Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: 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
Date: March 22, 2022
Written by: Autumn Buss, Associate Planner
Recommendation
It is recommended by the Planning Commission and the Community Development Department that the City Council introduce an ordinance to allow small-scale urban agriculture and food production in various zoning districts throughout the city, and change the zoning of the Veronda-Falletti Ranch property (175 W. Sierra Avenue) from Neighborhood, Low Density (NL), to Open Space, Recreation (OSR).
I. Background
The General Plan includes a number of goals, objectives, and actions to promote local food production, increase access to healthy food, and support urban agriculture in Cotati. For example, the General Plan supports the development of appropriate agriculture in residential and open space zones; strengthening of local food systems including community gardens and community supported agriculture; and diversification of local economic activities.
Current Zoning Code standards, however, include a number of restrictions on uses and activities related to urban agriculture that present challenges to the implementation of the General Plan goals. In Fall 2021, the City Council directed staff to review the City’s Zoning Code for consistency with General Plan goals for promoting urban agriculture and local food production, and to prepare Zoning Code amendments for the Council’s consideration.
On March 7, 2022, the Cotati Planning Commission held a public hearing on the proposed urban agriculture ordinance, and voted to recommend that the City Council adopt the ordinance.
II. Analysis/Discussion
1. The proposed urban agriculture ordinance includes a number of proposed amendments to the Zoning Code. Major components are summarized and discussed below:
A. Allow the Crop Production, Horticulture, Orchard, Vineyard land use as a byright permitted use (P) in the Rural Residential (RR), Residential Very Low Density (RVL), Open Space, Recreation (OSR), and Open Space, Conservation (OSC) zoning districts, allowing for commercial agricultural operations in those zones. · The Crop Production land use is currently only allowed in the RR district, with a Use Permit (UP). The proposed amendment brings RVL into consistency with RR--as both districts have a number of larger properties that could be suited to small-scale agricultural operations--and increases the potential viability of such operations in Cotati by removing the UP requirement.
· The proposed Zoning Code amendment sets forth operating standards for the Crop Production land use to preserve neighborhood character, as follows:
o Hours of machinery and mechanical equipment operation: 7am-7pm weekdays (mirrors construction hour limits set forth in the Code), and 9am-5pm weekends/holidays
o Hours of business-related traffic: 7am-7pm weekdays, 7am-6pm weekends/holidays
o Hours of vehicular loading and departure: 5am-8pm weekdays, 6am-6pm weekends.
o The area used for crop production must meet these setbacks in all zones: Front - 25’; side interior - 10’; side street - 20’; rear - 20’. This mirrors the primary structure setbacks in RR and RVL, and is more permissive than structure setbacks in OSC and OSR.
· The extension of the Crop Production land use to the OSC and OSR zoning districts increases the feasibility of using some open space and park lands for local food production.
· This proposal includes a clarification of allowable activities in the Crop Production land use to include accessory activities such as plant propagation and minor business activities such as community supported agriculture and retail sales, which will make interpretation of the Code easier for residents and increase the viability of small-scale commercial food production.
· Greenhouses, hoophouses, and planting shade covers are currently allowed as residential accessory structures. This proposal would bring the RR and RVL zones into consistency with one another in terms of allowable greenhouse size (400 square feet per dwelling unit; or the smaller of 1,000 square feet or 5% of lot size). · This item also proposes to allow agricultural accessory structures as a land use in the OSC and OSR districts, with a MUP rather than a UP, to support commercial agricultural uses in those zones. This is currently permitted by-right in the RR and RVL zones.
• The proposed changes include adding the Farmers Market and Meeting Facilities land uses with a MUP to the OSR zone, to both expand opportunities for community- serving uses in parks and to address activities that are already taking place in parks. · It is additionally proposed to add the Caretaker Quarters land use to the OSR zone, and allow this use with an MUP in both OSR and OSC, in order to better support potential agricultural operations on properties in these zones. Currently Caretaker Quarters are allowed only in OSC, with a UP.
· Also proposed is to allow the Agricultural Product Processing land use by right in the Commercial/Industrial (CI) zoning district, in keeping with the General Plan policy to bring the CI and the General Industrial (IG) districts into greater consistency with one another. This change may also further promote agriculture-related economic activity in the city.
B. Allow the Produce Stand land use with a Minor Use Permit (MUP) in the RR, RVL, OSR, and OSC zoning districts and amend the parking standards for Produce Stands. · Currently the Produce Stand land use is allowed in the RR zoning district only, by UP.
· The proposed change would bring the RVL zone into consistency with RR, extends this use to the OSR and OSC districts, reduces the administrative burden of approval from a UP to a MUP, and increases the viability of food production on open space lands by adding an additional option for an income stream. · The provisions for Produce Stands would be adjusted to clarify that such businesses must be accessory to an on-site agricultural operation, may sell only products from an on-site or adjacent agricultural operation (RR, RVL, OSR), and that they may operate year-round. In this way, the Produce Stand land use would be closely connected with the Crop Production land use.
• Produce stands in OSR would be allowed to sell items from beyond the subject or adjacent properties, in support of the goal of aggregating produce from local urban agriculture operations to a central point of sale.
• Produce Stands would be subject to the business operating hours set forth in the Crop Production land use (7am-7pm weekdays, 7am-6pm weekends/holidays). · The parking standards for Produce Stands are proposed to be the greater of 3 spaces or 1 space per 250 square feet. The current standard is the greater of 3 spaces or 1 space per 150 square feet.
C. Allow chicken-keeping as a commercial use and increase the allowable number of chickens on a per-acre basis in the RR, RVL, OSR, and OSC zoning districts. · Currently, up to 20 chickens are allowed in all open space and residential districts, regardless of parcel size, and chicken-keeping is defined as non-commercial only. · This amendment proposes to increase the limit on numbers of hens in the RR, RVL, OSR, and OSC districts to the greater of 12 per acre or 20 total, and to allow commercial chicken-keeping in those districts, in order to increase the viability of small local agricultural operations by adding egg production for sale. · This amendment would maintain the current restriction of roosters allowed only in RR and OSC, and allow roosters in OSR.
· Maintenance and operations standards are set forth in the Code, and address setbacks, noise, dust, odor, vectors, waterway protection, and erosion control. Slaughtering or butchering of chickens is not permitted in any zone.
D. Allow the Community Garden Land Use in all zoning districts and expand the definition of Community Garden to include nonprofit, educational, and institutionsponsored gardens and allow seasonal on-site produce stands and community supported agriculture for charitable fundraising purposes. · Community Gardens are currently allowed in residential districts and OSC, but only with Minor Use Permit approval. This provision would allow Community Gardens as a by-right use in all zoning districts in the city, expanding the opportunities for local food production and social connection that community gardens provide. · The proposed permitting of seasonal on-site produce stands and community supported agriculture is intended to increase the viability of community gardens, which are often hampered by limited resources for equipment and materials and/or are intended to provide a charitable community benefit function, such as educational gardens or gardens that grow food for donation.
· Operating standards for Community Gardens in residential zones or on properties abutting residential zones are proposed as follows:
o Hours of produce stand or community supported agriculture activity: 9am-7pm o Hours of machinery and mechanical equipment operation: 7am-7pm weekdays (mirrors construction hour limits set forth in the Code) and 9am-5pm weekends/holidays
o At no time shall any Community Garden activity create nuisances with regard to vectors, odor, dust, or noise.
E. Change the zoning designation of the Veronda-Faletti Ranch property (175 W.
Sierra Avenue) from Neighborhood, Low Density (NL), to Open Space, Recreation (OSR) consistent with the historic operation as a demonstration farm, educational center, and cultural resource for Cotati residents and visitors. • The current zoning of the 3.6-acre Faletti Ranch does not allow the activities that the community has identified as desirable for that site, including farming, animal keeping, community use, and educational activities. Further, the Conservation Easement on the property held by the Sonoma County Agriculture and Open Space District allows for agricultural, historic, educational, and recreational uses only. • Rezoning the property to OSR will allow the City and its contractor, Farmster, to further develop and utilize the property as a demonstration farm and community facility. This preserves a historic and cultural resource in the historic farm property and furthers General Plan goals to provide new opportunities for community gathering through park facilities, protect rural lands from urbanization, and encourage neighborhood and community amenities in walking distance from residential neighborhoods. In addition, Falletti Ranch will further promote urban agriculture by educating and inspiring residents about backyard food gardening, sustainable farming practices, and animal keeping.
• Designation of the property as OSR, and the changes to the OSR zoning district proposed in the draft Ordinance, will allow Faletti Ranch operators to engage in a number of potential activities to increase long-term financial sustainability, including crop production, commercial egg production/sales, a produce stand, community supported agriculture, farm animals, commercial nursery sales, artisan/craft product manufacturing and sales, community events, a farmers’ market, and educational activities including farm tours, school visits, and an on-site day care.
F. Amend the Residential Accessory Uses and Structures section of the Code to standardize the rear and side setbacks required for detached accessory structures at five feet.
· Currently, this section of the Code stipulates that an accessory structure of 10 feet or less in height shall maintain side and rear setbacks of at least five feet. An accessory structure of a height greater than 10 feet, however, must meet the setbacks for the primary structure, which are typically significantly greater than five feet. The maximum height for such accessory structures (with the exception of detached garages) is 12 feet.
· The proposed change standardizes and simplifies the Code such that all detached accessory structures up to 12 feet in height will be subject to side and rear setbacks of at least five feet (excepting garages).
2. Additional Analysis of Proposed Ordinance
A. Types of Properties Affected
The properties most directly affected by the proposed ordinance are in the Rural Residential (RR), Residential Very Low Density (RVL), Open Space, Recreation (OSR), and Open Space, Conservation (OSC) zoning districts, where crop production, produce stands, and commercial chicken-keeping are proposed to be allowed. The RR and RVL zones are primarily located in the south and west areas of the city, in existing areas of lower density and larger residential lot sizes. Many of these properties are fairly small for significant agriculture operations--the minimum lot size is a half-acre for RVL and 1 acre for RR--and only a handful of them are more than 2 acres in size. The few larger parcels range from 5 to 10 acres, and largest of these are located in the RVL zone. Thus, the proposed zoning code changes target those areas where properties are well-suited to small, neighborhood-scale urban farming operations that can diversify the local food system within Cotati. The changes also allow for greater consistency between the RR and RLV zones with regards to agricultural related uses.
B. Local Context
The proposed update to the Zoning Code will generally put Cotati on a par with the other cities in Sonoma County. Currently, many local cities and the County allow crop production and animal keeping without a permit in their lowest density residential zoning districts. A distinction of Cotati’s approach under this proposed change would be to allow crop production specifically as a commercial use in these zones and in extending that land use to park and open space properties. This update would also take the proactive step of allowing low impact business operations to increase the viability of small-scale urban agriculture operations. Specifically, allowing produce stands with a Minor Use Permit, allowing community supported agriculture as an accessory use, and allowing sales of “Cottage Food” products made with produce grown on-site or at an adjacent agricultural operation, which will increase neighborhood integration and diversify local food options.
In addition, the number of hens proposed to be permitted for commercial egg production in certain zones is more progressive than in some other local cities and is intended to further support small-scale food production as a viable livelihood. Finally, the proposed transition to allowing community gardens in all zones, and as by-right rather than with an MUP, is intended to both bring access to land for growing food into the hands of more residents and increase the sustainability of community gardens in the city.
C. Urban Agriculture Policy
Several organizations and residents supporting strong urban agriculture policies in Sonoma County have approached the City requesting changes to the Zoning Code, including in a letter dated August 8, 2021 (attached to the staff report) and in several meetings with staff. Some of the changes that have been requested are addressed in the draft Ordinance, including allowing crop production by-right in RVL; allowing commercial chicken keeping in some zones and increasing the number of chickens allowed on larger properties; allowing produce stands in RVL; allowance of community supported agriculture as accessory to crop production; and adjusting the maximum greenhouse size in RVL and RR.
These organizations have requested farther-reaching changes as well, including allowing commercial crop production, produce stands, and commercial chicken keeping as by- right uses in all zoning districts, and significantly increasing the number of hens allowed per property. The Zoning Code changes proposed by staff would apply the Crop Production land use only to the lowest-density residential zoning districts (RR and RVL), OSC, and OSR, allowing commercial food production to take place on those properties within the city that have development patterns and sufficient acreage for viable small scale farming operations, while maintaining commercial and industrial properties for other uses that benefit the community. The proposal to allow produce stands in these four zones with an MUP is intended to allow for City review of such stands to reduce impacts, and to preserve the character of the denser commercial districts. Finally, the introduction of the right to raise chickens for egg sales in the lowest-density residential and open space zoning districts would allow commercial food production to take place on those properties within the city that both have sufficient acreage and would be allowed to operate produce stands where egg sales would be allowed.
III. General Plan
The proposed Zoning Code amendments and rezoning of the Falletti Ranch property are consistent with a number of General Plan policies that set forth the community’s vision for increased access to healthy food, development of urban agriculture, strengthening the local food system, preservation of historic and cultural resources, creation of neighborhood amenities, and diversification of the local economy. Specific applicable goals include the following:
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.
IV. Planning Commission Review and Recommendation
On March 7, 2022, the Planning Commission reviewed and considered the draft ordinance at a Public Hearing. After hearing the staff presentation and asking some clarifying questions, the Commission heard comments from the public. Generally, these commentors urged the City to expand the scope of the proposed changes to allow commercial crop production, produce stands, and commercial chicken keeping by-right in more areas of Cotati. After closing the Public Hearing, the Commission discussed the ordinance, and the following concerns were raised:
1. Potential noise from community gardens and hours of activity
2. Potential traffic and other impacts from produce stands
3. Desired expansion of crop production land use and produce stands to NL and NM, and other zoning districts throughout the City.
4. Inclusion of equity focus in program offerings at Falletti Ranch.
Following discussion, the Planning Commission voted to support the proposed urban agriculture ordinance and passed a resolution recommending City Council approval.
V. Financial Considerations
With the exception of the staff time needed to create the urban agriculture ordinance, there are no direct financial impacts to the general fund associated with the creation of this ordinance.
VI. Environmental Issues
The City of Cotati is proposing changes to the Land Use Code to allow for increased opportunities for small-scale urban agriculture within the city primarily in residential and open space zoning districts and to rezone the historic Falletti Ranch property consistent with the Agriculture and Open Space easement previously recorded over the site. These code and map changes will not impact the underlying purpose of any zoning district. Thus, the proposed code changes are consistent with, and implement, the past CEQA analysis and potential for adverse environmental impacts, as analyzed in the Cotati General Plan Environmental Impact Report (EIR) (SCH# 2013-08-2037), certified in March 2015.
Further, in addition to being consistent with the General Plan policies, these changes are implementing specific programs and direction identified in the Cotati General Plan as identified above.
Given this, Staff finds that the proposed ordinance to amend the Land Use Code to expand agricultural opportunities throughout the City consistent with existing policies programs and direction identifies in the 2015 Cotati General Plan. Therefore, the proposed land use code zoning and map amendments are found to be 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, no further environmental review is required.
Attachments:
Exhibit A: Proposed Zoning Amendment Text Redline (DOCX) Exhibit B: Proposed Zoning Amendment Text Clean (DOCX)
Exhibit C: Zoning District Map (PDF)
Exhibit D: General Plan Land Use Descriptions (PDF)
Exhibit E: Zoning Code Descriptions (DOCX)
Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open Space District (PDF) Exhibit G: City Workplan for Falletti Ranch (PDF)
Exhibit H: Public Comment (ODT)
Exhibit I: Public Comment (PDF)