Sonora Municipal Code § 12.16 Use of Sidewalks

Footnotes:

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Editor's note— Ord. No. 904, § 1, adopted June 16, 2025, amended ch. 12.16 in its entirety to read as herein set out. Former ch. 12.16, §§ 12.16.010—12.16.070, pertained to use of sidewalk for business, and derived from Ord. 339 §§ 1(b)—(h), adopted 1964.

State Law reference— For statutory provisions authorizing cities to prevent encroachment and obstruction of city streets, see Gov. Code § 38775.

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, 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, 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. No. 904, § 1, 6-16-2025)

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

"Encroachment" means the temporary or permanent nonexclusive use of a public right-of-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.

"Encroachment permit" means any permit issued by the community development director to a qualifying business operating in the building adjacent to the public right-of-way where services are occurring.

"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.

"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 right-of-way or easement primarily dedicated to travel, now or hereafter existing within the city.

"Qualifying business" means any business establishment that will operate both indoors and outdoors in compliance with local and state regulations.

(Ord. No. 904, § 1, 6-16-2025)

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 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.

(Ord. No. 904, § 1, 6-16-2025)

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 eight 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 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. No. 904, § 1, 6-16-2025)

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. No. 904, § 1, 6-16-2025)

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, 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.

C. A copy of the policy or certificate of insurance evidencing the insurance coverage shall be filed with the city clerk.

(Ord. No. 904, § 1, 6-16-2025)

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. No. 904, § 1, 6-16-2025)

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 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 ten 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.

(Ord. No. 904, § 1, 6-16-2025)

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

(Ord. No. 904, § 1, 6-16-2025)

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.

(Ord. No. 904, § 1, 6-16-2025)