ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF COTATI ADOPTING AMENDMENTS TO TITLE 17 (LAND USE) OF THE COTATI MUNICIPAL CODE TO SUPPORT URBAN AGRICULTURE BY AMENDING TITLE 17 LAND USE BY AMENDING SECTIONS 17.22.020 ALLOWABLE LAND USES; 17.36.050 PARKING AND LOADING, NUMBER OF PARKING SPACES; 17.42.040 ANIMAL KEEPING;
17.42.130 OUTDOOR DISPLAYS AND SALES; 17.42.160 RESIDENTIAL ACCESSORY USES AND STRUCTURES; AND 17.90.020 DEFINITIONS; ADDING SECTIONS
17.42.062 COMMUNITY GARDENS AND 17.42.067 CROP PRODUCTION, HORTICULTURE, ORCHARD, VINEYARD; AND CHANGING THE ZONING OF 175 W. SIERRA AVENUE (“THE VERONDA-FALLETTI RANCH PROPERTY”) FROM
NEIGHBORHOOD, LOW DENSITY (NL), TO OPEN SPACE, RECREATION (OSR) WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, on March 24, 2015, the City Council adopted the General Plan, which includes several goals related to local food production, access to healthy food, and small-scale urban agriculture; and
WHEREAS, adoption of changes to the Cotati Land Use Code are necessary to implement the General Plan with regard to these goals; and WHEREAS, in Fall 2021, the City Council directed staff to prepare draft amendments to the Land Use Code regarding urban agriculture; and
WHEREAS, City staff has researched available information regarding facilitation of urban agriculture and local food production and the related goals contained in the General Plan, and prepared draft amendments to the Cotati Land Use Code to facilitate urban agriculture in the city; and
WHEREAS, one of the purposes of Title 17 of the City’s Municipal Code is to ensure that the General Plan may be implemented; and
WHEREAS, one of the purposes of the City’s Municipal Code is to codify which land uses are allowed and set the standards for said land uses in order to preserve the quality of life in Cotati; and
WHEREAS, based on the record, the City Council finds that the proposed zoning code amendments are consistent with and facilitate the implementation of the General Plan.
WHEREAS, on March 7, 2022, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed amendments to Title 17 of the Cotati Municipal Code. After reviewing and providing some direction to staff, the Commission voted to approve Resolution No. PC 2022 – 2 recommending adoption of an Ordinance to amend the Code to promote urban agriculture to the City Council.
WHEREAS, on March 22, 2022, the City Council of the City of Cotati held a duly noticed public hearing, received the staff report and reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the item prior to taking its action on the item.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:
SECTION 1: Recitals.
The above recitals are true and correct and are incorporated into the findings herein.
SECTION 2: Record
The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the 2015 General Plan, 2) the FEIR certified for the 2015 General Plan, and 3), all staff reports, City files and records and other documents prepared for and/or submitted to the City Council related to adoption of a Zoning Code amendment promoting urban agriculture.
SECTION 3: General Plan Consistency
The Council of the City of Cotati does hereby find that the proposed ordinance to amend the Land Use Code to facilitate urban agriculture is in the best interest of the City because it furthers established goals, policies, and implementation programs of the General Plan to promote local food production, access to healthy food, and urban agriculture.
Specifically, these amendments are consistent with and implement the following General Plan policies and programs:
GOAL CHW 3: Ensure All Residents Have Convenient Access to Healthy and Nutritional Food Options.
Objective CHW 3A: Increase the Availability and Variety of Healthy Food Options Policy CHW 3.1: Promote the availability of fresh fruits and vegetables and healthy foods and support a wide range of healthy food sources.
Policy CHW 3.2: Encourage sustainable local food systems including farmer’s markets, community gardens, edible school yards, community supported agriculture, neighborhood garden exchanges, urban agriculture, federal food assistance programs, and healthy food retailers.
Policy CHW 3.3: Recognize that urban agriculture has the potential to supplement the availability of fresh fruit and vegetables in the community, provide economic opportunities to Cotati residents, lower food costs, reduce overall energy consumption and build social cohesion. Action CHW-3d:
Work with appropriate local agencies, service providers, non-profits, community groups and regulatory agencies to explore the potential for creating, expanding and sustaining local urban agriculture, including community gardens, and orchards. The work effort should explore the feasibility of implementing the following strategies:
• Promoting urban agriculture as a desirable civic activity that improves the quality of urban life, food security, neighborhood safety and environmental stewardship; • Supporting the development of appropriate agriculture in residential, industrial, business, and open space zones;
• Support farm to institution (such as schools, hospitals, nursing homes, daycare centers) and businesses (such as restaurants and food outlets), while creating economic opportunities for urban growers and related industries; • Support efforts of local gardening organizations to promote the development and expansion of family and community gardens as well as edible landscaping; • Encourage and promote local garden food exchanges and local food cooperatives; and • Work with representatives of local farming organizations to meet needs unique to urban farm enterprises.
GOAL CON4: Protect and Preserve Cotati’s Historic and Cultural Resources Objective CON 4B: Protect Important Historic Resources and Use these Resources to Promote a Sense of Place and History in Cotati.
Policy CON 4.6: Encourage historic resources to remain in their original use whenever possible.
The adaptive use of historic resources is preferred, particularly as museums, educational facilities, or visitor-serving uses, when the original use can no longer be sustained. Older residences may be converted to office/retail use in commercial areas and to tourist or business use, so long at their historical authenticity is maintained or enhanced.
Objective EV 1A: Diversify the Local Economy.
Policy EV 1.1: Attract and retain economic sectors in which Cotati has competitive advantages, and capitalize on these strengths in order to diversify local economic activities.
Policy EV 1.12: Encourage the growth of new commercial enterprises within appropriately zoned areas while maintaining the stability of existing commercial businesses.
Policy LU-2.9: Encourage a concentration of neighborhood, community, and retail amenities and services within walking distance of residential areas.
Policy LU 3.14: Provide new opportunities for community gathering and social interaction through park facilities, community centers, cultural/art facilities.
Policy OS 1.3: Protect rural (Agricultural and Rural Residential) and natural open space lands from urbanization.
SECTION 4: Compliance with the California Environmental Quality Act.
The Council of the City of Cotati does hereby find that the proposed ordinance to amend the Land Use Code to promote urban agriculture, is consistent with the program Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update that was certified on March 24, 2015 (Resolution Number 2015-11), and pursuant to Section 15168 of the CEQA Guidelines, as such no further environmental review is required.
SECTION 5: Amendment to the Cotati Municipal Code. Section 17.22.020 Allowable Land Uses is amended, as follows:
Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Permit Required by District
Land Use(1) Specific
OSC OSR RR RVL NL NM NU Use
Regulations
Agricultural and Open Space Uses
Agricultural accessory structure MUP MUP P P – – – 17.42.020 Animal keeping S S S S S S S 17.42.040
Crop production, horticulture, orchard, P P P P – – – 17.42.067 vineyard
Plant nursery – MUP UP – – – –
Winery, small scale – – UP(2) – – – –
Industry, Manufacturing and Processing,
Wholesaling
Artisan/craft product manufacturing – MUP UP(3) – – – – Recreation, Education and Public Assembly Uses
Community garden P P P P P P P 17.42.062
Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Land Use(1)
Permit Required by District
OSC OSR RR RVL NL NM NU
Specific Use
Regulations
Equestrian facility – UP UP – – – –
Meeting facility, public or private – MUP – – UP UP UP
Park UP P P P P P P
Playground – P P P P P P
Private residential recreation facility – – – UP UP UP UP School – Elementary, middle, secondary – – – UP UP UP – Residential Uses
Accessory dwelling unit – – P P P P P 17.42.170
Caretaker quarters MUP MUP – – – – –
Cottage housing – – – – S S S 17.42.125
Home occupation – – P P P P P 17.42.080
Junior accessory dwelling unit – – P P P – – 17.42.170
Mobilehome park – – UP UP UP UP UP 17.42.110
Mobile/manufactured home – – P P P P P 17.42.110
Multifamily housing, 2 units – – – – UP P P 17.42.120
Multifamily housing, 3 or 4 units – – – – – UP P 17.42.120 Multifamily housing, 5 to 9 units – – – – – UP UP 17.42.120 Multifamily housing, 10 or more units – – – – – – UP 17.42.120 Multifamily housing, up to 100 units with – – – – – – P 17.42.120 Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
25% affordable
Organizational house (sorority,
monastery, etc.)
– – – – – – UP
Residential accessory use or structure – – P P P P P 17.42.160 Residential care facility for the elderly
(RCFE)
– – UP UP UP UP UP
Residential care, 11 or more clients – – UP UP UP UP UP Residential care, 6 or fewer clients, in a
single-family dwelling
– – P P P P P
Residential care, 7 to 10 clients – – UP UP UP UP UP
Residential component of a mixed use 17.42.100
project
– – – – UP UP UP
Rooming or boarding house – – – – – – UP
Single-family dwelling – – P P P UP(4) UP(4)
Retail Trade
Accessory retail and services – – – – UP UP UP
Convenience store, 1,200 sq. ft. or less – – – – UP UP UP Farmers market – MUP – – – – –
Produce stand MUP MUP MUP MUP – – – 17.42.130
Services – Business and Professional
Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Permit Required by District
Land Use(1) Specific
OSC OSR RR RVL NL NM NU Use
Regulations
Medical services – Extended care – – – – – UP UP
Office – Accessory – P P P P P P
Services
Adult day care – 6 or fewer clients – – P P P P P
Adult day care – 7 to 14 clients – – UP UP UP UP UP
Adult day care – 15 or more clients – – UP UP UP UP UP
Child day care – Small family day care – – P P P P P
home
Child day care – Large family day care – – P P P – – 17.42.060 home
Child day care – Day care center – MUP – – – UP UP 17.42.060 Kennel, animal boarding – – UP – – – –
Lodging – Bed and breakfast inn (B&B) – – UP UP – – – 17.42.050 Table 2-3
Allowed Land Uses and Permit Requirements for Mixed Use Corridors and Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Permit Required by District
Land Use(1)
CE CG CD CI IG PF Specific Use
Regulations
Industry, Manufacturing and Processing, Wholesaling
Agricultural product processing – – – P P –
Artisan/craft product manufacturing MUP MUP MUP P P – See Note 5 Below
Brewery – Brew pub MUP MUP MUP – – –
Brewery – Production – – – UP UP –
Construction contractor – – – – UP –
Food and beverage product manufacturing – – – – MUP MUP Furniture and fixtures manufacturing,
cabinet shop
– – – P P –
Industrial research and development – MUP – P MUP –
Laboratory – Medical, analytical, research
and development
P P – P MUP –
Laundry, dry cleaning plant – – – – UP –
Manufacturing/processing – Light – – – MUP P –
Manufacturing/processing – Medium
intensity
– – – MUP MUP –
Manufacturing/processing – Heavy – – – – UP –
Media production P P – P P –
Printing and publishing UP UP – P P –
Table 2-3
Allowed Land Uses and Permit Requirements for Mixed Use Corridors and Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Permit Required by District
Land Use(1) Specific Use
CE CG CD CI IG PF Regulations
Recycling – Reverse vending machine MUP MUP – – – –
Recycling – Small collection facility UP UP – UP P – 17.42.150 Recycling – Medium collection facility – – – UP UP – 17.42.150 Storage – Outdoor – – – UP UP – 17.42.140
Storage – Personal storage facility (mini- – – – – – –
storage)
Storage – Warehouse, indoor storage – – – UP – –
Wholesaling and distribution – – – UP UP –
Winery – Boutique – UP – MUP MUP –
Winery – Production – – – MUP MUP –
Recreation, Education and Public Assembly Uses
Adult-oriented business – – – – S – 17.40
Commercial recreation facility – Indoor – UP P – P – –
5,000 sq. ft. or less
Commercial recreation facility – Indoor – UP MUP – UP – – More than 5,000 sq. ft.
Commercial recreation facility – Outdoor – – – UP – –
Community Garden P P P P P P 17.42.062
Table 2-4
Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
PERMIT REQUIRED BY DISTRICT Specific Use LAND USE(1)
HC LP NG CA Regulations
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Commercial recreation facility – Indoor MUP – MUP MUP
Community Garden P P P P 17.42.062
Conference/convention facility – – UP(2) UP
Health/fitness facility UP(2) – P P
Library, museum P – P P
Meeting facility, public or private – UP UP(2) UP
Park, Playground P P P P
School – Specialized education/training UP – UP UP
Studio – Art, dance, martial arts, music, etc. P P P P
Theater (cinemas or performing arts) MUP – P P
RESIDENTIAL USES
Accessory dwelling unit P P P P 17.42.170
Emergency/transitional shelter S S S S 17.42.072
Home occupation P P P P 17.42.080
Live/work unit P P P P 17.42.090
Residential component of a mixed use project P P P P 17.42.100 Residential care facility for the elderly (RCFE) – UP UP UP SECTION 6: Amendment to the Cotati Municipal Code. Section 17.36.050 Parking and Loading, Number of parking spaces required is amended, as follows:
Table 3-7
Parking Requirements by Land Use
Land Use
Type: Vehicle Spaces Required
Produce 3 spaces minimum or 1 space for each 250 sq. ft., whichever results in a greater stands number of spaces. The spaces shall be located at least 20 feet off the public right-of- or other way or 20 feet from the front property line with no vehicle maneuvering allowed in outdoor the public right-of-way. The use permit may require additional parking, depending on vendors the nature of the sales proposed.
SECTION 7: Amendment to the Cotati Municipal Code. Section 17.42.040 Animal Keeping is amended, as follows:
17.42.040 Animal Keeping.
Animal keeping within the city shall comply with requirements of this section, and shall occur only where allowed by Chapter 17.22 (Allowable Land Uses), and this section. The provisions of this section are intended to assist in maintaining the city’s semirural character while ensuring that animal keeping does not create adverse impacts on adjacent properties by reason of bright lights, dust, insect infestations, noise, odor, or visual blight.
A. Pre-Existing Uses. Any legally established animal keeping use that became nonconforming upon adoption of this land use code shall be permitted to continue subject to Chapter 17.82 (Nonconforming Uses, Structures, and Parcels).
B. Allowable Animal-Keeping Activities and Permit Requirements.
1. Activities and Permit Requirements. Animal keeping, including related animal husbandry is allowed only in compliance with the limitations on use and permit requirements in Table 4-1, and the animal keeping standards in subsection C of this section. The keeping of imported animals may require approval by the U.S. Department of Agriculture Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game, and/or the California Department of Food and Agriculture, in addition to any city approval required by this section.
Table 4-1
Allowable Animal-Keeping and Permit Requirements
Permit Requirement by Zoning District
Type of Animal
OSC RR RVL Other Zone Allowing Residential Use
Aviary (keeping of birds P P P –
other than fowl or poultry)
Beekeeping (for plant P P P –
pollination and/or honey
production)
Boarding or breeding – MUP – –
kennel
Chickens P P P P in NL district; zoning clearance letter required in NM, NU, and residential uses in all commercial
districts
Dogs and cats P P P P
Fowl and poultry other P P P –
than roosters and chickens
Permit Requirement by Zoning District
Type of Animal OSC RR RVL OthReersi Zodenneti
Aall lUseowi ng
Hogs and swine P P – –
Horses and cows P P MUP –
Roosters P P – –
Other small animals (defined in Table 4-2) P P P P
Other large animals (defined in Table 4-2) P P MUP –
Key to permit requirements:
P Permitted animal keeping, no city approval required for the animal-keeping activity; provided, that it complies with the standards in subsections C through G of this section.
MUP Minor use permit approval required in compliance with Section 17.62.050. – Type of animal or activity not allowed.
2. Minor Use Permit Review. Where Table 4-1 requires a minor use permit for keeping a specified animal type, the purpose of the discretionary review shall include evaluation of how the proposed animals will be housed and/or confined, and whether the location, size, and design of the area on the site for animal keeping will be adequate to allow compliance with the other standards of this section without unreasonable effort on the part of the animal manager. In approving a minor use permit in compliance with this section, the review authority may limit the maximum number of animals allowed on the site as appropriate to the characteristics of the site, the surrounding land uses, and the species of animals proposed.
C. Animal-Keeping Standards. All animal keeping shall comply with the standards in Table 4-2, where allowed by subsection B of this section, Table 4-1, except that more animals may be allowed by minor use permit.
Table 4-2 AnimalKeeping Standards
Minimum Setbacks(3) Type
of Animal or Facility ofM Aanxiimmualms pNuerm Sibtee(r1 ) Area(2) From Side/Rear From Streets
Minimum Lot
Property Lines and Dwellings
Aviary for birds other 20 per acre 1/2 acre 25 ft. 50 ft. than fowl and poultry
Beekeeping N.A. 1 acre 25 ft. 50 ft.
Boarding or breeding Requirements established by minor use permit approval, and kennel subsection F of this section.
Chickens 20 per site or 12 per No minimum 12 ft. 20 ft. acre, whichever is lot size
greater
Dogs and cats 5 animals total on a None required None required None required site less than 1 acre;
5 of each species on
a site of 1 acre or
more.
Fowl and poultry other 12 per acre 1/2 acre 25 ft. 50 ft. than roosters and
chickens
Hogs and swine 1 per acre 2 acres 50 ft. 100 ft.
Horses and cows 2 per acre 1 acre 25 ft. 50 ft.
Roosters 1 per acre 1 acre 25 ft. 50 ft.
Table 4-2 AnimalKeeping Standards
Minimum Setbacks(3) Type
of Animal or Facility ofM Aanxiimmualms pNuerm Sibtee(r1 ) MinAimreuam(2) Lot From Side/Rear From Streets Property Lines and Dwellings
Other small animals – 4 animals total on a None for 4 or None on a site None on a site Chinchillas, rabbits, site less than 1 acre; fewer of less than 1 of less than 1 nonpoisonous reptiles, 4 of each species on animals; 1 acre; 10 ft. on acre; 25 ft. on a rodents, and other a site of 1 acre or acre for 5 or a site of 1 acre site of 1 acre or nonpoisonous animals of more, where more animals. or more. more. similar size. allowed by Table 4-
1. Other large animals – 4 per acre 1/2 acre 25 ft. 50 feet for Emus, goats, llamas, accessory
miniature horses and structure, none
donkeys, ostriches, pot for pasture.
belly pigs, sheep, and
similar-sized animals.
Notes:
(1) Offspring allowed in addition to maximum number until market-ready; greater numbers of animals than allowed by Table 4-2 may be authorized by minor use permit. (2) Minimum lot area required for the keeping of animals. (3) Minimum setbacks from all property lines for barns, shelters, pens, coops, cages, and other areas and structures where animals are kept in concentrated confinement; but not including areas continuously maintained as pasture. Minimum setbacks from dwellings refers to dwellings located on other parcels. Animals shall not be kept in any required front yard setback except in pasture areas.
D. Maintenance and Operational Standards. All animal keeping shall comply with the following maintenance and operational standards:
1. Odor and Vector Control. All animal enclosures, including, but not limited to, pens, coops, cages and feed areas, shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Manure shall also not be allowed to accumulate within setback areas. Each site shall be maintained in a neat and sanitary manner.
2. Containment. All animals shall be effectively contained on the site, and shall not be allowed to run free on any parcel in a separate ownership or in a public right-of-way.
3. Waterway Protection. The keeping of horses, cattle, fowl, poultry, chickens, roosters, hogs, swine, or other large animals within fifty feet of any waterway shall require minor use permit approval. In addition to the other materials required for a minor use permit application, the applicant shall submit a plan for the protection of the waterway from the polluting effects of runoff from the animal-keeping area. The plan shall provide for regular manure removal, the maintenance of pasture vegetation to minimize the exposure and potential erosion of bare soil, site grading to direct runoff to detention and settling areas rather than the waterway, and/or other measures approved by the review authority.
4. Erosion and Sedimentation Control. In no case shall an animal-keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel or other waterway. In the event sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement.
5. Noise Control. Animal keeping shall comply with the noise standards established by Section 17.30.050, Noise standards.
E. Animal Husbandry Projects. The keeping or raising of the other small animals listed in Table 4- 2 as a 4-H or Future Farmers of America (FFA) project may be allowed with up to twenty-five animals in the RR, RVL, and NL zones subject to minor use permit approval, and compliance with the following requirements, in addition to those in Table 4-2.
1. Application Requirements. The minor use permit application shall include a written agreement of supervision by 4-H or FFA officials, that provides a detailed description of the method to be utilized to control odors and insects.
2. Setback Requirements. Any structures, cages, or shelters required for animal keeping shall not be located within a required front or street side setback, and be set back a minimum of five feet from side or rear property lines.
3. Maintenance. The animal keeping shall comply with all standards in subsection D of this section.
F. Kennels and Animal Boarding. Each kennel and other small animal boarding facility shall comply with the following standards:
1. Minimum Site Area. An animal boarding facility may be approved only on a parcel of two acres or larger.
2. Enclosure Within Building. All animal boarding (sleeping and night-time confinement) shall occur within an entirely enclosed building.
3. Noise Control. The building used for animal boarding shall be insulated, or otherwise constructed and maintained so that no noise from animals within the building is audible to an average person at the property line of the site.
4. Management. A manager of the facility shall be present on the site at all times.
G. Chickens. In addition to the requirements of this section, the keeping of chickens shall comply with the following standards:
1. Commercial Use Prohibited. Except in the RR, RVL, OSR, and OSC zones (where commercial chicken keeping is permissible), the keeping of chickens shall be solely as a non-commercial accessory use to a residential use.
2. Location in Multifamily and Commercial Zoning Districts. Enclosures, coops, cages, and shelters shall generally be located internally on a residential site, and shall not abut a commercially zoned property.
3. Butchering Prohibited. Butchering, slaughtering, or otherwise killing chickens shall be prohibited.
4. Nuisance Prohibited. Noise impacts, odor impacts, and valid vector complaints shall cause the chickens to be deemed a nuisance, and result in this use becoming prohibited at the subject site.
6. Private Common Area Signoff. Where chickens are proposed to be located in a private common area, the private governing organization (e.g., the homeowner’s association) shall provide written consent. (Ord. 823 § 2(C) Exh. C (part), 2009; Ord. 766 § 2 Exh. A (part), 2004) SECTION 8: Amendment to the Cotati Municipal Code. Section 17.42.062 Community Gardens is added, as follows:
17.42.062 Community Gardens.
This section establishes standards for the operation of community gardens, where allowed by Chapter 17.22, Allowable Land Uses. The intent of these provisions is to ensure the compatibility between community gardens and other nearby uses.
A. At no time shall any community garden activity create nuisances with regard to vectors, odor, dust, or noise.
B. The hours of machinery and mechanical equipment operation are limited to 7am-7pm weekdays and 9am-5pm weekends/holidays.
C. A community garden is allowed to operate a seasonal on-site produce stand and/or community supported agriculture element, with sales of seasonal, raw, unprocessed fruits, vegetables, nuts, eggs, or other produce grown on-site, for charitable, nonprofit community benefit purposes only. The hours of produce stand or community supported agriculture activity are limited to 9am-7pm.
SECTION 9: Amendment to the Cotati Municipal Code. Section 17.42.067 Crop Production, horticulture, orchard, vineyard is added, as follows:
17.42.067 Crop Production, horticulture, orchard, vineyard This section establishes standards for development and operation of any activities related to the Crop Production, Horticulture, Orchard, Vineyard land use, where allowed by Chapter 17.22, Allowable Land Uses. The intent of these provisions is to ensure the compatibility between these activities and nearby residential uses.
A. Hours of activity.
1. Hours of machinery and mechanical equipment operation are limited to 7am-7pm weekdays and 9am-5pm weekends/holidays.
2. Hours of business-related traffic are limited to 7am-7pm weekdays and 7am-6pm weekends/holidays.
3. Hours of vehicular loading and departure are limited to 5am-8pm weekdays and 6am6pm weekends.
B. Setbacks. The area used for crop production must meet the following setbacks in all zoning districts: Front - 25’; side interior - 10’; side street - 20’; rear - 20’.
SECTION 10: Amendment to the Cotati Municipal Code. Section 17.42.130 Outdoor displays and sales is amended, as follows:
SECTION 17.42.130 F2: F.
Produce Stands.
1. A produce stand shall not exceed a total floor area of four hundred square feet.
2. In the Rural Residential (RR), Residential Very Low (RVL), and Open Space, Conservation (OSC) zoning districts, incidental items for sale that are not produced at an on-site or adjacent agricultural operation, such as bottled water or packaged snacks, shall not exceed 10% of sales area or gross sales receipts, whichever is less. In the Open Space, Recreation (OSR) zoning district, this limitation is not applicable.
SECTION 11: Amendment to the Cotati Municipal Code. Section 17.42.160 Residential accessory uses and structures is amended, as follows:
17.42.160 E1b:
E. Detached Structures. An accessory structure that is detached from the primary structure shall comply with the following standards, except where subsection F of this section establishes a different requirement for a specific type of accessory structure:
1. Setbacks.
a. Front Setback. An accessory structure shall not be located within a required front setback.
b. Side and Rear Setbacks. An accessory structure with a height of twelve feet or less shall maintain side and rear setbacks of at least five feet.
17.42.160 F3:
3. Greenhouses. An accessory greenhouse may occupy up to four hundred square feet for each dwelling unit in the RR, RVL, NL, NM, and NU zoning districts; or one thousand square feet or five percent of the parcel area, whichever is smaller, in the RR and RVL zoning districts, if the greenhouse is accessory to the operation of an active agricultural operation as allowed by the Crop Production, Horticulture, Orchard, Vineyard land use designation.
SECTION 12: Amendment to the Cotati Municipal Code. Section 17.90.020 Definitions of specialized terms and phrases is amended, as shown in the added definitions, in alphabetical order, as follows:
“Agricultural accessory structure” means a structure for sheltering animals, or agricultural equipment, hay, feed, etc. Examples of these structures include barns, greenhouses and hoophouses, coops, corrals, and pens. Use of such structures for cannabis production is prohibited. Does not include pasture fencing, which requires no city approval when in compliance with Section 17.30.030 (Fences, walls, and screening) of this title. “Community garden” means a site used for growing plants for food, fiber, herbs, flowers, and others, which is shared and maintained by community residents and/or a nonprofit, educational, governmental, or other charitable organization. A community garden is allowed to operate a seasonal on-site produce stand and/or community supported agriculture element, with sales of seasonal, raw, unprocessed fruits, vegetables, nuts, eggs, or other produce grown on-site, for charitable, nonprofit community benefit purposes only.
“Crop production, horticulture, orchard, vineyard” means commercial agricultural production field and orchard uses, including the production of the following, primarily in the soil on the site and not in containers, other than for initial propagation prior to planting in the soil on the site: field crops, flowers and seeds, fruits, grains, melons, ornamental crops, tree nuts, trees and sod, vegetables, and wine and table grapes. Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing, and other accessory activities related to commercial agricultural operations including plant propagation, community supported agriculture, and membership sales, but not including sales sheds, which are instead defined under “Produce stand.” Does not include greenhouses which are instead defined under “Plant nursery,” “Residential accessory use or structure,” and “Agricultural accessory structure,” or containerized crop production, which is instead defined under “Plant nursery.” Does not include noncommercial home gardening, which is allowed as an accessory use in all zoning districts without city approval. “Produce stand” means a business that is accessory to an on-site or adjacent agricultural operation, selling seasonal, raw, unprocessed fruits, vegetables, nuts, eggs, and other produce in its raw or natural state, as well as products made from ingredients grown or produced at an onsite or adjacent agricultural operation. In the Open Space, Recreation (OSR) zoning district, a produce stand may sell products made elsewhere.
SECTION 13: Amendment to the Zoning Map. The property located at 175 W. Sierra Avenue (“Veronda-Faletti Ranch”) is hereby re-zoned to Open Space, Recreation (OSR).
SECTION 14: Construction and severability.
It is the intent of the City Council of the City of Cotati to supplement applicable state and federal law and not to duplicate or contradict such law, and this ordinance shall be construed consistently with that intent. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Cotati hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 15: Effective date.
This ordinance shall take effect thirty (30) days after its adoption pursuant to California Government Code.
SECTION 16: Publication. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.
Approved:________________________________
Mayor
Attest:____________________________
Lauren Berges, City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Lauren Berges, City Clerk
Approved:________________________________
Mayor
Attest:____________________________
Lauren Berges, City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Lauren Berges, City Clerk