall be initially reviewed and approved by the Planning Commission. Applications should include a diagram or illustration of the proposed use of City right of way with sufficient detail for the Community Development Director to determine the proposed encroachment is consistent with design guidelines and this ordinance. Submittals, at a minimum, should identify the sidewalk width in front of the business, proposed improvements with length and widths, any existing barriers such as City placed benches or trash cans or posts supporting a second story balcony/floor. The submittal needs to indicate whether the request is for daily removal of 297
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the items placed in City right or way or are to remain for the duration of the encroachment period. If multiple designs are proposed throughout the year, this should be stipulated.

B. Conditions of Approval. Any approved encroachment permit may impose reasonable conditions of approval to ensure that outdoor dining and display areas operate in a manner that is not detrimental to the public health, safety and welfare; are consistent with all applicable codes, policies and Outdoor Use Encroachment Permit Development Standards and Guidelines; and enhance the image, appearance and vitality of the area in which the use is located. This includes but is not limited to authority to regulate the design, layout, materials, colors, quality and appearance of outside dining and display areas; to require security deposits, insurance and other reasonable financial guarantees; and to prescribe operating terms which the permittee must follow.

C. Appeal.

1. The decision of the Community Development Director may be appealed to the Planning Commission.

2. The decision of the Planning Commission may be appealed to the City Council.

3. The above decisions must be appealed in writing to the City Clerk’s Office within 10 days after the decision is made.

D. Fees. When requesting an appeal, a non-refundable fee shall be paid for the purpose of defraying the costs incidental to the proceedings. The fees shall be determined by the City Council and adopted by resolution which may be amended from time to time.

12.16.090. License Terms and Renewal.

A license agreement for outdoor dining or public right of way use may be required subject to the approval of the City Administrator.

12.16.100 Enforcement.

A. Penalties. Any violation of this chapter will be administered in accordance with Chapter

1.08.010 of the Sonora Municipal Code. In addition, the City may seek civil remedies for any violation including, but not limited to, the recovery of reasonable costs for the enforcement and correction of the violation.

B. Revocation. Violation of any of provisions of this chapter, the standards in this code, or any of the conditions imposed under Chapter 1.08.10 shall be grounds for revocation of the encroachment permit.

SECTION 2. SEVERABILITY. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent 298
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jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof and shall continue to be in full force and effect.

SECTION 3. PUBLICATION AND EFFECTIVE DATE. This ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least within fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least within fifteen (15) days after its passage.

SECTION 4. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL. This Ordinance was introduced at a regular meeting of the City Council held on April 21, 2025, and passed and adopted as Ordinance No. 904 at a regular meeting of the City Council held on April 5, 2025, by the following vote:

AYES: ________________________________
NOES: _______________________________

ABSENT OR ABSTAIN: ___________________

____________________________________
Ann Segerstrom, Mayor City of Sonora
ATTEST: _________________________________
Tracy Skelly, City Clerk, City of Sonora
Approved as to Form:
__________________________________
Douglas L. White, City Attorney
Publish: The Union Democrat, Sonora
____________________, 2025
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City of Sonora
1 City of Sonora Outdoor Use Encroachment
Permit Development Standards and Design
Guidelines
Adopted by the City Council on XX/XX/XXXX (Resolution No. XXXXXX) 300
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City of Sonora
2 Contents
Background .................................................................................................................3 Purpose.......................................................................................................................4 Commercial Encroachments and Parklets...................................................................4 Program Goals.............................................................................................................5 Enhance Pedestrian Enjoyment...............................................................................5 Support Restaurants, Small Businesses and Active, Social Streets ............................5 Development Standards...........................................................................................6 Location ......................................................................................................................6 Accessibility................................................................................................................8 Traffic Safety (Parklets)................................................................................................9 Platforms / Structures (Parklets) ...............................................................................10 Design Guidelines ..................................................................................................11 Furniture and Seating ................................................................................................11 Heating......................................................................................................................12 Shade........................................................................................................................12 Lighting .....................................................................................................................13 Signage......................................................................................................................14 Operation ..............................................................................................................15 Maintenance .............................................................................................................15 Dining and Alcohol ....................................................................................................15 Other requirements...................................................................................................16 Outdoor Music/Performances/Speakers ...................................................................17 Administration .......................................................................................................18 Permit Procedures.....................................................................................................18 Encroachment Permit:..........................................................................................18 Building Permit: ...................................................................................................18 Long Term use of public space Policy.........................................................................18 Penalties for noncompliance.....................................................................................18 301
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3 Introduction
Background
On December 2, 2013, Vision Sonora, a collaboration between the City of Sonora (“City”), the California Department of Transportation (“Caltrans”), and the Tuolumne County Transportation Council, was adopted by the Tuolumne County Transportation Council. Funded by a grant from Caltrans awarded to the Tuolumne County Transportation Council and sub-allocated to the City, the Vision Sonora project was initiated to provide the City with a plan for a more vibrant community by directing physical improvements in the City’s right-of-way.

Vision Sonora provides public facility recommendations to facilitate business expansion in the City’s Historic Downtown areas. To this end, the Vision Sonora plan includes the following goals, policies and objectives:
• Strengthen Sonora’s Identity History – Improve gateways and corridors to enhance Sonora’s unique character and sense of history.
• Attract and Welcome Visitors – Improve tourism marketing strategies and provide more information for visitors.
• Create Places to Enjoy – Create new public spaces as well as several smaller gathering spaces and pedestrian streets.
• Boost Downtown Appeal and Commerce – Increase pedestrian activity in historic downtown core through streetscape improvements and new public spaces. • Enable Pedestrian and Bicycle Travel – Create better connections for walking and biking, as well as a better pedestrian environment.
• Take Care of Locals – Tourism, Local Economy, & Community – Create a better quality of life for Sonora’s residents by strengthening the economy, providing for resident health and well-being promoting use of the historic downtown core, and encouraging local arts and culture.

To implement Vision Sonora goals, policies and objectives, and to accommodate business demand for outdoor use, a ministerial approval process for the issuance of encroachment permits in the City’s right-of-way for fronting private businesses has been established. 302
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4 Purpose
This document provides development standards and design guidelines consistent with Vision Sonora for the establishment of outdoor uses including parklets, thereby allowing the extension of outdoor private commercial uses tied to brick-and-mortar establishments into the City’s right-of-way. Right-of-way uses include those permitted in the Tourist and Administrative, Commercial, General Commercial and Planned Development Zone Districts. Examples include but are not limited to outdoor dining, commercial display, pop up shops, art installations, outdoor music, outdoor landscape planters, commodities for sale, and similar uses.

Commercial Encroachments and Parklets
Commercial encroachments are any commercial use of the public right-of-way. These can include but are not limited to display of merchandise, sidewalk sales, and outdoor dining areas.

The following definitions will apply in the interpretation of these City of Sonora Outdoor Use Encroachment Permit Development Standards and Design
Guidelines (“Design Guidelines”):
“Outdoor dining” is defined as a use of an adjacent,
outside area by a food or beverage establishment for the same eating and drinking activities that occur within the establishment. The outdoor dining area may be located in the public right-of-way in accordance with these
guidelines.
“Outdoor display area” is defined as the area in which
goods are placed outside a building for display or sale purposes, and in conjunction with permanent
commercial uses located inside adjacent buildings.

The display area may be located in the public right-ofway or on private property in accordance with these guidelines.

Commercial encroachments like these are not
complex and do not typically require the construction of barriers or platforms.
“Parklets” are outdoor seating and use areas and associated facilities (often temporary) that extend into the public street and may be placed on a deck and include an enclosure. They Example of sidewalk Outdoor Dining
Example of “Outdoor Display”
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5 are typically used for additional seating for restaurants and similar outdoor uses. A request for a parklet will need to be presented to and approved by the City of Sonora Planning Commission initially. Parklets intersect with street traffic and can be more complex due to the need for traffic barriers and platform structures. This type of improvement may also require a License Agreement with the City.

When located in the public right-of-way,
commercial encroachments require an
encroachment permit issued by the City’s
Community Development Department,
before their establishment. When they are
located on private property, no
encroachment permit will be required;
however, the facilities shall comply with
these Design Guidelines.

Outdoor Use Encroachment
Permit Program Goals
Enhance Pedestrian Enjoyment
By providing aesthetically pleasing and accessible seating and gathering spaces, the Outdoor Use Encroachment Permit Program seeks to make the City’s commercial districts more business, pedestrian-friendly and enjoyable. The use of the City’s right-of-way and establishment of parklets will add to the City’s already vibrant community spaces by offering shaded seating, landscaping, and on-street dining.

Support Restaurants, Small Businesses and Active, Social Streets The private use of the City’s right-of-way and establishment of parklets may include the elimination of existing parking. By converting
parking spaces into outdoor seating areas,
parklets offer additional dining, retail and social
spaces, which can attract more customers and
increase business visibility. The expansion of
usable space is particularly valuable for small
businesses that rely on foot traffic. The Outdoor
Use Encroachment Permit Program aims to
improve the City’s public spaces for all by
Encroachments such as A-frame signs, tables, chairs, and landscaping affixed to the right-of-way requires an Encroachment Permit.

Example of Outdoor Dining Spaces
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6 establishing public/private partnerships for the City’s restaurants, taprooms, breweries and small businesses.

Development Standards
This section details the specific rules and regulations that all right-of-way and parklet uses shall comply with to contribute positively to the public realm. These standards include key aspects such as location, traffic safety, and accessibility. By following these standards, the City can create right-of-way and parklet uses that are not only visually appealing but also safe and accessible for all community members.

Location

1. Commercial encroachment uses shall be
located directly fronting or adjacent to the
commercial establishment it serves, as
shown. Encroachments are not allowed to
use the frontage of adjacent storefronts to
expand their territory. Encroachments
shared with adjacent businesses may be
filed through a joint application and will be
considered on a case-by-case basis. The
shared encroachment area cannot exceed the
frontage of the combined businesses. Parklets may be located in parking spaces directly fronting the retail businesses they
serve.

2. No more than one-third the width of the sidewalk
shall be utilized for display and sale of
merchandise on any City sidewalk. No more than
one half of the sidewalk shall be utilized for
outdoor dining on any City sidewalk, where at
least 8 feet exists between face of curb and
storefront. There shall be left at all times at least
four feet of width of such sidewalk for use by
pedestrian traffic; provided, that, if any such sidewalk is at any place five feet or less in width, no part of such sidewalk shall be used for any display or sale of merchandise, or be obstructed in any other manner.

3. A single-space parklet may not exceed more than 18 feet of curb length. A single business may not occupy more than two on-street parking spaces or 36 feet. Parklet Example of adjoining/fronting use with Permitted
Outdoor Dining Structure (PODS)/Parklet.

Example of outdoor display exceeding 80% of
store frontage and sidewalk.
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7 annual fees for the rental of these spaces are based on single space dimensions of nine feet by eighteen feet and will be adjusted accordingly should a larger parklet be proposed.

4. Parklets shall be limited to public streets with a posted limit of 25 miles per hour or less, except where curved street sections with limited visibility exist. In these instances an improvement will not be considered safe and therefore not viable.

5. Commercial encroachment uses shall be located no closer than 3 feet from all surface utilities including man-holes, water meters, water valve covers, underground vaults, and fire hydrants.

6. Commercial encroachments and parklets shall not block or restrict access to Citymaintained street trees.

7. Parklets shall not be located in Americans with Disabilities Act (ADA) accessible parking spaces or their loading zones.

8. Where parking spaces are not delineated, the parklet may extend the length of the business frontage up to a maximum of 40 feet.

9. No more than one-third the
width of the sidewalk may be
utilized for display and sale
of merchandise on any city
sidewalk.

10. All outdoor displays shall be
placed so as not to obstruct
business entrances,
pedestrian pathways and
driveways.

11. Outdoor displays shall be
placed so that the clear
sidewalk space for passage
of pedestrians is at least four
feet.

12. Outdoor displays shall be placed so as to not interfere with the reasonable use of storefront windows for display purposes by adjacent businesses.

13. Outdoor displays shall not unreasonably obstruct the visibility of other businesses.

14. Outdoor displays shall not create a vehicle or pedestrian hazard.

15. All outdoor displays shall be limited to artwork and pottery, flowers and plants, general merchandise related to the adjoining business or other items which are determined by the Community Development Director to be consistent with the intent of these Encroachment Permit Standards and Guidelines.
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8 16. All outdoor displays shall be maintained in a clean, neat and attractive condition, and in good repair at all times.

17. Outdoor displays shall not include signage or contain advertising materials unless specifically allowed
herein.

18. Outdoor displays shall be limited to the hours of
operation of the originating business.

19. Outdoor displays shall be limited to no more than
one-third the width of the sidewalk shall be utilized
for display and sale of merchandise on any City sidewalk. No more than one half of the sidewalk shall be utilized for outdoor dining on any City sidewalk, where at least 8 feet exists between face of curb and storefront. There shall be left at all times at least four feet of width of such sidewalk for use by pedestrian traffic; provided, that, if any such sidewalk is at any place five feet or less in width, no part of such sidewalk shall be used for any display or sale of merchandise or be obstructed in any other manner. Only one outdoor display is permitted for each business.

20. The design and configuration of outdoor displays shall be attractive, compatible with the architecture of the building and incorporate themes, colors, and materials that are consistent with the standards herein.

Accessibility

1. All parklets and commercial encroachment accessibility features shall meet the relevant federal, state, and local accessibility laws, including the California Building Code and the Americans with Disabilities Act.

2. Parklets and other commercial
encroachments shall not block sidewalk
access or required accessible paths of travel as
required under the California Building Code.

Seating enclosures on private parking lots
and/or in shopping centers shall not block or
encroach upon drive aisles.

3. The ADA accessible path of travel shall connect
the sidewalk to an accessible entry, platform
surface, wheelchair turning space, and wheelchair resting space.

4. Accessible entry routes to parklet or other commercial encroachment shall be a minimum of 48 inches wide.

Example of A-Frame potentially infringing on
path of travel.

Example of un-maintained landscaping
planter box which has attracted
cigarette butts.
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City of Sonora
9 5. The top of a parklet platform shall be flush with the sidewalk grade. A cover, expansion joint, or other type of connector between the parklet surface and curb may also be required, if necessary, to provide a safe transition surface.

Traffic Safety (Parklets)
This section applies to parklets and similar structures that would use a City parking space.

This section does not apply to commercial encroachments limited to use of the City sidewalk.

1. Parklets shall provide a buffer between users and the adjacent traffic lane. This may take the form of planters, railings, cabling, or another appropriate buffer that is structurally fortified to meet the approval of these Design Guidelines.

2. Parklets shall be subject to structural standards to ensure a minimum level of crash safety, which shall be either incorporated into the parklet design or provided by using crash barriers. If crash barriers are used, they shall be either positioned on the inside of the enclosure and subsequently screened from view with a solid enclosure or just outside the wall. If placed outside the parklet, the barrier should be enclosed within a wooden box structure built around it. Potted plants or a planter box shall be placed on top of the box.

3. Traffic barricades weighing a minimum of 1,000 pounds shall be placed at the ends of the parklet and parallel to the driving lane where oncoming traffic enters. Examples of traffic barricades include but are not limited to bollards placed on the platform, planters meeting the weight requirement, concrete barricades, etc. that comply with the California Manual on Uniform Traffic Control Devices guidelines.

4. Parklets shall not protrude, cantilever, or otherwise encroach within the adjacent travel lane or bicycle lane.

5. All Parklets shall maintain the following minimum setbacks to ensure traffic safety, emergency access, and access for services.
a. 20-foot setback from any street corner.
b. 18-inch separation from Class 2 (Striped) bicycle lanes. c. 15-foot setback from the centerline of the street.
d. 10-foot setback from driveways.
e. For Parallel parking spaces:
i. Parking wheel stops shall be placed four feet from the end of each side of the parklet and shall be affixed to the road surface. ii. Reflective, flexible post delineators shall be placed two feet from each of the parklet’s streetside corners.
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10 f. The City Engineer may require specific barrier placement and materials based on traffic volume and road conditions determined through the application review process. The City Engineer may also provide variances from the distances provided herein based on characteristics of the specific application submitted for review.

Platforms / Structures (Parklets)
The standards for platforms and structures only apply to commercial encroachments proposing to build a parklet or similar structure, where topography demands for ADA compliance. Other encroachments such as outdoor sales and dining areas are not required to adhere to these guidelines.

1. Parklets shall be built with materials that are consistent with the architectural style of the surrounding area. Designs should reflect a gold rush architectural style. Where appropriate, parklets should incorporate materials and styles consistent with the adjacent building façade.

2. Parklets shall be designed so as not to negatively impact existing street drainage.

Water shall be able to flow freely off the street surface and along any existing gutter.

3. Parklets shall not be permanently affixed to the right-of-way in any manner. Bolting or anchoring the enclosure to the roadway, curb, gutter, or sidewalk is prohibited.

4. Parklet railings or fence panels shall be visually “permeable” with a maximum height of 42-inches and a minimum height of 36 inches.

5. Poles, canopy supports, or roofs may not exceed eight feet in height above grade.

6. The platform surface shall be built of materials that prevent mold and allow easy access to the space underneath the platform surface, which shall be accessible for maintenance through access panels, removable flooring, or other methods.

7. Public spaces including parklets shall incorporate soft scape features including planter boxes and pots into the public space and parklet design.

8. For shopping centers on private property, an encroachment permit is not required.

However, improvements within the public spaces and parklet designs shall be consistent with these Design Guidelines and the architectural character of the center they are located in.
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City of Sonora
11 Design Principles
This section outlines the design principles for the physical improvements and structures within the City’s right-of-way. These improvements include but are not limited to: outdoor furniture and seating; shades and umbrellas; lighting; heating facilities and signage. By adhering to these design principles, the City aims to create aesthetically pleasing public spaces that reflect the City’s historic
charm while providing functional and
inviting spaces for the community.

Furniture and Seating

1. Commercial encroachments may include permanent and/or moveable seating.

2. No televisions will be allowed
within commercial
encroachments.

3. All furniture shall be durable
and of sufficiently sturdy
construction so as not to blow
over in the wind.

4. All furniture and fixtures shall be maintained in good visual appearance, without visible dents, tears, corrosion, fading, or
chipped or peeling paint.

5. Tables and chairs may be a dark or earth-tone
color, or a natural unpainted material such as
wood or metal.

6. No bright colored or white plastic chairs or
tables are permitted.

7. Upholstered furniture is permitted but may
not have any fluorescent or strikingly bright or
vivid colors.

8. All chairs used within a single commercial encroachment shall have a visually similar design, construction, and color.

9. Requests for outdoor speakers will be evaluated as part of an encroachment application but need to be associated with outdoor dining or other approved activity.

Examples of Preferred Seating Types
Examples of Prohibited Seating Types
Example of approved seating and planters.
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City of Sonora
12 Heating

1. Heating devices shall be limited to propane
heaters with automatic fall shut-off protection.

Electrical/open flame heating units are
prohibited.

2. Propane tanks shall be secured, used, and
stored in a manner approved by the City Fire
Department.

Shade

1. Tents and other temporary shade structures are
not permitted.

2. Any fabric, membrane shade, or other weather protection, including umbrellas, shall be constructed of fire-resistant materials and stamped with the California State Fire Marshal seal.

3. Portable umbrellas are
permitted in outdoor spaces
provided they do not obstruct
the public right-of-way or
walkway, subject to the
following requirements.
a. Umbrellas shall be free of advertising and
product names, wording, logos, drawings, or similar identifying characteristics.
b. Umbrella fabric shall be of
one solid color and shall not
have fluorescent or other
strikingly bright or vivid
color.
c. Umbrella fabric shall be
canvas type and suitable for
outdoor use.
d. All parts of any umbrella shall be contained entirely within the outdoor use or parklet.
e. When extended, the umbrella shall measure at least 7 feet above the surface of the outdoor use or parklet area.

Preferred Umbrella Types
Restricted Umbrella types
Preferred heating unit types
Prohibited heating unit types
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City of Sonora
13 f. Umbrellas shall have a maximum height of 10 feet above the surface of the outdoor use or parklet area in order not to cause visual barriers to nearby businesses.

Lighting

1. Lighting is required for outdoor dining areas where food will be served during the evening hours. The
lighting fixtures shall
be decorative and
complement the
architectural
character of the
building and area.

Lights mounted on the
building shall not
cause direct glare or
other visual obstruction to pedestrians or vehicle drivers along the street and public walkway and shall illuminate only the sidewalk area.

2. All lighting elements shall be properly rated for outdoor use.

3. Solar or battery powered lighting is recommended due to ease of installation and use.

4. Moveable solar and battery powered lights such as tabletop lights are permitted so long as they are secured outside of operating hours. No open flame devices are permitted.

5. Electrical connections will be allowed if the connections meet all National Electrical Code (NEC) requirements and do
not negatively affect the aesthetic
appearance of the public space or
parklet.

6. All lighting shall be securely hung
over the public space or parklet
area or affixed to railings. No lighting
is permitted to extend over the sidewalk or street unless otherwise approved by the City.

7. Lighting shall not be permitted to cast directly into vehicular or pedestrian traffic or otherwise interfere with vehicular traffic.

8. No open flame lighting such as torches, candles, or lanterns are permitted.

Preferred lighting types
Prohibited lighting types
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City of Sonora
14 Signage

1. Signage shall comply
with the provisions of the
City’s zoning ordinance
(Sonora Municipal Code
Section 15.28 ). No extra
or additional signage is
permitted solely as a
result of having a permitted outdoor space or parklet.

2. Temporary signage such as A-frame signs and banner signs as shown shall not be permitted.

3. Signage shall be
designed to
complement the
design of the outdoor
seating area or Parklet
and shall not be
made of vibrant or
bright colored
materials.

4. Outdoor seating
areas, dining
areas, and
parklets shall
have at least one
prominent “No Smoking” sign.

Preferred Signage Types
Prohibited Signage Types
Examples of approved A-Frame Signs and Sign Locations.
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City of Sonora
15 Operation
Maintenance

1. All commercial encroachments shall be maintained
in a clean and orderly fashion. Daily removal of
garbage and debris, cleaning of flooring, surfaces,
and rails are required.

2. At least one permanent trash receptacle shall be
maintained and serviced in the outdoor space or
parklet.

3. Patrons of the outdoor spaces or parklet shall not be permitted to sit on the parklet railings or edges nor
balance food or drinks on railings or edges.

4. Securing furniture and other moveable items at night is required.

5. Smoking is prohibited within outdoor spaces and parklets.

6. Use of outdoor spaces and parklets shall be consistent with the regular hours of operation for the business they are associated with and in no event shall operate past 10 p.m.

7. Parklets shall be closed or gated when not in use.

8. Street maintenance, paving, resurfacing, utility undergrounding, or related work is periodically required of the City. In such
instances, the Parklet’s operator shall be
required to remove the enclosure at their
own expense until the work is complete.

9. Parklets shall be maintained so as not to
restrict access to solid waste collection. No
garbage receptacles or garbage shall be
allowed in the public right-of-way or placed
in locations that may impact neighboring
businesses.

10. Parklets shall be maintained so leaf litter and other debris do not gather and obstruct the flow of water against or under the parklet.

Dining and Alcohol

1. A sign shall be posted in a conspicuous place at the entrance and exit of the parklet onto any public areas, saying “NO ALCOHOLIC BEVERAGES PAST THIS POINT.” Example of un-maintained landscaping
planter box.

Example of approved trash receptacle, bench and AFrame Sign design and location. 314
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City of Sonora
16 2. Borders shall be placed between outdoor seating areas and public space to provide separation between alcohol service areas and public areas.

3. When alcohol service is available, an employee shall monitor activity within the outdoor use or parklet area on a regular basis, but no less than once every thirty (30) minutes.

4. Operators shall obtain the appropriate license from the State Department of Alcohol Beverage Control (ABC) prior to serving.

5. Outdoor food preparation including barbecues, hot pot, grills, hot plates, open flame cooking, and heating of food is prohibited in outdoor spaces and parklets.

6. Outdoor dining areas shall be operated in a manner that meets all requirements of the health department and all other applicable regulations, laws, ordinances and standards.

Other requirements

1. An encroachment permit may impose reasonable conditions of approval to ensure that outdoor dining and display areas operate in a manner that is not detrimental to the public health, safety and welfare; are consistent with all applicable codes, policies, and guidelines; and enhance the image, appearance and vitality of the area in which the use is located. This includes but is not limited to authority to regulate the design, layout, materials, colors, quality and appearance of outside dining and display areas; to require security deposits, insurance and other reasonable financial guarantees; and to prescribe operating terms which the permittee shall follow.

2. The City reserves the right to temporarily suspend the encroachment permit because of anticipated or actual conflicts in the use of sidewalk areas due to street repairs, parades, festivals, maintenance and other similar activities.

3. All encroachment permits require evidence of public liability insurance naming the City as also insured.
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City of Sonora
17 Outdoor Music/Performances/Speakers
Outdoor music and other live performances are desired in Sonora. Hours of operation shall be in accordance with the hours of operation of the associated food or beverage establishment and the Sonora Municipal Code.
a. All musical equipment shall be set up in a
safe manner, avoiding obstruction of
sidewalks.
b. Cable covers or mats shall be used to cover
any cables to prevent the creation of
tripping hazards.
c. Outdoor music or performances are not
permitted prior to 7 AM or past 10 PM,
regardless of the adjacent business hours,
to minimize disturbances.
d. Music shall be kept at a reasonable volume so as not to disturb nearby businesses or residences.
g. The playing of musical instruments on the City’s right-of-way not associated with an adjacent brick and mortar store is prohibited from including amplified sound.
h. Musicians shall not display any signage requesting tips or donations. i. Businesses with speakers mounted to the building should offer outdoor dining or other amenities serving the public.
j. Music shall not contain profanity and volume shall be set to a background sound/ambiance level.
k. Noise levels or activity that does not follow these Design Guidelines may be deemed a public nuisance. Complaints from surrounding businesses, residences or City representative will be addressed by the most appropriate City department.
l. Activities operating under a Special Event Permit or other City permitted activity may be exempt from some or all of these requirements.

Street Musician
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City of Sonora
18 Administration
Permit Procedures
Encroachment Permit:

An encroachment permit shall be secured through the City’s Community Development Department before the establishment of any outdoor space or parklet in the public right-ofway. An application fee, as adopted by City Council Resolution, shall be paid upon application submittal. Application and encroachment permit fees will be determined based on whether the intended use is: 1) a parklet with fixed improvements; 2) sidewalk dining with removable improvements; or 3) other outdoor uses with no physical improvements.

The encroachment permit is not transferable. Any new business shall reapply for an encroachment permit and demonstrate compliance with all applicable provisions of these Design Guidelines.

Building Permit:

A building permit shall be secured through the City’s Building Department before the installation of a parklet or any similar structures. Consult with the City Building Department regarding application requirements, fees, and review timeframes.

Use of public space policy
Businesses that obtain encroachment permits for the use of public space for dining, beer garden, live music or other exclusive use of City right of way shall enter into a license agreement with the City of Sonora. The agreement shall outline the terms and conditions for the use of the public area, ensuring compliance with City regulations. Additionally, use fees will accompany agreements of this nature.

Penalties for noncompliance
Failure to comply with the conditions of the encroachment permit may result in administrative citation in accordance with the Sonora Municipal code. Noncompliance with the conditions of the encroachment permit will be grounds for revocation of the permit. If the permit is revoked, the parklet shall be removed immediately at the owner’s expense. 317
Item A.

RESOLUTION 04-21-2025-A

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA, CALIFORNIA, ADOPTING THE CITY OF

SONORA ENCROACHMENT PERMIT DEVELOPMENT STANDARDS AND DESIGN GUIDELINES AND

LICENSE AGREEMENT
WHEREAS, the City recognizes that outdoor uses, including outdoor dining in the City’s right-of-way, pose special issues of equitable use of public space and community health and safety concerns and therefore warrant additional permitting to ensure continued public use within health and safety provisions; and WHEREAS, on December 2, 2013, the City of Sonora adopted the Vision Sonora plan which, among other goals, aims to create downtown public spaces and networks of pedestrian oriented streets that can be connected to event spaces; and
WHEREAS, event spaces include the construction of small gathering spaces including “parklets” that may convert parking spaces into seating and dining areas in front of business; and WHEREAS, parklets and outdoor use areas create more space for pedestrian activity and increase foot traffic and revenue for local businesses, especially those that offer outdoor dining; and WHEREAS, outdoor use areas provide aesthetic elements to the streetscape and improve the overall quality of life for Sonora residents and tourists; and
WHEREAS, based upon the economic benefits and additional sales tax to be generated with the expansion of business with outdoor dining and retail display space, a streamlined permitting process is necessary to facility the goals and objectives of Vision of Sonora; and
WHEREAS, the City has received input from downtown businesses at a community outreach meeting conducted on February 11, 2025, about appropriate City regulations for permanent outdoor uses and dining within public sidewalks and public parking spaces in a manner that promotes public health, safety, and welfare; and WHEREAS, the City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines provide development standards and design guidelines consistent with Vision Sonora for the establishment of outdoor uses including parklets, thereby allowing the extension of outdoor private commercial uses tied to brick-and-mortar establishments into the City’s right-of-way; and WHEREAS, the City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines provide standards and guidelines to protect the public health, safety, and welfare; and WHEREAS, the license agreement is a tool for the City to formalize use of public rights of way, collect fees for said uses and demonstrate to the community its efforts to facilitate more vibrant public spaces; and WHEREAS, pursuant to Section 2.32.080 of the Sonora Municipal Code, the Planning Commission is required to investigate and make recommendations to the City Council upon reasonable and practicable means for putting 318
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the General Plan into effect, in order that it will serve as a pattern and guide for the orderly physical growth and development of the City; and
WHEREAS, on March 31, 2025, the Planning Commission of the City of Sonora held a publicly noticed hearing to discuss and review the Ordinance, Outdoor Use Development Standards and Design Guidelines and the License Agreement and recommended approval by the City Council; NOW THEREFORE LET IT BE RESOLVED, that the City Council of Sonora hereby adopts the attached City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines and License Agreement.

PASSED AND ADOPTED as a Resolution of the City Council of the City of Sonora, California, at a regular meeting of said City Council held on April 21, 2025, by the following votes:

AYES:

NOES:

ABSENT:

Signed and dated: _____________________
_______________________________
Ann Segerstrom
Mayor, City of Sonora
ATTEST: _______________________________
Tracy Skelly
City Clerk, City of Sonora
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ADDRESS: ____________________________________
ASSESSOR’S PARCEL NUMBER (APN): ____________
BUSINESS NAME: ______________________________

OUTDOOR DINING LICENSE AGREEMENT
This License Agreement (“License Agreement”) is made and entered into as of the ____ day of , 20___ (“Effective Date”), by and between the City of Sonora, a Common Law City (“City”) and_____________________________
_____________________________________________________________________________ ___________________________________________________________________(“Licensee”).

City and Licensee may individually be referred to herein as “Party” or collectively as “Parties.” There are no other parties to this License Agreement.

RECITALS
A. Licensee owns or leases real property in the City of Sonora, County of Tuolumne County, State of California, located at ______________________________________________ (“Licensee Property”), in which Licensee operates a business.

B. Licensee Property is adjacent to the City public sidewalk, public parking, street or right of way area(s).

C. Licensee wishes to operate on the City public sidewalk, public parking, street or right of way area(s) adjacent to Licensee Property (“License Area”).

C. City agrees to allow Licensee to use the City public sidewalk, public parking, street or right of way area(s) immediately adjacent to the Licensee Property .

D. City and Licensee desire to enter into this License Agreement to provide a license for Licensee to use the License Area, on the terms and conditions hereinafter set forth in this License Agreement.

NOW THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee do hereby agree as follows:

AGREEMENT

1. Recitals. The recitals set forth above (“Recitals”) are incorporated herein by reference and made part of this License Agreement. In the event of any inconsistencies between the Recitals and Sections 1 through 18 of this License Agreement, Section 1 through 18 will prevail.

2. License. On the terms and subject to the conditions of this License Agreement, City hereby grants to Licensee and its employees, agents, consultants, contractors, and subcontractors (collectively, “Licensee’s Agents”), a revocable, non-exclusive license 320
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(“License”) to enter onto, occupy, and use that portion of the City’s public sidewalk or parking space area immediately adjacent to the City sidewalk and Licensee’s food services establishment for outdoor dining purposes (the “License Area”), and to place certain approved personal property and removable improvements thereon, in accordance with the Plan attached hereto as Exhibit A. This License is granted subject to Licensee’s compliance with the standards set forth in City of Sonora Municipal Code section 12.16, the City of Sonora Outdoor Use Encroachment Permit Development Standards and Design Guidelines attached as Exhibit B, , and compliance with such regulations heretofore or hereafter deemed necessary by the Community Development Director to protect the public health, safety and welfare, and approved by the City Council by Resolution. In the case of the use of parking spaces immediately adjacent to Licensee’s food services establishment, this License is also granted subject to Licensee’s compliance with any City rules or regulation adopted and conditioned. Any obligation or restriction, if any, imposed by this License Agreement on City shall be limited to City’s capacity as a licensor and shall not relate to or otherwise affect any activity of City in its governmental capacity, including but not limited to enacting laws, inspecting structures, reviewing and issuing permits, or all other legislative, administrative, or enforcement functions of City pursuant to federal, state, or local law. Nothing in this License shall be construed as abrogating or limiting any immunity or exemption to which City is entitled under law.

This License authorizes Licensee to use the property under a license only and does not confer any rights of possession to the License Area to Licensee.

3. Acceptance of License Area. Licensee shall take License Area in its “as-is, where-is, with-all-faults” condition as of the Effective Date of this License Agreement. Licensee acknowledges that City has not made, directly or indirectly, any express or implied representation regarding the License Area, including without limitation the condition or suitability of the License Area for any use. Licensee represents that Licensee relies solely on its own knowledge and independent investigation of the License Area in entering into this License. Licensee acknowledges that City has afforded Licensee a full opportunity to conduct such investigation of the License Area as Licensee deemed necessary to satisfy itself as to the condition and suitability of the License Area.

4. Termination. This License Agreement shall commence on the Effective Date and terminate ____________________. The City may terminate this License Agreement before the termination date with or without cause, and such termination shall become effective immediately upon City giving notice to Licensee.

In no event shall City be liable to Licensee for any costs, liabilities, or loss of revenues related to or arising from City’s termination of this License hereunder.

5. License Personal. The license herein granted is person to Licensee and no right hereunder may be assigned, sublet or otherwise transferred in whole or in part.

6. Sidewalk Maintenance. Licensee, at its own expense, shall keep the License Area in a clean and sanitary condition and upon expiration of this License, or upon earlier termination of this License Agreement, shall return the License Area to the City in substantially the same condition as the License Area was at the time of the issuance of the License Agreement.
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7. Sidewalk Deposit. If required by the Community Development Director, prior to issuance of this License Agreement, Licensee shall remit a sidewalk maintenance deposit. Said deposit shall be held by the City, without liability for interest, as security for the faithful performance by Licensee of the terms, covenants and conditions of this License Agreement. The City shall have the right at its option to appropriate and apply the entire sidewalk maintenance deposit or so much thereof as may be necessary to compensate City for any and all repairs to the sidewalk caused by Licensee or due to a violation of this License Agreement. Should the entire deposit or any portion thereof be appropriated and applied by the City hereunder, upon written demand of the City, Licensee shall remit to City sufficient amount in case to restore said maintenance deposit to the original sum deposited. Failure by Licensee to remit said cash within ten (10) business days after receipt of such demand shall constitute a violation of this License Agreement. The rights and remedies granted to City pursuant to this paragraph are in addition to City’s other remedies as provided in this License Agreement or by law. After termination of this License Agreement, the deposit will be refunded within thirty (30) days of completion of an inspection of the License Area by City’s Community Development Department. This inspection will occur within two (2) weeks of termination of this License Agreement.

However, if after thirty (30) days of the termination of this License Agreement, or thirty (30) days after Licensee has ceased use of the License Area for outdoor dining purposes, Licensee has not repaired the sidewalk and removed the furniture/fixtures within said License Area, Licensee shall forfeit the sidewalk maintenance deposit.

8. Surrender and Restoration. Upon termination of this License Agreement, Licensee, at its sole cost and expense, shall remove any improvements placed on the License Area, remove any personal property there from, restore the License Area to its original condition, and cease any further use of the License Area as provided herein. Should Licensee neglect to restore the License Area to a condition satisfactory to City, City may perform such work or have such work performed, and Licensee shall immediately reimburse City for all direct and indirect costs associated with such work upon receipt of a statement therefore.

9. Indemnification. Licensee shall indemnify, release, defend and hold harmless the City, its officers, agents, employees and volunteers, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney’s fees and administrative costs, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of the Licensee’s owners officers, agents and employees or from any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorneys fees and administrative costs arising out of, resulting in any way, or connected with, in whole or in part, this License Agreement or Licensee’s occupancy, use or misuse of the License Area, including any improvements or personal property located thereon.

Upon receiving notice of a claim, Licensee shall assume the defense of the claim, action, or proceeding through the prompt payment of all attorneys’ fees and costs, incurred in good faith and in the exercise of reasonable discretion, of City’s counsel in defending such an action. City shall have the absolute and sole authority to control the litigation and make litigation decisions, including, but not limited to, selecting counsel to defend City and settlement or other disposition of the matter. Neither termination of this License Agreement nor completion of the acts to be performed under this License Agreement 322
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shall release Licensee from its obligations to indemnify the City and City’s Agents.

Submission of insurance Certificates or other proof of compliance with the insurance requirements in this License Agreement does not relieve Licensee from liability under this indemnification clause. The obligations of this indemnity shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

10. Insurance. Licensee shall maintain in effect during the term of this License Agreement, at no expense to City, insurance in a form approved by the City Attorney, as follows:
(a) Worker’s Compensation insurance with statutory limits as required by the Labor Code of the State of California. Licensee shall give the City written notice of any cancellation of said insurance immediately after receiving notification of such cancellation by Licensee’s insurance company.
(b) Comprehensive General Liability Insurance, in the minimum amount of one million dollars ($1,000,000) per occurrence, three million dollars ($3,000,000) aggregate, for death, bodily injury, personal injury, and property damage. (c) Said policy shall include a separate endorsement for use of the sidewalk and parking space area immediately adjacent to the City sidewalk and food services establishment, where applicable, with no exclusions to the coverage containing the following specific language or substantially similar language:
(1) “The City of Sonora, its officers, employees and volunteers, are named as additional insured’s under this policy.”
(2) “The insurance provided herein is primary coverage to the City of Sonora with respect to any insurance or self-insurance maintained by the City, and shall not call upon City’s insurance or coverage for any contribution.” (3) “This policy shall not be canceled or materially changed without first giving ten (10) days prior written notice to the City of Sonora, Community Development Director.”
(d) Licensee shall submit to the City properly executed Certificates of Insurance evidencing all coverage, limits and endorsements as required above, and renewal certificates during the term of this License Agreement. Within thirty (30) days of City’s request, Licensee shall submit to City certified copies of the insurance policies and endorsements.

11. Compliance with Laws. Licensee shall observe and comply with all applicable federal, state, City, or other governmental statutes, ordinances, and regulations now in force or which hereafter may be in force, including the regulations of the State Alcoholic Beverage Control and the County of Tuolumne County Department of Environmental Health.

12. Inspection. No more than two business days after completing the installation of any new outdoor dining facilities, the Licensee shall contact the City’s Community Development Department for final inspection and approval. A copy of the License Agreement shall be kept at the permitted restaurant at all times and shall be made available for review upon 323
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the request of any City official or enforcement officer. The City reserves the right to inspect the outdoor dining facility with prior notice to the Licensee.

13. Suspension of License. City may temporarily suspend this license, from time to time, upon reasonable advance notice to Licensee in the event that License’s use of the public sidewalk or parking space area immediately adjacent to the City sidewalk and Licensee’s food services establishment will interfere with any special public event, or if City, any utility or any other easement holder requires access to the public sidewalk area or adjacent parking space area covered by the License for construction or maintenance work.

14. Notices. Any notice required or permitted to be given under this License Agreement shall be in writing. Delivery of such written notice shall be deemed sufficiently given forty-eight (48) hours after deposit in the United States mail, registered or certified, return receipt requested, with postage thereon fully prepaid, or upon personal delivery, addressed as follows:

If to City: Community Development Director
Community Development Department
City of Sonora
94 N. Washington Street
Sonora, CA 95370
Copy to: White Brenner LLP
1608 T Street
Sacramento, CA 95811
Attn: Douglas White
If to Licensee: ________________________________
________________________________
________________________________
________________________________
Either party may at any time change its address for notices by giving written notice of such change in the manner provided above.

15. Possessory Interest; Taxes. Licensee expressly recognizes and understands that this License Agreement may create a possessory interest subject to property taxes, and that Licensee may be subject to the payment of property taxes levied upon such interest.

Licensee hereby acknowledges that the notice required under California Revenue and Taxation Code section 107.6 has been provided.
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16. Risk of Loss. Licensee shall assume all risk of loss, damage, or injury to Licensee, or its property, arising out of or connected to its use or occupation of the License Area pursuant to this License Agreement.

17. License Fees. The Licensee shall pay current annual Outdoor Dining License Fee, as approved by Resolution of the City Council. Prior to City entering into this License Agreement, the Licensee shall pay the first year’s Outdoor Dining License Fee, prorated for the remaining months of the calendar year. Beginning on January 1st of the following year, the Licensee shall remit the entire year’s Outdoor Dining License Fee, as determined by Resolution of the City Council, either as a lump sum payment or in monthly installments. Monthly payments also require the payment of an administrative processing fee, as approved by Resolution of the City Council.

18. Miscellaneous.
(a) Governing Law and Venue. This License Agreement is to be governed by, and construed in accordance with, the laws of the State of California. The venue of all legal proceedings arising from or in connection to this License Agreement shall be in the Superior Court of California, in and for the County of Tuolumne. (b) Modification. This License Agreement may be modified only through a written amendment signed by both Parties.
(c) Legal Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions of this License Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
(d) Severability. If this License Agreement in its entirety is determined by a court of competent jurisdiction to be invalid or unenforceable, this License Agreement shall automatically terminate as of the date of final entry of judgment. If any term or provision of this License Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this License Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each such term and provision of this License Agreement shall be valid and be enforced to the fullest extent permitted by law. (e) Entire Agreement. This License Agreement contains the entire understanding between the Parties. All previous proposals, offers, and other communications relative to this License Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this License Agreement. (f) Construction. This License Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared the same. (g) Further Assurances. The parties hereto agree to execute all such additional instruments and documents and take all such additional actions, as may be reasonable and necessary to carry out the provisions of this License Agreement. 325
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(h) Survival. Licensee’s obligations hereunder shall survive the termination of this License Agreement.
(i) Counterparts. This License Agreement may be executed in counterparts and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.
(j) Authority. All parties to this License Agreement warrant and represent that they have the power and authority to enter into this License Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into this License Agreement had been fully complied with.

Further, by entering into this License Agreement, no party hereto shall have breached the terms or conditions of any other contract or agreement to which such party is obligated, which such breach would have a material effect hereon. (k) Headings. The headings in this License Agreement are included for convenience only and neither affect the construction or interpretation of any section in this License Agreement nor affect any of the rights or obligations of the Parties to this Agreement.
(l) Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this License Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the day and year first written above.

CITY OF SONORA LICENSEE
A Municipal Corporation
____________________________________ _____________________________ Melissa Eads Signature
City Administrator
_____________________________
Type or print name and title
Approved as to form:
_____________________________________
City Attorney
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