CITY COUNCIL A G E N D A
MONDAY, MAY 2, 2022
6:00 P.M. Closed Session
7:00 P.M. Regular Session
33 Church Street, Sutter Creek CA 95685
The Agenda can be found on the City’s Website: www.cityofsuttercreek.org
THE CITY OF SUTTER CREEK CITY COUNCIL MEETING WILL BE AVAILABLE VIA ZOOM AND IN PERSON.
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Meeting ID: 956 852 0224
Public comment will be accepted by email at [email protected]. All emails must be received prior to the start of the meeting.
6:00P.M. 1. CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Section 54957
Title: City Attorney.
7:00 P.M. 2. CALL TO ORDER AND ESTABLISH A QUORUM FOR REGULAR
MEETING
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. REPORT FROM CLOSED SESSION
5. PUBLIC FORUM
At this time, the public is permitted to address the City Council on items not appearing on the agenda. Comments may not exceed 5 minutes. In accordance with State Law, however, no action or discussion may take place on any item not appearing on the posted agenda. The City Council may respond to statements made or questions asked or may request Staff to report back at a future meeting on the matter. The exceptions under which the City Council may discuss and/or take action on items not appearing on the agenda are contained in Government Code §54954.2.
Public comment on any item listed below shall be limited to five minutes, unless additional time is permitted by the Mayor/Council.
6. PRESENTATIONS – None.
7. INFORMATION/CORRESPONDENCE -None.
8. MAYOR AND COUNCIL MEMBER REPORTS
This section is to provide Council members an opportunity to present updates on their activities and to request items be placed on future agendas.
9. CONSENT AGENDA
Items listed on the consent agenda are considered routine and may be enacted in one motion. Any item may be removed for discussion at the request of Council or the Public.
* A. City Council Minutes of April 4, 2022
Recommendation: By motion approve minutes as presented. *
*
B. Warrants
Recommendation: By motion approve warrants as presented.
C. Resolution 21-22-* Authorizing remote teleconference meetings of the legislative bodies of the City of Sutter Creek.
Recommendation: Adopt Resolution 21-22-* as presented.
10. ORDINANCES & PUBLIC HEARINGS
* A. Continued from April 4, 2022 -Public Hearing regarding the vacation of Prosperity Court -
Recommendation:
1) Hold public hearing and receive public input.
2) Adopt Resolution 21-22-* of the City Council of the City of Sutter Creek ordering the summary vacation of the street known as “Prosperity Court” pursuant to Streets and Highways code sections 8300 et seq * B. Public Hearing: Impact Fee ENR Adjustment
Recommendation:
1) Hold a public hearing to hear testimony regarding the proposed inflationary adjustment to the impact fees.
2) Adopt Resolution 21-22-* authorizing an inflationary adjustment to the impact fees, effective July 1, 2022.
* C. Public Hearing: Greenstone Terrace No Parking Zone Recommendation:
1) Hold a public hearing to hear testimony regarding the proposed No Parking Zone on Greenstone Terrace.
2) Adopt Resolution 2021-22-* Amending the parking designation plan resolution 18-19-31 adding a no parking zone on Greenstone Terrace. * D. Ordinance No. __ regarding Outdoor dining in public rights-of-way.
Recommendation:
1) Introduction and First Reading of Ordinance.
11. ADMINISTRATIVE AGENDA
12. CITY ATTORNEY’S REPORT
This section is an opportunity to provide Council members with a brief status update on legal affairs concerning the City and other pertinent issues surrounding legal matters. No action is expected to be taken by the Council.
13. CITY MANAGER’S REPORT
This section is an opportunity to provide Council members with a brief status update on staff activities. No action is expected to be taken by the Council.
14. ADJOURNMENT
The next regularly scheduled meeting is MONDAY, MAY 16
TH at 7:00 P.M
1 MINUTES OF THE SUTTER CREEK CITY COUNCIL OF
April 4, 2022
THIS MEETING WAS CONDUCTED IN-PERSON AT 33 CHURCH STREET, THE PUBLIC WAS ALSO ABLE TO PARTICIPATE FROM HOME:
https://us02web.zoom.us/j/9568520224
or
Dial by phone:
301-715-8592
Meeting ID: 956 852 0224
1. CLOSED SESSION - None
7:00 P.M. 2. CALL TO ORDER AND ESTABLISH A QUORUM FOR REGULAR MEETING Mayor Swift called the meeting to order at 7:04 p.m.
Council members Present:
Gunselman, Peters, Rianda, Sierk and Swift
Vicky Runquist, City Treasurer
Staff Present:
Amy Gedney
Derek Cole
Karen Darrow
Jodi Steneck
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Swift led the Pledge of Allegiance.
4. REPORT FROM CLOSED SESSION
Mayor Swift reported that direction was given to staff.
5. PUBLIC FORUM
Fire Chief Moreno noted that he agrees with the staff parking recommendation for Greenstone Terrace. He also noted that the Fire department will need to provide a higher level of service if the no place like home project goes through and asked if there is a process for planning for it just in case.
City Manager Gedney noted that the City shares the concern that there are issued associated with the project that would significantly affect public safety. 2 6. PRESENTATIONS-None.
7. INFORMATION & CORRESPONDENCE – None.
8. MAYOR AND COUNCIL MEMBER REPORTS
This section is to provide Council members an opportunity to present updates on their activities and to request items be placed on future agendas.
Council member Rianda reported that the Air District Board ordered three electric vehicles and one is for Sutter Creek and that the school district is getting an electric school bus that will cost $379,000.
Council member Peters noted that the Airport Land Use Commission will be meeting to discuss a food truck.
Council member Gunselman requested that the no place like home project be presented to the Council by County Supervisor Crew and County Supervisor Axe.
City Manager Gedney explained that there has been some misinformation circulated about the project and noted that a complete application has not yet been submitted. She noted that when it does come through, it would go to the Planning Commission per the City process.
Council member Sierk requested that the no place like home project be presented to the Council at an upcoming meeting. She also noted her concern that Council member Peters, Rianda and City Manager Gedney met with Supervisor Crew regarding the project and that a negative message was sent on behalf of the Sutter Creek City Council.
Mayor Swift noted that the Fire Safety Workshop was well done and better attended than the previous year and extended his gratitude towards the Fire Department and the Police Department for putting it on.
9. CONSENT AGENDA – Items listed on the consent agenda are considered routine and may be enacted in one motion. Any item may be removed for discussion at the request of Council or the Public.
A. City Council Minutes of March 21, 2022
Recommendation: By motion approve minutes as presented.
M/S Council member Peters/Rianda to approve Minutes of March 21, 2022, as amended.
AYES: Gunselman, Peters, Rianda, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
B. Warrants
Recommendation: By motion approve warrants as presented. 3 M/S Council member Rianda/Sierk to approve the warrants, excluding the warrant for Weber Ghio & Associates.
AYES: Gunselman, Peters, Rianda, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
M/S Council member Sierk/Rianda to approve the warrants, excluding the warrant for Weber Ghio & Associates.
AYES: Gunselman, Rianda, Sierk and Swift
NOES: None
ABSTAIN: Peters
ABSENT: None
MOTION CARRIED
C. Adopt Resolution 21-22-37 providing informal bidding procedures under the California Unifo Public Construction Cost Accounting Act (Act).
D. Notice of Exemption – Bryson Park Renovation
Recommendation: Approve the Notice of Exemption for Bryson Park.
M/S Council member Rianda/Peters to approve Consent Items C & D, as presented.
AYES: Gunselman, Peters, Rianda, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
10. ORDINANCES & PUBLIC HEARINGS
A. Draft Outdoor Dining Ordinance
Recommendation: Provide final direction before introduction of the First Reading.
The Council directed staff to move forward with the Ordinance and bring it back for the First reading.
11. ADMINISTRATIVE AGENDA
A. Greenstone Terrace no parking zone
Recommendation: Direct staff on how to proceed with traffic circulation and parking on Greenstone Terrace.
Mayor Swift stepped down for the discussion of this item due to a conflict of interest. Vice Mayor Rianda led the discussion and City Engineer Matt Ospital outlined the recommendation.
The Council directed staff to move forward and stripe for no parking with prior notice to the neighboring properties owners.
4 B. City Council Minutes from February 7, 2022
Recommendation: Request for revision from Council member Sierk.
Council member Sierk requested that a statement that she recalled making be included in the Minutes from the February 7, 2022 City Council meeting. “Council member Sierk does not share support of City Manager Gedney’s vision for closing off Main Street for a plaza design.”
The Council directed staff to amend the minutes to include her statement.
12. CITY MANAGER’S REPORT
City Manager Gedney noted that she has an operations meeting scheduled with Ione and a Regional Board meeting with the consultant on Thursday.
13. ADJOURNMENT
The meeting was adjourned at 9:08 p.m.
___________________________________
Jim Swift, Mayor
___________________________________
Karen Darrow, City Clerk
Date Approved:
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-1655 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer ______________________________________________________________________________
STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL MEETING DATE: MAY 2, 2022
FROM: JODI ARROYOS, ACCOUNT TECHNICIAN
SUBJECT: WARRANTS TO BE PAID
RECOMMENDATION:
Attached you will find a list of all warrants to be paid.
BUDGET IMPACT:
Total is $60,707.75
RESOLUTION 21-22-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE
BODIES OF THE CITY OF SUTTER CREEK
WHEREAS, the City of Sutter Creek is committed to preserving and nurturing public access and participation in public meetings; and
WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code sections 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and WHEREAS, such conditions now exist in the City of Sutter Creek; and WHEREAS, the City Council does hereby find that the Covid-19 emergency has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to ratify the proclamation of state of emergency by the Governor of the State of California; and WHEREAS, as a consequence of the emergency, the City Council finds that the legislative bodies of the City of Sutter Creek shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sutter Creek proclaims that an emergency continues to exist throughout the City of Sutter Creek and requiring persons to meet in public, without providing an option for remote participation, would present an imminent risk to public health to those for whom remote participation would be optimal for medical reasons.
BE IT FURTHER RESOLVED that the City Manager and legislative bodies of the City of Sutter Creek are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from the date of its adoption, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Sutter Creek may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 2
nd day of May, 2022 by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
Jim Swift, Mayor
ATTEST:
______________________________________
Karen Darrow, City Clerk
RESOLUTION 21-22-*
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
ORDERING THE SUMMARY VACATION OF THE STREET KNOWN AS
“PROSPERITY COURT” PURSUANT TO STREETS AND HIGHWAYS CODE SECTIONS 8300 ET SEQ.
WHEREAS, The City of Sutter Creek is owner of the right-of-way for the public street known as “Prosperity Court,” as legally described in Exhibit “A” and depicted in Exhibit “B” to this Resolution (“Prosperity Court”); and
WHEREAS, subdivision (b) of Section 8324 of the Streets and Highways Code of the State of California authorizes the City Council to vacate a road that is unnecessary for present or prospective public use; and
WHEREAS, subdivision (a) of Section 8334 of the Streets and Highways Code of the State of California further authorizes the City Council to summarily vacate an excess right-of-way of a street not required for street purposes; and
WHEREAS, the City acquired the roadway now known as Prosperity Court in 2014 as part of the broader acquisition of the roadway now known and used as Prosperity Way; and WHEREAS, although Prosperity Way has been and continues to be used as a public road, Prosperity Court accesses only one parcel of private property and has never been used as a necessity for public travel; and
WHEREAS, Prosperity Court is not necessary for present or prospective public use and constitutes an excess right of way, such that the vacation of Prosperity Court is both appropriate and desirable; and
WHEREAS, Prosperity Court does not involve an area that is useful as a nonmotorized transportation facility; and
WHEREAS, the street vacation hereby effected will neither cut-off all access to a property owner’s property, nor terminate any public service easement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sutter Creek resolves and orders, pursuant to the summary vacation procedure provided in Streets and Highways Code section 8330 et seq., that, from and after the date this Resolution is recorded, the City Council does hereby vacate and abandon all of the City’s right, title and interest in the portion of the public road known as “Prosperity Court,” as described in Exhibit “A” and depicted in Exhibit “B” hereto, which right-of-way area is vacated and no longer constitutes a street, highway, or public service easement.
BE IT FURTHER RESOLVED that the actions taken pursuant to this Resolution are categorically exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15312, Class 12 of the CEQA Guidelines, for sale or surplus government property and/or Section 15304, Class 4 of the CEQA Guidelines, for minor alterations to land.
BE IT FURTHER RESOLVED that City staff is hereby directed to cause a certified copy of this Resolution, attested by the City Clerk under the seal of the City, to be recorded in the Office of the County Recorder of Amador County.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 2
ND day of May, 2022 by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
____________________________________
Jim Swift, Mayor
______________________________________
Karen Darrow, City Clerk
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-0639 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer
STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE
CITY COUNCIL
MEETING DATE: MAY 2, 2022
FROM: JODI STENECK, ACCOUNTING SUPERVISOR
SUBJECT: IMPACT FEE ENR ADJUSTMENT
RECOMMENDATION:
1) Hold a public hearing to hear testimony regarding the proposed inflationary adjustment to the impact fees.
2) Adopt Resolution 21-22-* authorizing an inflationary adjustment to the impact fees, effective July 2, 2022.
BACKGROUND:
At your March 7, 2022 meeting, the City Council directed staff to set a public hearing to begin implementing an inflationary adjustment to its impact fees. Development impact fees are established in conformance with the requirements of Government Code Section 66000 (et seq.), referred to as the Mitigation Fee Act (MFA). Fees established under the MFA may be used to fund public facilities needed to serve new development. State law requires a minimum 60-day period prior to implementation of MFA fees after City Council adoption.
Impact fees are paid by developers for new development or for a change to a more intensive use (e.g., warehouse to office), typically at the time of building permit issuance. Impact fees cannot, however, be used to correct an existing public facility deficiency or for the ongoing operations and maintenance costs of these facilities.
The City of Sutter Creek adopted its Capital Facilities Fees Impact Fee Report in 2008. That report outlined the nexus for collecting fees at building permit issuance to offset the impacts that new development will have on the City’s infrastructure. Those fees are known as “brick and mortar” fees and are then used to construct the new infrastructure. The City’s adopted development impact fees include:
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-0639 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer Police Capital Facilities Fee
This fee is collected to provide funding for the construction of a police station, police vehicles, parking facilities, communication systems, and equipment.
Fire Capital Facilities Fee
This fee is collected for construction of a new fire facility, fire trucks, a fire engine, and special equipment.
Historical Fee
This fee is collected to fund a fair-share portion of the purchase cost for Knight Foundry which is consistent with the City’s General Plan policy of preserving historic structures in the City.
City Hall Capital Facilities Fee
This fee is collected to provide funding for the construction of a new city hall.
Corporation Yard Capital Facilities Fees
This fee is collected to provide funding for a fair-share portion of the cost to construct facilities for a new corporation yard.
Program Update Fee
This fee is collected for future updates of the Nexus Study to ensure that the facilities, costs, and fees in the Fee Program are current and accurate.
Administration Capital Facilities Fee
This fee is collected for the administration of the CFF Program. This includes preparation of an Annual CFF Program Report, preparation of a Five-Year CFF Report, day-to-day management of the CFF Program including preparation of annual CIP budgets, CFF Program annual inflationary updates, land value analyses and updates and CFF Program Proformas.
Traffic Mitigation Fee
There are two traffic mitigation fees collected, one for local roads and the other for regional roads. The local fee is collected to offset the direct, indirect, and cumulative impacts of new development projects upon City of Sutter Creek’s road systems. The regional fee is collected for the Amador County Transportation Commission (ACTC).
Amador County Parks and Recreation Fee
This fee is collected to provide funding for park capital improvements. The Master Plan is currently being updated.
Once fees are adopted, they should be reviewed and adjusted annually if necessary, to account for inflationary increases and decreases to ensure that the fees being collected are adequate to construct the facilities needed created by the impact. The fees were last updated July 1, 2021. 18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-0639 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer DISCUSSION:
To ensure that the capital facilities fees adequately cover new development’s share of the public facilities identified in the fee program, staff recommended in 2018 that Council establish a process to annually adjust the development impact fees and to utilize the Engineering News Record-Construction Cost Index (ENR) as the inflation index for calculating this annual fee adjustment, which the Council approved. The new fees used the 2021 inflation index of
5.9126%.
Exhibit A of the Resolution shows the 2021 ENR increase of the fee program for all development. Staff is recommending that effective July 2, 2022, the impact fees for all development be increased as shown in Exhibit A and that Resolution 21-22-* be approved.
BUDGET IMPACT:
The purpose of the increase is to ensure that the fees keep pace with the cost to construct the facility.
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-0639 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer RESOLUTION NO 21-22-**
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
AUTHORIZING AN INFLATIONARY INCREASE TO THE IMPACT FEES WHEREAS, in 2008, the City Council adopted a development impact fee report for new development pursuant to Article XI, Section 7 of the California Constitution and the Mitigation Fee Act (Gov. Code § 66000, et seq.,); and
WHEREAS, the Engineering News Record Construction Cost Index, (“ENR-CCI”) for San Francisco area indicates that general construction costs increased 5.9126 percent for 2021; and WHEREAS, the City of Sutter Creek’s impact fees should be adjusted to account for inflationary cost increases; and
WHEREAS, on May 2, 2022, the City Council held a duly noticed public hearing with respect to the proposed impact fee adjustment where all members of the public had an opportunity to be heard; and
WHEREAS, the impact fees for park improvements are not being increased; and WHEREAS, the impact fees collected on new development for this inflationary adjustment are for general capital facilities fees for fire, police, historical preservation, city hall, corporation yard construction, programmatic updates and administration; and WHEREAS, this inflationary adjustment is also to adjust the sewer connection fee and the local transportation-related impact fees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUTTER CREEK RESOLVES AS FOLLOWS:
SECTION 1. With the increases in the ENR-CCI for 2021, the City Council authorizes an adjustment in the capital facilities fees effective July 2, 2022 as shown on Exhibit A, attached hereto and incorporated herein by reference.
SECTION 2. This Resolution shall become effective on July 2, 2022.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 2nd day of May 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
THE CITY OF SUTTER CREEK
____________________________
Jim Swift, Mayor
ATTEST:
_________________________
Karen Darrow, City Clerk
STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY
COUNCIL
MEETING DATE: MAY 2, 2022
FROM: MATT OSPITAL, CITY ENGINEER
SUBJECT: GREENSTONE TERRACE – NO PARKING ZONE
RECOMMENDATION:
1) Hold a public hearing regarding the No Parking designation on Greenstone Terrace 2) Adopt Resolution 2021-22-* Amending the parking designation plan resolution 18-19-31 adding a no parking zone on Greenstone Terrace.
BACKGROUND:
Updated: At your last meeting, staff was directed to notify homeowners of the planned No Parking Zone on Greenstone Terrace and to bring back the item for Council consideration.
Homeowners have been notified and a public hearing notice has been issued.
Research has been completed to determine the limits of City right of way on Greenstone Terrace (see attached Exhibit A). The City right of way limits end at approximately 500 feet from Church Street. During the spring and summer when there are events at the park, road access and turning movements can be problematic.
DISCUSSION:
At this time the following two items are recommended:
1. Recommendations for Signage
Staff recommends installing new signage to mark the limits of no parking. Signage shall be placed at regular and consistent intervals and heights to ensure parking signs are visible to all motorists.
2. Recommendations for Striping
Staff recommends painting the edge of pavement (since there is no curb) red. Per Sutter Creek Municipal Code 11.24.030 - Red curb—"No parking" area, states red means no stopping, standing or parking at any time except as permitted by the Vehicle Code. (Ord. 278 §6(D), 1995).
Staff also looked into how many parking spaces could be added to Greenstone Terrace near the intersection with Church Street. With some grading and paving work, five new parallel parking spaces could be added (see attached Exhibit B). The estimated cost for this work is $45,000.
BUDGET IMPACT:
To be determined.
RESOLUTION 21-22-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK AMENDING THE PARKING DESIGNATION PLAN RESOLUTION 18-19-31 ADDING
A NO PARKING ZONE ON GREENSTONE TERRACE
WHEREAS, adopting a parking designation plan is the responsibility of the City Council; and WHEREAS, the City Council desires to have safe parking areas throughout the City; and WHEREAS, parking designations are an important component of vehicular movement in and around the City; and
WHEREAS, the City Council may deem it necessary to have parking designations throughout the City including, red, yellow, green, and blue zones; and WHEREAS, from time to time it may be necessary to amend parking provisions as the Council deems necessary; and
WHEREAS, on May 6, 2019, by Resolution 21-22-06 the City Council updated its parking plans; and
WHEREAS, the Council wishes to further update the parking plan; and WHEREAS, the City Council has carefully examined each designation listed herein in Attachment A; and
WHEREAS, the City has reviewed the current conditions and vehicular movement patterns and has determined that particular designations need to be changed; and WHEREAS, the City Council wishes to add #118 and Map “Greenstone Terrace Detail” to the Parking Designation Plan.
NOW THEREFORE BE IT RESOLVED, that the City Council does hereby adopt the recommendations noted in Attachment A, thereby with this Resolution superseding Resolution 21-22-06 and authorizes the City Manager to proceed with the changes herein adopted and to return with the changes that call for a modification of the City’s Municipal Code.
BE IT FURTHER RESOLVED, that the City Council wishes to add a “No Parking” zone on Greenstone Terrace as depicted in Attachment B.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 4
th day of May 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
THE CITY OF SUTTER CREEK
______________________________
Jim Swift, Mayor
ATTEST:
______________________________
Karen Darrow, City Clerk
ATTACHMENT A
RED, YELLOW, GREEN, AND BLUE PARKING DESGNATIONS
MAP ID.
STREET
ADDRESS
STREET
NAME
CURRENT BUSINESS
NAME Color
Length
(Feet)
Time
Req. * DESCRIPTION
Curb
Color
Reco.
Length
(Feet) DESCRIPTION
Spaces
Gain or
Loss
MAP TITLED "DOWNTOWN DETAIL - CURB LOCATIONS #1-95"
East Side of Main Street
1 6 Main EPCO Emporium Red 42 Red 10
Shorten to 10' from
corner southward - to
add parking 1
2 14 Main United Methodist Red 5 None
Main Street Bridge
Project converted to a
corner planter area.
3 14 Main United Methodist Yellow 20 2
Re-install sign
for temporary
Load/Unload on
Sundays in (1)
parking spot,
after Main Street
Bridge Project None
3 parallel spaces
converted to diagonal
parking as part of the
Main Street Bridge
Project. (1) Police space
and (4) parking spaces
2 4 16 Main Old Fire Station Red 30 NC NC
Driveway of the
firehouse on Main and
down Auditorium
driveway.
5 18 Main City Hall Red 46
Police Parking
None
Converted into Plaza
space as part of the Main
Street Bridge Project.
-1
6 Bridge Main White 45
Passenger Loading Zone
as part of the Main Street
Bridge Project.
7 Main Eureka to Bridge
Had 5 parallel
parking spaces
Converted to diagonal
parking as part of the
Main Street Bridge
Project. (1) Handicap
space and (6) parking
spaces 2
8 34 Main Front-Unique Boutique Red 21 NC NC
9 36 Main Front-Cavana's Pub Red 29 NC NC
10 56 Main NSGW Red 15 NC NC
11 58 Main Wells Fargo ATM Yellow 24 2 None 24
Remove Yellow &
convert to Parking 1
12 74 Main Front-Sina's Backroads Red 28 NC NC
13 76 Main Front-Buffalo Chips Red 31 NC NC
14 84 Main Violich Parking Lot Red 90 NC NC
15 Gopher Flat
North side of O'Neill's
Antiques to Boston Aly Red 123 NC NC
16 Gopher Flat
South side in front of Post
Office Red 15 NC NC
17 40 Hanford
Redkey Gordon Law on
corner Red 90 NC NC
West Side of Main Street
18 51 Hanford Front-Yorba Winery Red 42 NC NC
19 83&85 Main Serafina Tasting Room Red 92 Hydrant NC NC 20 75 Main SC Inn Red 50 Hydrant NC NC
21 73 Main Front-Bella Grace Red 4 NC NC
22 71A Main Front-SC Visitor Ctr Red 10 Hydrant NC NC
23 71 Main Front-Fine Eye Gallery Yellow 35 2 Yellow 25 24 71 Main Front-Fine Eye Gallery Yellow 35 2 Red 10
25 59 Main Front-Le Moulet Rouge Red 18
On street side of
wall NC NC
26 53 Main Front-N-Hotel Sutter Red 18 NC NC
EXISTING CONDITIONS RECOMMENDATION
Convert 10 ft. of yellow
to red nearest crosswalk
ATTACHMENT A
RED, YELLOW, GREEN, AND BLUE PARKING DESGNATIONS
MAP ID.
STREET
ADDRESS
STREET
NAME
CURRENT BUSINESS
NAME Color
Length
(Feet)
Time
Req. * DESCRIPTION
Curb
Color
Reco.
Length
(Feet) DESCRIPTION
Spaces
Gain or
Loss
EXISTING CONDITIONS RECOMMENDATION
27 53 Main Front-Hotel Sutter Green 44
20 Min. None 44
Remove all green curb
marking to add parking
spots 2
28 53 Main Front-S-Hotel Sutter Red 9 NC NC
29 51 Main
Front-Ice Cream
Emporium Red 17 Hydrant NC NC
30 47 Main
Tomorrow's
Heirlooms/Mason Lodge Yellow 36 2 NC NC
1 31 37 Main SC Art Gallery driveway Red 21 None None
Parking in a driveway is
illegal so no curb color
needed.
32 Main-bridge
Northwest side of bridge
from planter to driveway None 16
Mark Pavement for
Compact Parking Space 1
33 Bridge Main White 45
Passenger Loading Zone
as part of the Main Street
Bridge Project.
34 33C Main Water Street Interiors Red None
35 33B Main SC Cheese Shop Yellow 2 None
36 33A Main Sierra Mountain Outdoors Red Red 14 Reduce to 14 feet. 37 Badger/Main S/W Corner @ Badger Red 9
Hydrant - on
street/wall NC NC
38 Main South from Badger
Had 5 parallel
parking spaces None
Converted to diagonal
parking as part of the
Main Street Bridge
Project. (6) parking
spaces
1 39 3 Main S/W Corner @ Badger Red 134 Red 134
Add Red from Corner to
first driveway. There is a
No Parking sign on
Badger at first driveway.
40 20 Elm Residence front Red 90 None 0
Remove from corner
eastward for parking
spaces. 4
41 20 Elm Residence side Red 17
Red is 17 feet
South from
corner. NC NC
42 31 Anna Residence front Red 67 Red 26
Keep Red only on curve.
Remove 42' of red
westward from birch tree
2 43 Karsan/Badger SW side by stop sign Red 25 NC NC
44 Badger
East side across storm
drain bridge Red 76 NC NC
45 Badger
N Side-Sierra Mountain
Outdoors Green 52
20 Min. Street width 27' None
Convert to parking.
Remove green. 2
46 Badger
NW Side-Sierra Mountain
Outdoors Red 38 NC NC
West Side of the City
47 Fifield Aly Fifield Aly S side Red 36 Add Red Zone 0 48 Fifield Aly Fifield Aly N Side Yellow 80 2 Red 26
Keep yellow and & add
Red at bend to driveway.
49 Spanish North side-Hotel Sutter Red 84 NC NC
50 Spanish North side-Hotel Sutter Yellow 33 2 NC NC
51 Spanish
North side-Hotel Sutter
Parking Lot Red 16 NC NC
67 Converted to Parking as
part of the Main Street
81 Bridge Project. 3
ATTACHMENT A
RED, YELLOW, GREEN, AND BLUE PARKING DESGNATIONS
MAP ID.
STREET
ADDRESS
STREET
NAME
CURRENT BUSINESS
NAME Color
Length
(Feet)
Time
Req. * DESCRIPTION
Curb
Color
Reco.
Length
(Feet) DESCRIPTION
Spaces
Gain or
Loss
EXISTING CONDITIONS RECOMMENDATION
52 Spanish
North side-Hotel Sutter
Parking Lot Yellow 38 2 NC NC
53 Spanish
North side-Hotel Sutter
Parking Lot Red 50 NC NC
54 Spanish
North Side-Vacant Lot &
Le Moulet Rouge Red 260 NC NC
55 Keyes S Side @ Spanish Red 30 Red 30
No Parking signs for
entire south side from
Main to Spanish
56 Keyes S side-Visitor Center Red 75 NC NC
57 Keyes N side-Bella Grace Red 125 NC NC
58 Keyes N Side @ Spanish Red 25 NC NC
59 Spanish W Side-Keyes/Spanish Red 63
Hydrant-on
pavement NC NC
60 Spanish
E/Side north of
Keyes/Spanish Red 85 Red 10
Reduce to Red 10 feet
from corner. Remove
Red 21' from driveway
north in front of 42
Spanish
2 61 43-49 Spanish
Around water meter in
street Red 6 None Remove Red
62 Spanish St
W Side-Hayden
Alley/Spanish Red 30 Hydrant NC NC
63 Spanish St
NE Corner-Hayden
Alley/Spanish Red 20 NC NC
64 Spanish St
SE Corner-Hayden
Alley/Spanish Red 30 NC NC
East Side of The City
65 Randolph N Side-Buffalo Chips Red 27 NC NC
66 Boston Alley W side-1850 Wine Tasting Red 15 NC NC
67 Randolph S Side-Backroads Red 32 NC NC
68 Boston Alley W side-Garage Red 15 NC NC
69 Boston Alley W side Red 235 NC NC
70 Eureka N Side Yellow 30 2 Red 30 Convert Yellow to Red 71 Eureka N Side-Cavana's Red 86 NC NC
72 Eureka S side-Unique Boutique Red 120 NC NC
73 Eureka W Side of City Lot Red 16 NC NC
74 Eureka E Side of City Lot Red 17 NC NC
Street side of Handicap
Parking spot = 6'x18'.
Not big enough for a
parking space.
75 44 Eureka Residence front Red 32 NC NC
76 Eureka SE/Side Eureka @ Broad Red 18 On wall None 18 Remove Red 1 77 Eureka N side between 50 and 64 Red 10
Add for Walk Bridge
entrance
78 Eureka NE Side @ Broad Red 10 Add red zone -1
79 Eureka NW Side Eureka @ Broad Red 25 NC NC
80 15 Eureka Gallery 10 Yellow 20 2 NC NC
81 15 Eureka Gallery 10 Red 10 NC NC
82 Boston Alley E side Gallery 10 Red 192 NC NC
83 52 Boston Alley Around water meter in Red 11 None Remove Red 84 Boston Alley SE side-Residence Red 20 NC NC
85 Randolph SE Front-Residence Red 16 NC NC
ATTACHMENT A
RED, YELLOW, GREEN, AND BLUE PARKING DESGNATIONS
MAP ID.
STREET
ADDRESS
STREET
NAME
CURRENT BUSINESS
NAME Color
Length
(Feet)
Time
Req. * DESCRIPTION
Curb
Color
Reco.
Length
(Feet) DESCRIPTION
Spaces
Gain or
Loss
EXISTING CONDITIONS RECOMMENDATION
86 Randolph
NE front-Monteverde
General Store Red 12 NC NC
87 Boston Alley
NE side-Monteverde
General Store Red 52 NC NC
88 121 Broad AWA Vault Red 21 NC NC
89 110 Broad Primary School Red 30 NC NC
90 110 Broad Primary School Yellow 145 2 NC NC
91 Cole
NW side of Cole @
Randolph Red 30
On retaining
wall NC NC
92 50 Broad E/Side @ Broadway Red 25 Hydrant NC NC
93 50 Church In front of Residence Red 35 NC NC
94 Church
Front of Minnie Provis
Park Yellow
10x30
Striped Loading Zone NC NC
95 35 Church Front of AT&T Bldg Red 10 NC NC
MAP TITLED "OLD HWY 49/VALLEY VIEW WAY DETAIL - CURB LOCATIONS #96-115" 96 Raylan North Side Red 89 NC NC
97 Raylan South Side Red 87 NC NC
98 Old Hwy 49 Signs / Red
Add signs "No Parking"
between New Hwy 49 to
Sutter Hill Rd on both
sides. Loose apartment
pkg. -4
99 15 Bryson
N/Side in front-Gold
Quartz Inn Yellow 100 2 NC NC
100 15 Bryson
N/Sidetransformer/dumpster Red 60 NC NC
101 Corner
SW Corner-Bryson/Del
Vista Red 40 NC NC
102 Corner
SE Corner-Bryson/Del
Vista Red 125 NC NC
103 116 Valley View Sutter Hill Apts Red 25 Hydrant NC NC 104
NE corner Bowers/ Valley
View Red 35 Hydrant NC NC
105 Bowers Drive
NE side @Pinewoods Apt
driveway Red 20 Hydrant NC NC
106 Bowers Drive
E/Side Bowers @
Academy Red 20 Hydrant NC NC
107 Academy Dr. X-From 75 Academy Way Red 20 Hydrant NC NC 108 Academy Dr.
SE Corner
Independence/Academy Red 55 NC NC
109 Independence
NE Corner
Independence/Academy Red 55 NC NC
110 Independence
E/Side Independence @
Dead End Red 60 NC NC
111 525 Independence
NW/Side IndependenceHS Red 35 Hydrant NC NC
112 525 Independence SW/Side Independence-HS Red 45 NC NC 113 525 Independence W/Side in front of HS Yellow 200 2 NC NC 114 525 Independence
NW/Side IndependenceHS driveway Red 35 NC NC
115 525 Independence
SW/Side Independence @
Academy Red 45 NC NC
MAP TITLED "SUTTER-IONE RD. DETAIL - CURB LOCATIONS #116-117" 116 Corner NE corner-Sutter-Ione Red 80 NC NC
117 Corner NW corner-Sutter-Ione Red 70 Hydrant NC NC
ATTACHMENT A
RED, YELLOW, GREEN, AND BLUE PARKING DESGNATIONS
MAP ID.
STREET
ADDRESS
STREET
NAME
CURRENT BUSINESS
NAME Color
Length
(Feet)
Time
Req. * DESCRIPTION
Curb
Color
Reco.
Length
(Feet) DESCRIPTION
Spaces
Gain or
Loss
EXISTING CONDITIONS RECOMMENDATION
MAP TITLED
118 Greenstone Terrace
E of Church St- across
from Cribbs Field Red
19 MUNICIPAL PARKING LOTS
Spot Types ** Spaces
Time
Req. *
City Hall/Auditorium 1 handicap, 4 police 29 12
Eureka Street 1 handicap 24 3 9 AM -6 PM 7 days
Boitano/Gopher Flat 1 handicap 38 6 9 AM -6 PM 7 days
Violich/Gopher Flat/Main 1 handicap 17 3 9 AM -6 PM 7 days Miners Bend- North of the park 32 6 9 AM -6 PM 7 days
Miners Bend Parking - Adjacent to park 1 9 AM -6 PM 7 days TOTAL 140
**Included in total spaces
18.48.050 - Parking standards. The following standards shall apply to off-street parking: A. Disabled/handicapped parking spaces and accessible path of travel shall be provided as required by the Americans with Disabilities Act and Title 24 of the California Administrative Code. B. Parking areas shall provide suitable maneuvering room so that vehicles enter and leave a parking lot in a forward direction. C. The minimum parking stall dimensions shall be 18 long and 9 feet wide, except for parallel parking stalls which shall be at least 24 feet long. D. The minimum aisle width shall be twelve feet per travel lane. E. All parking spaces, aisles, approach lanes and maneuver areas shall be paved with asphaltic concrete or concrete and shall be clearly marked with directional arrows and lines. F. Parking lots shall have a maximum slope of five percent measured in any direction. G. Tandem parking may be allowed to satisfy off-street parking requirements for single-family dwellings, duplexes, second unit dwellings, and bed and breakfast inns.
*11.24.060 - MC Curb painted yellow. It is unlawful for any vehicle except authorized mail or package delivery services and commercial freight hauling delivery trucks unloading or loading freight and merchandise to and from places of business or industrial facilities, to stop or park within any area adjacent to any curb painted yellow, between the hours posted. During the hours of regulation, no vehicle may park in the zone adjacent to any curb painted yellow more than twenty minutes at any one time. "These restrictions shall apply Monday through Friday, excepting Saturdays, Sundays and legal holidays." All street parking on Main Street; from Gopher Flat Road to Badger Road on the west side, and from Gopher Flat Road to Church Street on the east side, change to a threehour time limit between the hours of 9 AM and 6 PM 7 days a week.
X X X X
X X
CHURCH STREET
GREENSTONE TERRACE WOLCOTT APN: 018-190-027 SUMMIT CENTER PROPERTIES LLC APN: 018-190-026 LATHAM APN: 018-190-015 ONET APN: 018-190-030LOPEZ- DELGADILLO APN: 018-190-006 8" PVC
12" PVC
12" PVC 5 - 22'X9' TOP OF CMP
8" CONC. PARKING STALLS PRELIMINARY NOT FOR CONSTRUCTION EX1 SITE PLAN 0 10 20 SHT. 1
REV. No. CHECKED BY: DRAWN BY: SCALE: DATE: PRJ. No.:REV. DATE BY REVISIONSDESCRIPTION CALIFORNIA No. 76594 REGISTERED PROFES IONAL ENGINEER
STATE OF CAL IFORNIA
C I V I L
MATTHEW STEPHEN OSP I TAL 394 E. SAINT CHARLES ST. | PO BOX 251 | SAN ANDREAS, CA 95249 (209 ) 754-1824
GREENSTONE TERRACE EXHIBIT
SUTTER CREEK, CA
AMADOR COUNTY 1020 06/18/2021 KJS MSO
1 2
3 4
5 6 of SHT. 1 AS SHOWN LEGEND: (E) PROPERTY LINE (E) EDGE OF PAVEMENT (E) STORM DRAIN (E) SWALE (E) FOG LINE (E) STORM DRAIN MANHOLE (E) AC PAVEMENT (P) AC PAVEMENT SYMBOL: DESCRIPTION:
-15
-10
-5
0 5
10 -15
-10
-5
0 5
10 0+00 0+50
24.8'
-1.3%
14.4'
15.8' 9.0'
ROW
(P) ROAD (P) PARKING
(E) ROAD
SECTION A-A
TYPE "F" 4" HMA DIKE
3" ASPHALT CONCRETE
9" COMPACTED
AGGREGATE BASE
HORZ. SCALE: 1" = 10'
VERT. SCALE: 1" = 5'
00082347.2 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF SUTTER CREEK
REGARDING OUTDOOR DINING IN PUBLIC RIGHTS-OF-WAY
Section 1
Chapter 13.28 is added to the City of Sutter Creek Municipal Code as follows:
13.28.010 Purpose.
This chapter establishes uniform regulations and operational standards for outdoor dining in public rights-of-way. These outdoor dining regulations are intended to ensure public safety and welfare, protect public property, and promote the attractive use of outdoor dining barriers and fixtures. The purposes of these regulations are also to:
A. Assist property owners and tenants establishing outdoor dining areas in the public right-of-way;
B. Preserve historic and scenic attributes of the City; C. Protect public safety and maintain accessibility of the sidewalk or street; D. Encourage outdoor dining area designs that provide a compatible design relationship, spacing, and location relative to other improvements in the public right-of-way; E. Encourage new business development and facilitate the expansion of existing businesses;
F. Maintain meaningful public circulation;
G. Create a dynamic and lively atmosphere by encouraging attractive and functional designs for outdoor dining.
13.28.020 Definitions.
As used in this Chapter, the following terms shall be defined as follows:
A. “Barrier” means a physical structure, whether permanent or temporary, installed to separate the outdoor area of a business establishment where alcoholic beverages may be consumed from areas where alcoholic beverages may not be consumed.
B. “Business establishment” means any business for which a business license has been issued in accordance with Chapter 6.04 of this Code and where food and/or beverages are served for purchase by customers or patrons. If the business serves alcoholic beverages, it is not 00082347.2 2
a business establishment within this definition unless it serves both food and alcoholic beverages for purchase by customers or patrons.
C. “Outdoor dining” means the use of any right of way for the service of food and/or beverages to customers seated at tables adjacent to a business establishment. For purposes of this Chapter, service of food or beverages occurs adjacent to a business establishment if the service area is contiguous with a building wall the business lawfully occupies for any indoor area of its business establishment.
D. “Outdoor encroachment license” means a license issued in accordance with this Chapter.
E. “Right of way” means any public sidewalk, court, plaza, alley, or street for which the city has ownership in fee, an easement, or a possessory interest.
13.28.030 Outdoor encroachment license required.
No owner or operator of a business establishment shall occupy any portion of any right of way for outdoor dining without first obtaining an outdoor encroachment license in accordance with this Chapter.
13.28.040 Authority to issue outdoor encroachment licenses.
The City Manager is hereby authorized to issue outdoor encroachment licenses to owners or operators of business establishments. The City Manager shall have the authority to deny any outdoor encroachment license application if its issuance is determined to be detrimental to the public health, safety, or public welfare. The decision of the City Manager may be appealed to the City Council in accordance with Chapter 2.53 of this Code.
13.28.050 Application for outdoor encroachment license.
A. Every owner or operator of a business establishment that desires to provide outdoor dining in a right-of-way shall apply for an outdoor encroachment license on an application form provided by the City Manager.
B. Each application shall be accompanied by a space-use plan showing the location, number, and arrangement of all proposed tables, chairs, barriers, fixtures, planters, umbrellas, heaters, lighting, and signage. The plan shall also show the location of the entrance to the establishment, and the location of any existing sidewalk obstructions in and adjacent to the proposed area to be occupied by the tables and chairs. Trees and/or tree wells, traffic signs, planters, lamp posts, balcony posts, fire hydrants, parking meters, benches, barriers delimiting the dining area, and all similar obstacles shall constitute obstructions. The space-use plan shall be drawn neatly and accurately to scale, or the application will not be accepted for processing. Any deviations from the originally submitted space-use plan must also be submitted to the City for processing.
00082347.2 3
C. Each application shall be submitted in accordance with the following requirements:
1. The application fee amount shall be as set forth from time to time by resolution of the City Council. This fee includes actual costs for review and processing of the application, as well as pre-inspection and post-inspection of the outdoor dining area.
2. The application must be signed by the business owner or operator and property owner.
3. Prior to approval of the application, the applicant must submit proof of insurance consistent with Section 13.28.090.
4. The applicant must submit a copy of the applicant’s current City of Sutter Creek business license and/or permit, California Department of Alcoholic Beverage Control permit, if applicable, and any and all Amador County Health Department permits.
5. Establishments that serve alcoholic beverages in the outdoor dining area shall provide a physical barrier that meets the requirements of this Chapter and of the Alcoholic Beverage Control Board.
6. A removal deposit shall be submitted at the time of application where a fixed barrier is proposed or required. If, at the time of cessation of outdoor dining use and/or revocation of outdoor encroachment license, the barrier is removed by the business owner or other responsible party, and such removal is confirmed by a City inspection, any removal deposit will be refunded, except that the City’s inspection costs shall be deducted from the amount refunded. The deposit will also be refunded if the outdoor encroachment license is denied. Existing licensees shall not be required to post a removal deposit unless a new or revised license is required.
13.28.060 Issuance of outdoor encroachment license.
No license shall be issued until the applicant has complied with the City of Sutter Creek Municipal Code and other applicable City standards, as such standards may be amended from time to time.
13.28.070 Indemnification for use of public property.
The licensee shall indemnify, defend and hold harmless the City, its officials, officers, agents and employees from any and all claims, causes of action, losses, injuries or damages arising directly or indirectly from the negligent acts, errors or omissions of the license holder, its officers, agents, employees, customers, patrons, invitees, guests, or anyone rendering services on its behalf. This indemnity shall include all reasonable costs and attorney fees incurred in defending any action covered by this section.
00082347.2 4
13.28.080 Conditions and restrictions pertaining to outdoor encroachment licenses.
A. Location, Dimensions, and Design:
1. Sidewalk Minimum Clear Path. Every outdoor dining area shall at all times maintain a minimum of five (5) consecutive feet of sidewalk width constituting a clear and continuous path to ensure adequate space for pedestrian traffic on the adjacent sidewalk. The minimum width stated above must be free of all obstacles and obstructions for a clear path of travel. For the purpose of minimum clear path, traffic signs, trees, street furniture, balcony posts, trash receptacles, landscape features (including planter boxes and pots) and all similar obstacles shall constitute obstructions.
2. Ramps and Driveways. Outdoor dining areas must not impede the use of ramps or driveways for ingress or egress of vehicles or bicycles.
3. Building Access. No element of the outdoor dining area may interfere with access to any building, including all paths of travel or exits.
4. Egress From Business Establishment. A clear path of travel from the doors of the business establishment to the sidewalk and street must be provided. The width of the clear path of travel shall be no smaller than the width of the business establishment door(s) and no less than three (3) feet.
5. The owner or operator of the business establishment is solely responsible for ensuring that the design of the outdoor dining area meets all the requirements of the Americans with Disabilities Act, and nothing in this Chapter, and no outdoor encroachment license shall be deemed to be authorization for any improvement, structure, or design that would not meet the minimum accessibility requirements of that Act and its implementing regulations and guidelines.
B. Fixtures and Barriers.
1. Barriers are optional unless alcoholic beverages are served in the outdoor dining area.
2. Barrier Height. Barriers shall maintain a minimum height of forty-two (42) inches and a maximum height of forty-eight (48) inches.
3. Barrier Materials. Barriers must be constructed of decorative metal (aluminum, steel or iron), must be black, and must be vertically or horizontally spaced with open slatted design. Barriers shall not be permanently attached to the sidewalk, 00082347.2 5
however fixed in place, with a design approved by the City Manager.
4. Architectural Standards. Any improvements licensed to exist on any right-of-way shall comply with design standards the City has adopted as of the time of application and receive design clearance from the City’s Design Review Committee.
5. Fixtures (such as chairs, planters, and tables) may remain in the outdoor dining area during non-business hours only if secured so as to prevent removal from the premises and in a manner that ensures public safety. However, fixtures shall not be secured through any means that requires drilling or bolting into any portion of any City right-of-way.
6. Upon discontinuation of use of the outdoor dining area or the adjacent associated business, any and all items used to secure the tables and chairs (bolts, screws, etc.) shall be removed.
7. Barriers shall not be attached to the adjacent building unless authorized by building owner and approved by the City Manager.
8. Licensed fixtures must be completely contained within the approved outdoor dining area and shall be limited to tables, chairs, planters, umbrellas, and heaters.
C. Tables and Chairs.
1. Tables and chairs shall be of commercial restaurant grade.
2. Materials for tables and chairs shall be metal or wood, and their color shall be either brown or black.
D. Planters.
1. Planters may be used in the outdoor dining area for décor but may not be used as a barrier. Planters shall not exceed a height of thirty-two (32) inches above the sidewalk. Plants shall not exceed a height of seventy-two (72) inches (six feet) above the sidewalk and shall not create a line-of-sight obstruction.
2. Planters shall contain plant materials in healthy condition. Planters may contain lush trailing plants, annuals, and perennials, that accentuate the ambiance of the outdoor dining space. Cacti are not permitted, nor are plastic and silk plants.
3. Planters shall have a self-contained watering reservoir system that prevents any leakage onto the sidewalk.
4. Planters may be attached to barriers.
00082347.2 6
5. Debris or litter caused by landscape plants, in the outdoor dining area, shall be cleaned up regularly by the licensee or property owner E. All signage in the outdoor dining area shall be permitted separately pursuant to Chapter 15.16 of this Code.
F. Umbrellas and Heaters.
1. False or temporary roofs, coverings, and canopies are not permitted.
2. Umbrella colors shall be coordinated with the City’s seasonal schemes or be solid black, and shall be maintained in good condition and proper working order.
3. Umbrellas must not extend into the path of traffic or impede the line of sight for motorists, bicyclists, or pedestrians.
4. Heaters must be a part of the approved license.
G. Lighting.
1. Adequate lighting for outdoor areas must be provided by the outdoor encroachment license holder to ensure the safety of customers and pedestrians. Lighting shall be maintained in good working order
2. Lighting shall be “soft” in appearance and adhere to the City’s design standards.
H. Maintenance and Operation Standards
1. The outdoor dining area must remain free of litter, food scraps, soiled utensils, and dishes at all times. The licensee shall maintain the tables and chairs in the outdoor dining area in a clean condition at all times. No debris shall be swept, washed, or blown or otherwise allowed to escape into the sidewalk, gutter or street.
2. It is the responsibility of the licensee to keep the sidewalk pedestrian zone clear and unimpeded for pedestrian movement. Movable items, such as barriers, chairs, or tables shall be positioned in accordance with the approved space-use plan at all times outdoor dining occurs.
3. Outdoor dining areas must conform to and comply with all relevant regulations in this Code and all applicable building, fire, and life safety codes, including State laws and regulations.
00082347.2 7
I. Permission to encroach upon a portion of a public sidewalk with tables and chairs granted through issuance of an outdoor encroachment license pursuant to this Chapter shall not constitute a deed or grant of an easement by the City.
J. This ordinance shall not be interpreted to authorize the continuance of, or to legalize, any encroachment onto City sidewalks, rights-of-way, or property existing prior to or on the effective date of this Chapter. As any such encroachments have never been authorized by any portion of this Code or other law, no vested or “grandfathered” right to continue such encroachments shall be deemed to have accrued in any person, business, or entity.
13.28.090 Insurance.
A. Each outdoor dining licensee shall provide evidence of insurance coverage as approved by the City Manager. The licensee shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount per claim and aggregate, of at least two million dollars ($2,000,000), or any greater amount established by the City Manager, covering the property and the licensed area on which the outdoor dining will be located.
B. The City of Sutter Creek, its elected and appointed officials, officers, agents and employees shall be named as additional insureds on this policy. An endorsement must be issued as part of the policy reflecting compliance with this requirement.
C. A certificate of insurance shall contain provisions prohibiting cancellations, modifications, or lapse without thirty (30) days prior written notice to City. Such insurance shall apply as primary insurance and shall stipulate that any insurance maintained by the City shall be in excess of the license holder’s insurance and shall not contribute with it.
D. All new and existing licenses must comply with these insurance requirements.
13.28.100 No representation of suitability
In issuing a license under this Chapter, the City makes no representation as to the suitability of any location for outdoor dining purposes.
13.28.110 Outdoor encroachment license annual renewal.
An annual, non-refundable renewal fee shall be assessed for the costs of reviewing compliance, maintenance, and insurance. The renewal fee shall be in an amount as set forth from time to time by resolution of the City Council.
13.28.120 Revocation of outdoor encroachment license
The City may revoke any outdoor dining encroachment license for non-compliance with any license term, provision of this Chapter, or determination of an unsafe condition. Notice of 00082347.2 8
revocation shall be served by the City Manager on the license holder by personal delivery or by certified mail, return receipt requested. Any person who receives a notice of revocation may appeal the revocation by filing a notice of appeal within 10 days of service of the notice. The appeal shall be governed by Chapter 2.53 of this Code.
Section 2
The City Council determines that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the adoption of this ordinance is not a project, as defined by CEQA, but is instead an administrative action per California Code of Regulations, Title 14, section 15378(b)(2). Even if the ordinance is subject to CEQA, it is nonetheless exempt from that Act pursuant to California Code of Regulations, Title 14, Section 15060(c)(2) and (c)(2) as the activities regulated herein will not result in any direct or reasonably foreseeable indirect physical change in the environment. In addition, the ordinance is exempt under the “common sense” exemption to CEQA, California Code of Regulations, Title 14, Section 15061(b)(3), as it can be seen with certainty that the regulation of outdoor dining on sidewalks, rights-of-way would inherently promote public safety in the use of public places for business activities.
Section 3
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
Section 4
This ordinance shall be published and posted in the manner required by law by the City Clerk.
Introduced at a meeting of the City Council of Sutter Creek on _____________ and enacted by the City Council of the City of Sutter Creek at a regular meeting held on _________________.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Sutter Creek City Council, held on this ____ day of May 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
______________________________
Jim Swift, Mayor
ATTEST:
______________________________
00082347.2 9
Karen Darrow, City Clerk