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Packet Pg. 230 Attachment: Landscape Remediation City ROW (Altman Acres Landscaping) SubTotal $12,900.00
Tax $0.00
Total $12,900.00
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Packet Pg. 231 Attachment: Landscape Remediation City ROW (Altman Acres Landscaping) Contractors' License: #1053238
Warranty:
All new woody plant material will carry a one year material and labor warranty. This warranty will be honored only if the plant material is watered, fertilized and maintained to defined standards. This warranty is limited to a one time replacement. This warranty is subject to payment of the original invoice being made within the terms of the sale and account being current.
Pricing:
Except as noted in the Proposal, all prices are valid for thirty (30) days after the date of this Proposal; provided, however, that all prices are subject to change due to seasonal growth rates, fluctuating material and/or labor prices or other unforeseen factors.
Payment Terms:
Payment terms are Due Upon Receipt. A service charge of 1.5% per month will be added to all balances not paid within thirty (30) days of invoice date. This represents an annual rate of 18%. In addition to all service charges there shall also be paid the reasonable costs of collection including attorney’s fees and court costs.
By By
Jose L. Hernandez
Date 5/18/2022 Date
LandCare Altman Acres
9.B.a
Packet Pg. 232 Attachment: Landscape Remediation City ROW (Altman Acres Landscaping) Altman Acres
,
(O)
(C)
[email protected]
Jose L. Hernandez
[email protected]
CO # 3346732
May 18, 2022
Authorization for Extra Work - Landscape Remediation Altman Acres Cross Hatched LandCare hereby submits specifications and estimates for the following work:
1) Provide necessary manpower and equipment to install new plant material along Old Redwood Hwy and back fences from the homes per the attached map provided. 2) Remove mulch, irrigation half-inch poly tubing, and weed barrier to approximately 13,000 square feet of shrub beds.
3) Deliver and install weed barrier fabric to planter area, staked down. 4) Cut holes in fabric to accommodate new plant material. 5) Deliver and install (254) one gallon cotoneaster, (9) five gallon rosemary, and (3) fifteen gallon redwoods, soil amendments included.
6) Fertilize and water in new plant material.
7) Install 1/2" drip tubing, staked approx 6' on center, to provide water to new plantings, include (2) 1 gallon emitters/one gallon plant, (3) 1 gallon emitters/five gallon plant, and (5) 1 gallon emitters/15 gallon plant.
8) A two-inch mulch retention lip will be crated to prevent new mulch from entering the sidewalk. 9) Deliver and install (78) cubic yards of Arbor mulch. 10) Clean up and haul away all debris generated.
EXCLUSIONS: Traffic control related to this work. Programming irrigation controller(s) for establishment watering period.
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Packet Pg. 233 Attachment: Landscape Remediation Altman Acres LLAD (Altman Acres Landscaping)
9.B.b
Packet Pg. 234 Attachment: Landscape Remediation Altman Acres LLAD (Altman Acres Landscaping) SubTotal $28,600.00
Tax $0.00
Total $28,600.00
Contractors' License: #1053238
Warranty:
All new woody plant material will carry a one year material and labor warranty. This warranty will be honored only if the plant material is watered, fertilized and maintained to defined standards. This warranty is limited to a one time replacement. This warranty is subject to payment of the original invoice being made within the terms of the sale and account being current.
Pricing:
Except as noted in the Proposal, all prices are valid for thirty (30) days after the date of this Proposal; provided, however, that all prices are subject to change due to seasonal growth rates, fluctuating material and/or labor prices or other unforeseen factors.
Payment Terms:
Payment terms are Due Upon Receipt. A service charge of 1.5% per month will be added to all balances not paid within thirty (30) days of invoice date. This represents an annual rate of 18%. In addition to all service charges there shall also be paid the reasonable costs of collection including attorney’s fees and court costs.
By By
Jose L. Hernandez
Date 5/18/2022 Date
LandCare Altman Acres
9.B.b
Packet Pg. 235 Attachment: Landscape Remediation Altman Acres LLAD (Altman Acres Landscaping) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Acceptance of the 2021 Pavement Preservation West Side Project Date: November 08, 2022
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council adopt a resolution accepting the 2021 West Side Street Project, authorizing the City Clerk to file the Notice of Completion with the County Clerk, and authorizing the release of retention after 35 day noticing period with no protests.
Background
The City’s Five-Year Capital Improvements Program includes a list of street paving projects.
The paving projects are based on a Pavement Management Program (PMP), updated every two years, which guides the identification and prioritization of street pavement maintenance projects.
The PMP provides strategies to prioritize the annual roadway projects based on their condition and treatment costs.
Pavement maintenance projects are significantly funded by, and made possible by, Measure S, the City’s local revenue measure and City Council continues to prioritize street repair and maintenance. This project was additionally funded using the Streets Improvements Lease issued in January of 2022 and revenue replacement funds in the General Fund due to the Federal American Rescue Plan Act of 2021.
The City has completed $5.7 million of roadway rehabilitation in the last two years and has made considerable progress improving the condition of its roadways. The 2021 Street Construction & Improvements Project (a.k.a. West Side Project) consisted of pavement rehabilitation of West Cotati Avenue, West School Street, Clifford Street, Richardson Lane, and portions of Old Redwood Hwy (between Myrtle and Page), Condor Ct, Robin Ave, and John Roberts Drive.
Analysis/Discussion
On August 24, 2021, the City Council awarded the construction contract to the lowest qualified bidder, Ghilotti Bros, Inc. The bid amount was $3,095,133, which was 16 percent below the engineer’s estimate. A Notice to Proceed was issued with a construction start date of
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September 20, 2021, and a required completion date, as specified by contract documents, of December 3, 2021. On March 22, 2022, the City Council approved increasing the Project’s budget to reflect rehabilitating additional streets and upgrading the guardrail on West School Street, as detailed in the attached resolution. The contractor was granted additional workdays due to weather and the added scope of work.
The Project has been managed and inspected by the City’s contract Construction Manager, Green Valley Consulting Engineers. The contract work has been completed on the revised schedule and within the revised budget. The final inspection was completed on June 15, 2022, and the work was determined to have been substantially completed in accordance with the project requirements. A punch list of remaining items was completed by early October and the City Engineer is recommending the project for acceptance by the City Council. Following City Council acceptance, a Notice of Completion is to be filed with the County Recorder and, after thirty-five days, if no protests are received, the City is to release the retention to the Contractor.
Financial Considerations
On March 22, 2022, the City Council authorized additional Project to account for added scope, and the total Project budget increased from $3,704,000 to $4,080,900 (including Construction Contract, Construction Management, and Construction Design support agreements). The total project expenditure of $4,017,766, shown in the following table, is less than the authorized Project budget of $4,080,900. Remaining funds will be returned to the City’s unappropriated General Fund balance.
Total retention withheld from payment on the above expenses related to this project is to be returned to Ghilotti Bros Construction upon completion of the filing period.
Description Contractor/Consultant Expenditure
Construction Agreement Ghilotti Bros, Inc $3,095,133
Construction net change (increase) Ghilotti Bros, Inc $341,764 Total Construction $3,436,897
Construction Management (CM) Green Valley $131,175
CM Amendment 1 Green Valley $86,930
CM Amendment 2 Green Valley $74,380
CM Amendment 3 Green Valley $7,500
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Total Construction Management $299,985
Design Harris & Associates $241,994
Design Assistance (DA) - Construction Harris & Associates Included in Design DA Amendment 1 Harris & Associates $38,890
Total Design $280,884
Combined Project Total $4,017,766
Environmental Issues
The Project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines as it consists of the repair and maintenance of an existing facility.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF COTATI CITY COUNCIL ACCEPTING THE 2021
STREET CONSTRUCTION AND IMPROVEMENTS (WEST SIDE) PROJECT,
AUTHORIZING THE CITY CLERK TO NOTICE THE NOTICE OF COMPLETION WITH THE COUNTY CLERK, AND RELEASE THE RETENTION AFTER 35 DAYS IF
THERE ARE NO PROTESTS RECEIVED
WHEREAS, the City’s Five-Year Capital Improvements Program includes a list of street paving projects based on a Pavement Management Program (PMP), updated every 2 years, which generally guides the identification and prioritization of street pavement maintenance projects; and
WHEREAS, the PMP provides strategies to prioritize the annual roadway projects based on their condition and treatment costs; and
WHEREAS, pavement maintenance projects are significantly funded by, and made possible by, Measure S, the City’s local revenue measure and City Council continues to prioritize street repair and maintenance, and expenditures are detailed in the annual Measure S reports; and WHEREAS, the City has completed $5.7 million of roadway rehabilitation in the last two years and has made significant progress improving the condition of its roadways; and WHEREAS, the 2021 Street Construction & Improvements Project (a.k.a. West Side Project) consisted of pavement rehabilitation of West Cotati Avenue, West School Street, Clifford Street, Richardson Lane, and portions of Old Redwood Hwy (between Myrtle and Page), Condor Ct, Robin Ave, and John Roberts Drive; and WHEREAS, on August 24, 2021, the City Council awarded the construction contract to the lowest qualified bidder, Ghilotti Bros, Inc., and the bid amount was $3,095,133, which was 16 percent below the engineer’s estimate; and
WHEREAS, a Notice to Proceed was issued with a construction start date of September 20, 2021, and a required completion date, as specified by contract documents, of December 3, 2021, which was subsequently extended; and
WHEREAS, on March 22, 2022, the City Council approved increasing the Project’s budget to $4,080,900, to reflect rehabilitating additional streets and upgrading the guardrail on West School Street, as well as related design and construction management costs, including granting the Contractor additional workdays due to weather and the added scope of work; and WHEREAS, the Project has been managed and inspected by the City’s contract Construction Manager, Green Valley Consulting Engineers, and the contract work has been completed on the revised schedule and within the revised budget; and WHEREAS, the final inspection was completed on June 15, 2022, and the work was determined to have been substantially completed in accordance with the project requirements and a punch list of remaining items was completed by early October and the City Engineer is recommending the project for acceptance by the City Council; and WHEREAS, following City Council acceptance, a Notice of Completion is to be filed with the County Clerk and, after thirty-five days, if no protests are received, the City is to release the retention to the Contractor; and
WHEREAS, total project expenditures are summarized in the following table:
Packet Pg. 239
Description Contractor/Consultant Expenditure
Construction Agreement Ghilotti Bros, Inc $3,095,133
Construction net change (increase) Ghilotti Bros, Inc $341,764 Total Construction $3,436,897
Construction Management (CM) Green Valley $131,175
CM Amendment 1 Green Valley $86,930
CM Amendment 2 Green Valley $74,380
CM Amendment 3 Green Valley $7,500
Total Construction Management $299,985
Design Harris & Associates $241,994
Design Assistance (DA) - Construction Harris & Associates Included in Design DA Amendment 1 Harris & Associates $38,890
Total Design $280,884
Combined Project Total $4,017,766
; and
WHEREAS, the total project expenditure of $4,017,766, is less than the authorized Project budget of $4,080,900, and remaining funds will be returned to the City’s unappropriated General Fund balance; and
WHEREAS, the Project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines as it consists of the repair and maintenance of an existing facility.
NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of Cotati hereby takes the following actions:
1. Accepts the contract work performed on the 2021 Street Construction and Improvements (West Side) Project; and
2. Directs the City Clerk to record the attached Notice of Completion for said contract work within 15 days of the date of resolution and provide a copy to the contractor (Cal. Civil Code §9204); and
3. Authorizes the City Manager to release any remaining contract retention to Ghilotti Bros, Inc. thirty-five (35) days after the recordation of the Notice of Completion, provided that no liens or stop notices have been filed against the Project.
Packet Pg. 240
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the November 8th, 2022, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
Notice of Completion (PDF)
Packet Pg. 241
After recording, return to:
Kevin Patterson, City Clerk
City of Cotati
201 W. Sierra Avenue
Cotati, CA 94931-4217
NOTICE OF COMPLETION
(ACCEPTANCE OF IMPROVEMENTS)
NOTICE IS HEREBY GIVEN THAT:
1. The City Council of the City of Cotati has accepted the improvements at the City Council meeting of October 25, 2022 for the 2021 Street Construction and Improvements Project. The nature of the City of Cotati’s interest, as owner, of the property is as public right-of-way.
2. The improvements were completed and deemed complete by the Director of Public Works/City Engineer on October 26, 2022.
3. The name of the original contractor for the work of improvement was Ghilotti Bros. Inc. for a total constructed amount of $3,431,822.80.
4. The Contractor has provided the City with a maintenance bond and guaranty in the amount of 10 percent of the construction contract amount ($343,182) for a period of one (1) year from the date of City Council acceptance of the improvements.
5. This Notice of Completion constitutes the City’s acceptance of the improvements for this project.
I am the City Engineer/Public Works Director for the City of Cotati, a Municipal Corporation. I make this verification on behalf of the City of Cotati. I have read the Notice and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dated: _________________ ___________________________
Craig A Scott
City Engineer/Public Works Director
T:\PROJECTS\Departments\Streets\2020 Street Construction & Improvements\Construction\Closeout\2020 Streets NOC.doc
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Packet Pg. 242 Attachment: Notice of Completion (Accept the West Side Project) Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Introduction of an ordinance to amend the City's land use code to facilitate urban agriculture
Date: November 08, 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 amending the Zoning Code to facilitate local food production and urban agriculture in Cotati, and changing 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 numerous goals to promote urban agriculture and increase access to healthy food 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 some restrictions on uses and activities related to local food production that present challenges to the implementation of the General Plan goals.
Previous Actions
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 a proposed
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urban agriculture ordinance, and voted to recommend that the City Council adopt the ordinance.
On March 22, 2022, the City Council held a public hearing to consider the proposed ordinance, and voted to reject the ordinance in light of the need for more discussion and consideration of a broader range of potential options and impact reduction, directing staff to prepare a workshop for the Council to hear more community input and consider a variety of strategies.
On June 30, 2022, the City Council held the workshop and directed staff to prepare a revised draft ordinance reflecting the regulation of local food production based on scale and intensity, and setting specific limitations and performance standards on urban agriculture in order to reduce neighborhood impacts.
On September 19, 2022, the Planning Commission held a public hearing on the revised draft ordinance reflecting City Council direction from its June 30, 2022 workshop and voted to recommend that the City Council adopt the ordinance, with minor changes, and requested that the Council consider increasing the number of days that a Market Stand is allowed to operate.
On November 7, 2022, the Planning Commission will hold a public hearing on the draft ordinance and consider recommending an additional revision to the City Council: The inclusion of “Child Day Care—Day Care Center” as an allowed use with a Use Permit in the Open Space, Recreation (OSR) zoning district.
II. Analysis/Discussion
Current Urban Agriculture Regulations in Cotati
Currently, local food production may be accomplished in several ways in Cotati, in terms of zoning regulations:
1. Home gardens for personal food production are permitted by-right (P) in all residential zones.
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2. Crop Production for commercial purposes is allowed with a Use Permit (UP) in the Rural Residential (RR) zoning district.
3. Produce Stands accessory to a Crop Production use are allowed with a UP in the RR zone.
4. Community Gardens are allowed with a Minor Use Permit (MUP) in all residential districts and the Open Space-Recreation (OSR) zone.
5. Up to 20 chickens per property for non-commercial purposes are allowed by-right in residential districts and in residential uses in commercial districts. (Roosters are allowed only in RR.)
Council Direction on Strategies to Promote Local Food Production At its June 30, 2022 workshop, the City Council reviewed a variety of options to promote urban agriculture and local food production, and provided specific direction to staff for a revised draft ordinance.
Whereas the previous draft ordinance proposed a significant expansion of the Crop Production land use within residential districts, the current draft recognizes Council concerns that the Crop Production land use is not appropriate in denser residential neighborhoods. Instead, the revised draft ordinance reflects Council direction to explore the creation of a lower-intensity, smaller-scale land use, the “Market Garden,” which can be applied in any residential district. In addition, the Council identified the need for specific performance standards for Crop Production, Market Gardens, and Community Gardens in order to reduce the potential for urban agriculture operations to negatively impact neighboring properties.
The Council further requested that noticing requirements for public hearings on urban agricultural uses that require permits be increased, to allow additional neighbor input on proposed farming operations. The Council also noted the importance of reducing the planning permit fees for such projects, to lower the financial hurdles associated with starting an urban agriculture business in Cotati. The Council further supported facilitating the viability of urban farming by allowing Market Gardens to operate small Garden Stands, allowing Garden Stands and Produce Stands to sell eggs and Cottage Food items as well as produce, and confirming Community Supported Agriculture (CSA) as part of the Crop Production land use.
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Finally, the Council supported the idea of re-zoning Veronda-Falletti Ranch in order to facilitate the operation of the property as a demonstration farm and education site.
Proposed Urban Agriculture Regulations
Following is an overview of the specific provisions of the revised draft ordinance relating to urban agriculture and local food production:
1. Creation of the “Market Garden” land use designation in the Zoning Code:
• Defined as small-scale agricultural production for sale or donation. • Permitted by-right (“P”) in all residential zoning districts (zoning clearance required).
• Mechanized equipment would be limited to residential equipment only, used between the hours of 9am and 5pm. (Exception: Up to three weekdays per year of heavier equipment for site preparation for planting would be allowed.) • Maximum cultivation area is a half-acre (may be non-contiguous), and five-foot setbacks from property lines are required.
• At least one residential dwelling unit would be required as the primary use of the property.
• An on-site “Garden Stand” would be allowed by-right, accessory to a Market Garden use. A Garden Stand may be up to 100 square feet in size, and must be located out of the public right-of-way. May operate two days per week, 9am-7pm.
Must be temporary and moved out of sight of the public when not in operation.
Two parking spaces, on- or off-street are required.
2. The existing Crop Production land use and the Produce Stand land use, which is accessory to Crop Production, would be allowed with a Use Permit in the OSR and Residential Very Low (RVL) zones. Community Supported Agriculture (CSA) would be allowed in the Crop Production land use.
3. Garden Stands and Produce Stands (which per existing code are allowed to be up to 400 square feet in size, but still temporary in nature) would be allowed to sell produce
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grown and eggs produced on-site or at an adjacent property, as well as prepared food items made from produce grown on-site or at an adjacent property, in accordance with State and County Cottage Food requirements. Such stands would also be subject to State and County requirements related to safe retail food handling, and would be required to obtain a City of Cotati business license.
4. Permit requirements and standards for Community Gardens are proposed to be updated:
• Community Garden is defined as for personal use or donation, and may be operated by organizations as well as groups of individuals. • Permitted by-right in all residential zones and with a Use Permit in OSR. • Mechanized equipment would be limited to residential equipment only, between the hours of 9am and 5pm. (Exception: Up to 3 weekdays per year of heavier equipment for site preparation for planting would be allowed.) • 5-foot setbacks from property lines would be required. • Soil analysis to identify potential toxicity or contamination required. • A management plan would be submitted to the City prior to the start of garden operations.
• A contact person and information would be updated annually with the City and posted on-site.
5. Planning permit fees for Crop Production, Community Gardens, Produce Stands, and Farmers Markets are proposed to be reduced by 50%. In addition, Use Permit approval for these uses will require a finding of compatibility with nearby residential uses, and public hearing notices would be sent to property owners within a radius of 600 feet from the subject site, or greater at the discretion of the Community Development Director.
6. Crop Production, Market Gardens, and Community Gardens would be subject to new “Urban Agriculture” performance standards:
• These uses may not affect the livability or appropriate development of adjacent properties in terms of noise, water runoff, pesticide runoff, equipment operation, hours of operation, odor, vermin, security, or vehicular traffic.
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• Pesticides, herbicides, rodenticides, and synthetic fertilizers are strongly discouraged, and may not adversely affect adjacent properties. • Water conservation practices must be followed.
• Compost piles/containers must be located at least 20 feet from dwellings on adjacent properties.
7. In order to allow egg sales at Garden Stands and Produce Stands, the prohibition on commercial hen-keeping is proposed to be removed. At least one residential dwelling unit would be required as the primary use of the property.
Veronda-Falletti Ranch
The City purchased Veronda-Falletti Ranch with the intention of operating the property as a demonstration farm with animals, agriculture, and farm-based educational activities.
The conservation easement on the property held by the Sonoma County Agriculture and Open Space District, and the City’s license agreements with the nonprofit Farmster for the operation of the property, reflect that commitment. However, the current zoning for Veronda-Falletti Ranch, Neighborhood-Low Density (NL), is not consistent with this vision. It is recommended that the Council rezone the property to OSR, and amend the OSR zoning designation to allow the following uses:
• Agricultural accessory structure
• Animal keeping
• Crop Production
• Plant Nursery
• Artisan/craft product manufacturing
• Community garden
• Meeting facility
• Caretaker quarters
• Farmers Market
• Produce stand
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• Day care center
The introduction of any of these uses would require a Use Permit setting specific standards for operation in order to minimize impacts.
Additional Proposed Code Changes
The proposed ordinance would address three additional needs identified by the Community Development Department to facilitate planning and development in the city:
1. Adjust the allowable height of a residential accessory structure that is subject to 5-foot setbacks from 10 feet, to 12 feet. Currently the Zoning Code requires that such structures that are between 10 and 12 feet in height conform to the setbacks for the primary residence, which are typically considerably greater than 5 feet. The maximum height limit of a residential accessory structure is 12 feet (except in the case of detached garages or with a minor use permit). The marginal height difference between 10 feet and 12 feet, and the potential associated neighborhood impact, do not warrant significantly larger setbacks. It is therefore recommended to make the 5-foot setback requirement consistent for residential accessory structures.
2. Addition of neighborhood meeting requirement for certain projects. Each discretionary project requiring a Tentative Map or with a scope of development greater than one acre would require a preapplication neighborhood meeting to ensure early community input.
3. Project sign requirement for larger projects. Each project that requires a neighborhood meeting would also require a project sign on-site for at least 10 days prior to its public hearing(s), to increase public notice of significant projects.
III. General Plan
The proposed Zoning Code amendments and rezoning of the Veronda-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
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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;
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• 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
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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 September 19, 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. Following discussion, the Planning Commission voted to support the proposed urban agriculture ordinance, with minor revisions, and passed a resolution recommending City Council approval. The revisions requested by the Commission at that meeting, and incorporated into the current draft Ordinance, are the following:
1. Specify that any Community Garden rules relating to pesticide, herbicide, rodenticide, or synthetic fertilizer use be stated in the management plan that the garden is required to submit to the City.
2. Require that Produce Stands and Garden Stands adhere to State and County regulations related to safe retail food handling, and obtain a City of Cotati business license.
At the Planning Commission meeting scheduled for November 7, 2022, staff will ask the Commission to consider a recommendation to the Council to include “Child Day Care— Day Care Center” as an allowed use with a Use Permit in the Open Space, Recreation (OSR) zoning district in Table 2.2, Section 17.22.020 Allowable land uses, as part of the urban agriculture ordinance. (This provision was unintentionally omitted through a clerical error in the version of the draft Ordinance provided to the Planning Commission on September 19, 2022.)
At its September 19, 2022 meeting, the Planning Commission also voted to remove the following language from the draft ordinance in Section 17.42.130 F2:
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“Incidental items for sale that are not produced at an on-site or adjacent agricultural operation, such as bottled water, packaged snacks, or nonfood items, shall not exceed 10% of sales area or gross sales receipts, whichever is less, at a Produce Stand.” The Commission wished to prohibit sales of such items at Produce Stands, in the interest of reducing plastic consumption and litter, and focusing on agricultural products. Staff feels that sales of incidental items may be helpful to support the viability of Produce Stands, and would be further regulated by the required Use Permit. For that reason, the provision has remained in the draft Ordinance presented to the Council for consideration.
Finally, the Planning Commission has requested that the City Council consider whether the 2 day per week limitation on Garden Stands is appropriate in light of the possibility that seasonal produce is often ready for harvest on a more frequent basis and should be sold shortly after harvest. The Commissioners felt that allowing Garden Stands to operate more days per week would allow produce to be sold when it is fresh and reduce the loss of produce that does not store well.
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 Veronda-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.
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Given this, Staff finds that the proposed ordinance to amend the Land Use Code to expand urban agricultural opportunities throughout the City is 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.
VII. Summary and Staff Recommendation
Staff recommends that the City Council introduce an ordinance amending the Zoning Code to facilitate local food production and urban agriculture in Cotati, and changing the zoning of the Veronda-Falletti Ranch property (175 W. Sierra Avenue) from Neighborhood, Low Density (NL), to Open Space, Recreation (OSR).
Attachments:
1. Redline version of proposed Zoning Code amendments
2. November 8, 2022 Powerpoint presentation
Attachments:
Attachment 1 Redline version of proposed zoning code amendment(PDF) Attachment 2 Powerpoint Presentation (PDF)
Public Comment (1) 10.11 (PDF)
Public comment 2 11.8_Redacted (PDF)
Cotati Local Food Ord - Letter_11-22 (002)_Redacted (PDF) Public Comment 1 11.8_Redacted (PDF)
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Packet Pg. 254
Proposed Zoning Code Amendments for Urban Agriculture Ordinance -- Redline Version Note: Portions of sections where changes are not proposed have been omitted to save space.
Section 17.22.020 Allowable land uses and planning permit requirements is amended, as follows:
(Excerpt of) 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
Agricultural and Open Space Uses
Agricultural accessory
structure
UP UP– P P – – – 17.42.020
Animal keeping S S S S S S S 17.42.040
Crop production,
horticulture, orchard,
vineyard(5)
– UP– UP UP– – – – 17.42.240
Market garden – – P P P P P 17.42.230,
17.42.240
Plant nursery – UP– UP – – – –
Winery, small scale – – UP(2) – – – –
Industry, Manufacturing and
Processing, Wholesaling
Artisan/craft product
manufacturing
– UP– UP(3) – – – –
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Packet Pg. 255 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) 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
Recreation, Education and Public Assembly Uses
Community garden(5) – UPMUP PMUP PMUP PMUP PMUP PMUP 17.42.220,
17.42.240
Equestrian facility – UP UP – – – –
Meeting facility, public or
private
– UP– – – 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 UP UP– – – – – –
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
Retail Trade
Accessory retail and services – – – – UP UP UP
Convenience store, 1,200 sq.
ft. or less
– – – – UP UP UP
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Packet Pg. 256 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) 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
Farmers Market(5) – UP – – – – –
Garden Stand _ _ P P P P P 17.42.130,
17.42.230
Produce stand(5) – UP– UP UP– – – – 17.42.130
Land Use(1)
Permit Required by District
OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Services – Business and Professional
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 home
– – P P P P P
Child day care – Large family day
care home
– – P P P – – 17.42.060
Child day care – Day care center – UP– – – – UP UP 17.42.060 Kennel, animal boarding – – UP – – – –
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Packet Pg. 257 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) Key to Zoning District Symbols
OSC Open Space – Conservation NL Neighborhood – Low
Density
OSR Open Space – Recreation NM Neighborhood – Medium
Density
RR Rural Residential NU Neighborhood – Urban
RVL Residential, Very Low
Density
Notes:
(1) See Article 9 of this title for land use definitions. (2) May be approved only in conjunction with an on-site vineyard of three acres or larger. (3) May be approved only on a site of three acres or larger. (4) Use permit approval shall require that the review authority first find that the location of a proposed single-family dwelling on a parcel that may be further subdivided will not preclude future subdivision and development in compliance with the general plan. (5) Fees for Crop Production, horticulture, orchard, vineyard; Community Garden; Farmers Market; and Produce Stand planning permit applications shall be calculated at 50% of the fees set forth in the Fee Schedule as described in Section 17.60.060 Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of Public Hearings for these uses shall be mailed to property owners within a radius from the subject site of 600’, or greater at the Director’s discretion.
(Excerpt of) 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
Land Use(1)
Permit Required by District
CE CG CD CI IG PF
Specific
Use
Regulations
Farmers market(7) MUP MUP MUP MUP UP UP
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Packet Pg. 258 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) Key to Zoning District Symbols
CE East Cotati Avenue
Corridor
CI Commercial/Industrial
District
CG Gravenstein Highway
Corridor
IG General Industrial District
CD Downtown Commercial PF Public Facility District
Notes:
(1) See Article 9 for land use definitions.
(2) Use allowed only on second or upper floors, in compliance with Section 17.24.050(C), Limitation on the Location of Allowable Land Uses, or behind an allowed ground floor street frontage use. (3) See Section 17.42.165, Retail use maximum floor area. (4) When the Department of Alcoholic Beverage Control allows customers under twenty-one years of age on the premises.
(5) Artisan/craft product manufacturing uses proposed in the CE, CG, CD, HC, LP, NG, and CA districts must be located within buildings and suites designed and oriented to engage and encourage pedestrian activity and interaction with the surrounding uses. Uses in these districts must also include retail storefront presence and design characteristics, with production and manufacturing design elements (such as loading doors, material storage, etc.) oriented away from the primary entrances and street frontages of developments where they are located.
(6) MUP required for outdoor dining on private property in the CD district when the dining use abuts a residential land use.
(7) Fees for Farmers Market planning permit applications shall be calculated at 50% of the fees set forth in the Fee Schedule as described in Section 17.60.060 Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of Public Hearings for shall be mailed to property owners within a radius from the subject site of 600’, or greater at the Director’s discretion.
Section 17.36.050 Parking and Loading, Number of parking spaces required is amended, as follows:
(THE ONLY CHANGE PROPOSED TO SECTION 17.36.050 IS THE ADDITION TO TABLE 3.7
SHOWN BELOW)
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Packet Pg. 259 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) Table 3-7
Parking Requirements by Land Use
Land Use
Type: Vehicle Spaces Required
Garden
Stand
2 spaces minimum, either on-street adjacent to the property or off-street, out of the public right-of-way.
Section 17.42.040 Animal Keeping is amended, as follows:
(THE ONLY CHANGES PROPOSED ARE THE FOLLOWING TO 17.42.040 B, C, and G IN THE
EXCERPTS SHOWN BELOW)
B. Allowable Animal-Keeping Activities and Permit Requirements.
Table 4-1
Allowable Animal-Keeping and Permit Requirements
Type of Animal
Permit Requirement by Zoning District
OSC
OSR
RR RVL
Other Zone
Allowing
Residential
Use
Aviary (keeping of birds other than fowl
or poultry)
P P P P –
Beekeeping (for plant pollination
and/or honey production)
P P P P –
Boarding or breeding kennel – – MUP – –
Chickens P P P P P in NL
district;
zoning
clearance
letter
required in
NM, NU,
and
residential
uses in all
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Packet Pg. 260 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) Type of Animal
Permit Requirement by Zoning District
OSC
OSR
RR RVL
Other Zone
Allowing
Residential
Use
commercial
districts
Dogs and cats P - P P P
Fowl and poultry other than roosters
and chickens
P P P P –
Hogs and swine P P P – –
Horses and cows P P P MUP –
Roosters P – P – –
Other small animals (defined in Table 4-
2)
P P P P P
Other large animals (defined in Table 4-
2)
P P P MUP –
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
Animal-Keeping Standards
Type of Animal or
Facility
Maximum Number of
Animals per Site(1)
Minimum Lot
Area(2)
Minimum Setbacks(3)
From
Side/Rear
Property Lines
From Streets
and Dwellings
Aviary for birds other
than fowl and poultry
20 per acre 1/2 acre 25 ft. 50 ft.
Beekeeping N.A. 1 acre 25 ft. 50 ft.
Boarding or breeding
kennel
Requirements established by minor use permit approval, and subsection F of this section.
Chickens (hens) 20 per site No minimum
lot size
12 ft. 20 ft.
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Packet Pg. 261 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) Type of Animal or
Facility
Maximum Number of
Animals per Site(1)
Minimum Lot
Area(2)
Minimum Setbacks(3)
From
Side/Rear
Property Lines
From Streets
and Dwellings
Dogs and cats 5 animals total on a site less
than 1 acre; 5 of each species
on a site of 1 acre or more.
None required None required None required
Fowl and poultry
other than roosters
and chickens
12 per acre 1/2 acre 25 ft. 50 ft.
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.
Other small animals –
Chinchillas, rabbits,
nonpoisonous
reptiles, rodents, and
other nonpoisonous
animals of similar size.
4 animals total on a site less
than 1 acre; 4 of each species
on a site of 1 acre or more,
where allowed by Table 4-1.
None for 4 or
fewer animals; 1
acre for 5 or
more animals.
None on a site of
less than 1 acre;
10 ft. on a site of
1 acre or more.
None on a site of
less than 1 acre;
25 ft. on a site of
1 acre or more.
Other large animals –
Emus, goats, llamas,
miniature horses and
donkeys, ostriches,
pot belly pigs, sheep,
and similar-sized
animals.
4 per acre 1/2 acre 25 ft. 50 feet for
accessory
structure, none
for pasture.
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.
G. Chickens. In addition to the requirements of this section, the keeping of chickens shall comply with the following standards:
1. Commercial Use Prohibited. Accessory to Residential Use. Except where allowed by Section 17.22.020, Allowable land uses and planning permit requirements, tThe keeping of chickens shall be solely as an accessory use to a residential use, and may not be the primary use on any site within the city..
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Packet Pg. 262 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022)
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. Confirmed nNoise 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.
5. 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 and are ultimately responsible for ensuring compliance with these standards. (Ord. 823 § 2(C) Exh. C (part), 2009; Ord. 766 § 2 Exh. A (part), 2004).
Section 17.42.130 Outdoor displays and sales is amended, as follows:
(THE ONLY CHANGE PROPOSED IS THE FOLLOWING TO 17.42.130 F2 IN THE EXCERPT SHOWN BELOW)
F. Produce Stands and Garden Stands.
1. A Pproduce Sstand shall not exceed a total floor area of four hundred square feet. A Garden Stand shall not exceed a total floor area of one hundred square feet.
2. In residential 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.
3. Produce stands and Garden Stands may sell produce grown on-site or on an adjacent site, eggs produced on-site or at an adjacent site, and prepared food items made from produce grown on-site or on an adjacent site and produced and sold according to Cottage Food Operation registration and permit requirements of the County of Sonoma Department of Health Services and any requirements of the State of California..
Section 17.42.220 Community Gardens is added, as follows:
17.42.220 Community Gardens.
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Packet Pg. 263 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) 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. The use of mechanized equipment shall be limited to equipment typically found in residential uses, with operation limited to the hours of 9am to 5pm. An exception is initial site preparation for planting, which may take place for a total of no more than 3 weekdays per year, between the hours of 9am and 5pm.
B. Cultivated areas shall be subject to five-foot setbacks from property lines.
C. Prior to cultivation, the soils shall be analyzed for potential toxicity or contamination that would render the site unsuitable for food crops.
D. A management plan addressing the governance structure of the garden, hours of operation, noise and vermin control, maintenance, responsible water use, security requirements, and other operating rules must be submitted to the City prior to initiation of any site preparation or gardening activities.
A.E. A primary point of contact for the community garden, including name, address, and phone number, shall be updated annually with the City and posted in public view at the garden site.
Section 17.42.230 Market Gardens is added, as follows:
17.42.230 Market Gardens.
This section establishes standards for the operation of Market Gardens, where allowed by Chapter 17.22, Allowable Land Uses. The intent of these provisions is to ensure the compatibility between Market Gardens and other nearby uses.
A. The use of mechanized equipment shall be limited to equipment typically found in residential uses, with operation limited to the hours of 9am to 5pm. An exception is initial site preparation for planting, which may take place for a total of no more than 3 weekdays per year, between the hours of 9am and 5pm.
B. The area of cultivation and related activities shall be limited to a total of one half-acre maximum, which may be non-continguous on the property.
C. Cultivated areas shall be subject to five-foot setbacks from property lines.
D. An on-site Garden Stand is allowed, up to a total floor area of one hundred square feet and located out of the public right-of-way. The Garden Stand may be operated a maximum of two days per week between the hours of 9am and 7pm, and must be temporary in nature and dismantled and stored out of site of the public when not in operation. A minimum of two motor vehicle parking spaces, either on-street or off-street out of the public right-of-way, shall be required for operation of a Garden Stand, in accordance with Section 17.36.050.
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Packet Pg. 264 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) E. A dwelling unit is required on the property as a primary land use.
Section 17.42.240 Urban Agriculture Standards is added, as follows:
17.42.240 Urban Agriculture Standards.
This section establishes general standards for Urban Agriculture land uses and activities, including Crop Production, Market Gardens, and Community Gardens, where allowed by Chapter 17.22, Allowable Land Uses. The intent of these provisions is to ensure the compatibility between Urban Agriculture land uses and other nearby uses, particularly residential uses. .
A. Urban Agriculture land uses shall not adversely affect the livability or appropriate development of adjacent properties and the surrounding neighborhood in terms of noise, water runoff, pesticide runoff, equipment operation, hours of operation, odor, vermin, security, or vehicular traffic.
B. Pesticides, herbicides, rodenticides, and synthetic fertilizers are strongly discouraged, and if used, shall not adversely impact adjacent properties or the surrounding neighborhood, including overspray, drift, dust, fumes, odors, runoff, soil contamination, plant contamination, or other negative impacts. Such use shall also not be allowed to contaminate the soil of the subject property or any adjacent properties.
C. Water conservation practices must be followed, in accordance with Section 13.30 and State of California Water Efficient Landscape Ordinance (WELO) standards.
D. Compost piles and containers must be set back at least 20 feet from dwellings on adjacent properties.
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Packet Pg. 265 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) Section 17.62.030 Limited term permits is amended, as follows:
(THE ONLY CHANGES PROPOSED ARE THE FOLLOWING TO 17.62.030 B AND D IN THE EXCERPT
SHOWN BELOW)
17.62.030 Limited term permit.
A. Purpose. This section establishes procedures for the granting of limited term permits for short-term activities.
B. Applicability. A limited term permit allows the short-term activities listed in subsection E of this section, that may not comply with the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.
This section does not apply to weekly or otherwise frequently recurring farmers markets, which are instead subject to use permit approval as required by Section 17.22.020, Tables 2-2 and 2-3 (Allowable Land Uses) of this title.
C. Review Authority. A limited term permit may be approved or denied by the director, in compliance with this section.
D. Exempt Temporary Uses and Activities. The following temporary uses and activities are allowed without obtaining a limited term permit. Temporary activities that do not fall within the following categories shall comply with subsection E of this section:
1. Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities;
2. Garage Sales. Garage sales, not to exceed three per year, and two consecutive days for each sale;
3. Public Property, or Public Right-of-Way. Activities conducted on public property that are approved by the council or as otherwise required by the municipal code;
4. Fund-Raising Car Washes. Fund-raising car washes, not to exceed six per year, on property within a commercial or industrial zone, or on institutional property;
5. Tents and Similar Temporary Structures. A tent or similar temporary structure, provided that it is located on a site for a maximum of seventy-two consecutive hours, by the end of which it shall be entirely removed from the site. No site shall have a tent or similar temporary structure more than two times per year.
6. Garden Stands and Produce Stands as allowed by Section 17.22.020 Table 2-2 (Allowable Land Uses) of this title.
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Packet Pg. 266 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) Section 17.90.020 Definitions of specialized terms and phrases is amended, as follows:
Section 17.90.020 Definitions of specialized terms and phrases “Community garden” means a site used for growing plants for food, fiber, herbs, flowers, and other usess, for personal use and/or donation, which is shared and maintained by community residents and/or a nonprofit, educational, governmental, or other charitable organization. “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.
1. Field crops;
2. Flowers and seeds;
3. Fruits;
4. Grains;
5. Melons;
6. Ornamental crops;
7. Tree nuts;
8. Trees and sod;
9. Vegetables;
10. 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 retail sales in the field such as Community Supported Agriculture (CSA), not including sales sheds, which are instead defined under “Produce stand.” Does not include greenhouses which are instead defined under “Plant nursery,” and “Residential accessory use or 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.
“Market Garden” means small-scale agricultural production for sale or donation, as an accessory use on a residential property with at least one dwelling unit. “Garden Stand” means a temporary business established and operated for a specific time, selling raw, unprocessed fruits, vegetables, nuts, eggs, and other produce in its raw or natural state, and/or prepared food items made from produce grown on-site or on an adjacent site and
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Packet Pg. 267 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) produced and sold according to Cottage Food Operation registration and permit requirements of the County of Sonoma Department of Health Services and any requirements of the State of California, and that is accessory to an on-site Market Garden use. “Produce stand” means a temporary business established and operated for a specific time, selling raw, unprocessed fruits, vegetables, nuts, eggs, and other produce in its raw or natural state, and/or prepared food items made from produce grown on-site or on an adjacent site and produced and sold according to Cottage Food Operation registration and permit requirements of the County of Sonoma Department of Health Services and any requirements of the State of California, and that is accessory to an on-site or adjacent agricultural operationUrban Agriculture use..
“Urban Agriculture” means the Community garden; Crop Production, horticulture, orchard, vineyard; and Market garden land uses.
Section 17.42.160 Residential accessory uses and structures is amended, as follows:
(THE ONLY CHANGE PROPOSED IS THE FOLLOWING TO 17.42.160 E1b IN THE EXCERPT
SHOWN BELOW)
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 ten feet or less shall maintain side and rear setbacks of at least five feet. An accessory structure with a height greater than ten feet shall comply with the setback requirements of the applicable zoning district.
Section 17.60.040B Application preparation and filing is amended, as follows:
(THE ONLY CHANGE PROPOSED IS THE FOLLOWING ADDITION TO SECTION 17.60.040) B. Preapplication Neighborhood Meeting. Each discretionary project requiring a Tentative Map or with a scope of development greater than one acre shall require a preapplication neighborhood meeting in compliance with the following requirements, to provide the
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Packet Pg. 268 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) opportunity for early input by affected neighbors. While neighborhood consensus or agreement is the goal, it is not a required outcome of the neighborhood meetings.
1. When neighborhood meetings are required:
a. A development proposal that requires a Tentative Map, or is a discretionary project disturbing a site greater than one acre, that requires a public hearing, and that may affect a residential neighborhood, shall require one or more neighborhood meetings in compliance with this Section.
b. A neighborhood meeting may be required for a development proposal that otherwise would not require a meeting if: there is significant controversy regarding the proposal, interest has been expressed by the neighborhood regarding the proposal, or the Director determines that a neighborhood meeting shall be held.
2. When neighborhood meetings are not required:
a. Neighborhood meetings are not required for nonresidential development proposals that are surrounded by nonresidential zoning districts and General Plan land use categories, unless there is an effect on a residential neighborhood, regardless of whether a public hearing is required.
b. Neighborhood meetings are not required for “ministerial” projects, including the issuance of Building Permits or other applications where the discretionary approval or permit has been granted.
3. Waiver of meeting requirement. The requirement for a neighborhood meeting may be waived in cases where the position of a neighborhood in favor of the proposal has been clearly established and/or recent contact with neighborhood representatives indicates that there is no interest in holding a meeting. In these cases, the Director shall determine whether to waive the requirement for a meeting.
4.Timing of neighborhood meeting.
a.When required, a neighborhood meeting shall be held before submittal of the application for the development proposal, except as identified in subparagraph 1b, above.
b. If the neighborhood meeting is held after submittal of the application for development, the application shall not be deemed complete until after the neighborhood meeting has been held.
5. FFollow-up meeting encouraged. When a neighborhood meeting has been held before submittal of the application, applicants are encouraged to hold one or more follow-up
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Packet Pg. 269 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) neighborhood meetings with interested citizens to explain project changes prior to public hearings on the project.
6. Notification required.
a. A neighborhood meeting shall be noticed by mail to real property owners and occupants located in whole or in part within a minimum radius of 500 feet from the exterior boundaries of the Assessor’s parcels that are the subject of the development proposal. The Notice shall include the date, time, and place of the neighborhood meeting; the phone number and street address of the department, where an interested person may call or visit to obtain additional information; a description of the proposed project; and the location of the real property where the project is proposed. b. Additional notice may be required at the discretion of the Director, including alternate methods and/or the use of a greater noticing radius for projects of particular interest, scale, or size.
7. Staff responsibilities at meeting. City staff is required to attend the neighborhood meetings. The staff role is to identify and explain the City’s development review process and the adopted land use policies, including provisions of the General Plan and the Zoning Code as they relate to the development proposal under consideration. Staff may provide objective commentary on the proposal but is not expected to present a position or recommendation on the proposal at the neighborhood meeting. Staff shall also serve as moderator/facilitator and take meeting notes.
8. Applicant responsibilities at meeting. The applicant or applicant’s representative is required to attend the neighborhood meeting and present basic project information including the following:
a. Site analysis, graphically depicting existing conditions and the neighborhood context; b. Conceptual site plan showing locations of all proposed structures, roads, parking areas, landscaping, and conceptual parcel lines with approximate dimensions; c. Conceptual building and architectural design information; d. Proposed density and/or purpose of the project and its target market.
9. Independent professional staff recommendation required. Neighborhood or applicant comments and recommendations are not binding on staff. City staff will consider the neighborhood comments, as well as those of all referral agencies/organizations, but will formulate its own independent professional recommendation to the applicable review authorities.
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Packet Pg. 270 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) Section 17.88.020 B4 Project Sign is added, as follows:
(THE ONLY CHANGE PROPOSED IS THE FOLLOWING ADDITION TO SECTION 17.88.020B)
4. Project Sign. If the proposed project requires a neighborhood meeting in compliance with Section 17.60.040 B, a project sign shall be required. The applicant shall install a project sign of four feet tall by eight feet long on the subject property in a place conspicuous to the public, at least ten days before the date of the public hearing. The sign shall include the date, time, and location of the hearing; the phone number and street address of the department, where an interested person may call or visit to obtain additional information; and a description of the proposed project.
11.A.a
Packet Pg. 271 Attachment: Attachment 1 Redline version of proposed zoning code amendment (Urban Agriculture Ordinance Fall 2022) Potential Zoning Code
Amendment to Promote
Urban Agriculture
City Council Public Hearing
Community
Development
Department
November 8, 2022 UCANR
11.A.b
Packet Pg. 272 Attachment: Attachment 2 Powerpoint Presentation (Urban Agriculture Ordinance Fall Background
Fall 2021: City Council directed staff to prepare Zoning Code amendments to promote urban agriculture, consistent with General Plan goals
March 7, 2022: Planning Commission public hearing on first version of proposed urban agriculture ordinance; voted to recommend Council adoption
March 22, 2022: City Council public hearing on proposed ordinance; Directed staff to prepare a workshop for the Council to hear more community input and consider
different strategies
June 30, 2022: City Council workshop; Direction to staff provided and subsequently incorporated into current
revised ordinance proposal
September 19, 2022: Planning Commission Public Hearing; Voted to recommend revised Ordinance adoption, with
minor changes
November 7, 2022: Planning Commission Public Hearing— add Day Care Center to OSR with Use Permit
11.A.b
Packet Pg. 273 Attachment: Attachment 2 Powerpoint Presentation (Urban Agriculture Ordinance Fall Current Zoning Related to Urban Agriculture
Home gardens permitted in all residential zones as an accessory use
Commercial Crop Production allowed with a Use Permit
(UP) in the Rural Residential (RR) district
Produce stands up to 400 sqft accessory to Crop
Production allowed with a UP in the RR district
Community Gardens allowed with a Minor Use Permit
(MUP) in all residential districts and the Open Space,
Recreation (OSR) district
Up to 20 chickens for non-commercial purposes
allowed by-right per property in residential districts; Over 20 allowed with MUP
Roosters allowed only in the RR district
11.A.b
Packet Pg. 274 Attachment: Attachment 2 Powerpoint Presentation (Urban Agriculture Ordinance Fall Council Direction from Workshop
Develop complementary
alternative to Crop
Production: Small-scale ag
that would be appropriate in
any residential district
Create standards to reduce
potential impacts on nearby
residents, and increase
noticing to neighbors
Low-impact, on-site sales from
urban ag are OK, including
eggs, Cottage Foods
11.A.b
Packet Pg. 275 Attachment: Attachment 2 Powerpoint Presentation (Urban Agriculture Ordinance Fall Draft Ordinance Provisions
New “Market Garden” land use designation
Smaller-scale agriculture for sale or donation
Permitted by-right (“P”) in all residential zoning districts Residential-scale mechanical equipment only, limited to 9am-5pm. (Exception: 3 days/year for site preparation)
Maximum cultivation area ½ acre; 5-foot setbacks
Dwelling unit required as primary use
On-site “Garden Stand” allowed:
100 square feet maximum
May operate 2 days/week, 9am-7pm
Moved out of sight of the public when not in
operation
Two parking spaces required, on- or off-street
East Sac Farms
11.A.b
Packet Pg. 276 Attachment: Attachment 2 Powerpoint Presentation (Urban Agriculture Ordinance Fall Draft Ordinance Provisions Allow existing Crop Production land use and Produce Stands in
OSR and Residential Very Low
(RVL) with a Use Permit
Allow Community Supported
Agriculture (CSA) with Crop
Production
Garden Stands and Produce
Stands may sell eggs and Cottage
Foods produced on-site or at an
adjacent property. Prohibition on
commercial hen-keeping would be
removed. Limit remains at 20.
11.A.b
Packet Pg. 277 Attachment: Attachment 2 Powerpoint Presentation (Urban Agriculture Ordinance Fall Draft Ordinance Provisions
Community Gardens:
Permitted by-right in all residential zones; with UP in OSR Residential mechanical equipment only, limited to 9am-5pm. (Exception: 3 days/year for site preparation)
5-foot setbacks from property lines; Soil analysis required Management plan and contact person on file with City
11.A.b
Packet Pg. 278 Attachment: Attachment 2 Powerpoint Presentation (Urban Agriculture Ordinance Fall Draft Ordinance Provisions
New Requirements for Urban Agriculture Permits
Planning permit fees would be reduced by 50%
UP requires a finding of compatibility with nearby residential Public hearing notices to property owners within 600’ radius New Performance Standards for Urban Agriculture:
May not affect the livability or appropriate development of adjacent properties in terms of noise, water runoff, pesticide runoff, equipment operation, hours of operation, odor, vermin, security, or vehicular traffic
Pesticides, herbicides, rodenticides, and synthetic fertilizers are discouraged; if used, shall not impact neighboring properties Water conservation practices must be followed
Compost piles/containers must be located at least 20 feet from dwellings on adjacent properties
11.A.b
Packet Pg. 279 Attachment: Attachment 2 Powerpoint Presentation (Urban Agriculture Ordinance Fall Draft Ordinance Provisions –
Veronda-Falletti Ranch
To allow operation as a demonstration farm with
educational and community activities on-site, the
following is recommended:
1. Re-zone the property to OSR, and
2. Amend the OSR zoning designation to allow the
following, with a UP:
• Agricultural accessory structure
• Animal keeping
• Crop Production
• Plant Nursery
• Artisan/craft product manufacturing
• Community garden
• Meeting facility
• Caretaker quarters
• Farmers Market
• Produce stand
• Day Care Center
James Wirth Photography
11.A.b
Packet Pg. 280 Attachment: Attachment 2 Powerpoint Presentation (Urban Agriculture Ordinance Fall Draft Ordinance: Community Development
Additional Provisions
Increase allowable height of a residential accessory structure with 5-foot setbacks: Currently 10’, increase to 12’
Currently, structures up to 10’ high can have 5’ setbacks 10’ to 12’ (Max height) structures must meet primary residence setbacks (up to 20’ in some zones)
2-foot height difference does not warrant significantly larger setbacks
Addition of neighborhood meeting requirement for certain projects
Discretionary projects requiring a Tentative Map or with a scope of development greater than one acre would require preapplication neighborhood meeting to ensure early community input
Project sign requirement for larger projects
Projects requiring a neighborhood meeting would also require a project sign on-site for at least 10 days prior to public hearing(s), to increase public notice of significant projects.
11.A.b
Packet Pg. 281 Attachment: Attachment 2 Powerpoint Presentation (Urban Agriculture Ordinance Fall Planning Commission Recommendation
Recommended approval, with the following changes (incorporated in current draft):
1. Specify that Community Garden rules re: pesticide, herbicide, rodenticide, or synthetic fertilizer use must be stated in the management plan
2. Require that Produce Stands and Garden Stands adhere to State and County regulations related to safe retail food handling, and obtain a City of Cotati business license. Considering recommendation on November 7: Add “Child Day Care—Day Care Center” as an allowed use with a Use Permit in the Open Space, Recreation (OSR) zoning district.
Recommended removal of provision for sales of incidental items (capped at 10% of floor area) at Produce Stands, such as bottled water, packaged snacks, non-food items, favoring prohibition of such sales. Staff have retained this provision in the current draft. Requested that the Council consider increasing the number of days (from the proposed 2) per week that Garden Stands may operate, to better ensure that seasonal produce sales can be paced with the harvest
11.A.b
Packet Pg. 282 Attachment: Attachment 2 Powerpoint Presentation (Urban Agriculture Ordinance Fall Recommendation
It is recommended by the Community
Development Department and the Planning
Commission that the City Council introduce an
ordinance amending the Zoning Code to facilitate
local food production and urban agriculture.
11.A.b
Packet Pg. 283 Attachment: Attachment 2 Powerpoint Presentation (Urban Agriculture Ordinance Fall Questions?
11.A.b
Packet Pg. 284 Attachment: Attachment 2 Powerpoint Presentation (Urban Agriculture Ordinance Fall Comments on Potential Zoning Code Amendment to Promote Urban Agriculture 12 Oct 22 The “code amendment” is a noble effort to promote urban agriculture in a small incorporated city.
However, locally we already have a number of food outlets available (grocery stores, organic farmer’s market and county farm stands).
1. Community gardens are a good idea, as long as they do not adversely affect the surrounding neighbors and it is best to have a buffer zone around them. The setback should be changed to 10 ft. as farming produces noise, odors, dust and fertilizer/pesticide run off. Compost piles attract a variety of pests and vermin.
2. Community gardens need caretakers to ensure safety and reduce participant conflict and vandalism.
3. Chicken and egg production need to be better controlled. Chickens produce methane and nitrous oxides from their manure. They also attract many predators. Suggest limiting to any property up 1 acre, to 12 chickens maximum, and as noted no butchering on premises.
4. Special consideration must be made for properties near Cotati creek which drains into the Laguna.
5. All home farming participants should be trained on good farming practices. Possibly a certificate could be created for those who complete the training at the Veronda-Falletti Ranch.
6. The city needs to be able to enforce the new zoning codes. A task force should be created for approval and regular inspection and review of farming practices. Create a system of fees for code violations.
7. Since pesticide and commercial fertilizers are allowed, we need to ensure the quality of produce and eggs. Establish provisions for quality control or checking of produce. If one is sickened by produce or eggs does the city have any level of liability it needs to be concerned about? Respectfully submitted,
Dr. Carl Lampert, Resident of Cotati
Former member of the Cotati Design Review Committee
11.A.c
Packet Pg. 285 Attachment: Public Comment (1) 10.11 (Urban Agriculture Ordinance Fall 2022) From: Amy Lyman <
Sent: Wednesday, November 2, 2022 3:52 PM
To: Autumn Buss <[email protected]>
Subject: Re: City Council meeting on proposed Urban Agriculture Ordinance Nov 8 CAUTION:EXTERNAL SENDER
If suspicious, do not click on links, open attachments, or provide credentials and report it by using the "Phish Alert Report" button.
Hello
I want to thank you and all the community development staff, city manager staff and city council members for continuing with this effort. I believe that the concerns raised by people in previous discussions have been addressed and mechanisms will be in place for people to decide any questions/issues that arise. I am really looking forward to seeing the first crops for sale at whatever farm stands pop up and through Farmster.
Thanks much,
Amy
11.A.d
Packet Pg. 286 Attachment: Public comment 2 11.8_Redacted (Urban Agriculture Ordinance Fall 2022) Community Response and Input Letter:
Local Food Production and Urban Agriculture in Cotati
November 3rd, 2022
Roy Smith
To:
City of Cotati Council Members.
Dear City staff, Council members, and Mayor,
Thank you for your ongoing work to promote and ensure the re-establishment of food production within the Cotati jurisdiction.
I have lived within a few miles of the Cotati Hub since 1978. My family gardened and farmed here into the early 1990's. I have watched as the population of our County has swollen and our ability to feed ourselves has declined. Our local history is one of a transition from selfsufficiency and food export to one of massive dependence and import. As a community, we are both dependent on the wider global economy and at the mercy of global food supplies.
The County General Plan, and Cotati Staff, have accurately identified the crucial importance of restoring urban and peri-urban food production and other residence-based economic activity.
Cotati now has the task and mandate to encourage, support, and facilitate food-related cottage industry within our residential zones.
However, the Local Food Ordinance (as of the October 11th Agenda) serves to restrict and chill local food production before it can even begin. The proposed ordinance treats residential family production as a nuisance that must be controlled, taxed, and monitored. It seeks to require invasive limits on how and when one can work in one's own home. Rather than supporting the home producer, it burdens her with permit fees, City, County, and State regulations. It subjects her to the censure and intrusion of any contrary neighbor or regressive government agent.
The ordinance can be improved via the following:
– Provide that all Produce, Garden, and Cottage Industry Stands are permitted “by-right” in all residential zones, without restriction.
– Protect Cotati residents by shielding them from County or State regulations under the provision of direct Producer → Patron sales.
– Recognize that residence-based production is by default organic, low-impact, lowmechanization, environmentally conservative, and pro-social. – Recognize that urban and peri-urban food production is not, and has never been, a nuisance activity.
– Reverse the language regarding the primary use of our homes and neighborhoods to emphasis the ability to provide food and livelihood over the exclusion of such activities.
If the current ordinance cannot be revised to truly support local food production, I request that this provision be shelved and taken up by future Councils in this or other jurisdictions.
Please see page 2-3 for specific line revisions to the 17.42 Ordinance.
11.A.e
Packet Pg. 287 Attachment: Cotati Local Food Ord - Letter_11-22 (002)_Redacted (Urban Agriculture Ordinance Fall 2022) Recommended 17.42 Ordinance Revisions
Revisions: F. Produce Stands and Garden Stands.
1. A produce stand shall not exceed a total floor area of four hundred square feet. A Garden Stand shall not exceed a total floor area of one hundred square feet. (Why? Production and sales will determine this. No benefit to the community is achieved with such intimate levels of regulation.)
2. Incidental items for sale that are not produced at an on-site or adjacent agricultural operation, such as bottled water, packaged snacks, or nonfood items, shall not exceed 10% of sales area or gross sales receipts, whichever is less, at a Produce Stand. Such items are prohibited at Garden Stands. Produce stands selling such items must provide a trash receptacle for customers’ use. (This restriction acts in direct opposition to the General Plan goal of economic divirsification, or any goal of entreprenueral development.)
3. Produce stands and Garden Stands may sell produce grown on-site or on an adjacent site within 1/4 mile, eggs produced on-site or at an adjacent site within 1/4 mile, and prepared food items made from produce ingredients grown on-site or on an adjacent site within Sonoma County, and produced and sold according to Cottage Food Operation registration and permit requirements of the County of Sonoma Department of Health Services and any requirements of the State of California.. (The role of the City of Cotati is to protect and expand the rights of local residents to care for themselves and their community. The City does not serve the public by insisting that all possible restrictions are applied to local producers.)
Revisions: 17.42.220 Community Gardens.
A. The use of mechanized equipment shall be limited in decibel noise to equipment typically found in residential uses, and subject to the same limitations in use. An exception is initial site preparation for planting, which may take place for a total of no more than 3 weekdays per year, between the hours of 9am and 5pm.
B. Cultivated areas shall be subject to five-foot setbacks from property lines. (Unreasonable and unnecessary).
C. Prior to cultivation, the soils shall be analyzed for potential toxicity or contamination that would render the site unsuitable for food crops.
D. A management plan addressing the governance structure of the garden, hours of operation, noise and vermin control, maintenance, responsible water use, security requirements, rules related to pesticide, herbicide, rodenticide, or synthetic fertilizer use, and other operating rules must be submitted to the City prior to initiation of any site preparation or gardening activities.
E. A primary point of contact for the community garden, including name, address, and phone number, shall be updated annually with the City and posted in public view at the garden site. (...provided to the City along with the management plan.) Revisions: 17.42.230 Market Gardens:
A. The use of mechanized equipment shall be limited in decible noise to equipment typically found in residential uses, and subject to the same limitations in use. An exception is initial site preparation for planting, which may take place for a total of no more than 3 weekdays per year, between the hours of 9am and 5pm.
B. The area of cultivation and related activities shall be limited to a total of one half-acre maximum, which may be non-continguous on the property. (Why include such a limitation? Unnecessary) C. Cultivated areas shall be subject to five-foot setbacks from property lines. (Unreasonable and uneccesary).
D. An on-site Garden Stand is allowed, up to a total floor area of one two hundred square feet and located out of the public right-of-way.
11.A.e
Packet Pg. 288 Attachment: Cotati Local Food Ord - Letter_11-22 (002)_Redacted (Urban Agriculture Ordinance Fall 2022) D. The Garden Stand may be operated a maximum of two any number of days per week between the hours of 7am and 7pm, and must be temporary in nature and dismantled and stored out of site of the public when not in operation (Uneccesary restriction to any functional Cottage economic activity). A minimum of two motor vehicle parking spaces, either on-street or off-street out of the public right-of-way, shall be required for operation of a Garden Stand, in accordance with Section
17.36.050.
E. A dwelling unit is required on the property as a primary land use. (A dwelling may be secondary to the primary activity of farming, but should be included for those working the land.) Revisions: 17.42.240 Urban Agriculture Standards:
A. Urban Agriculture land uses shall not be adversely affected by development of adjacent properties and the surrounding neighborhood in terms of noise, water runoff, pesticide runoff, equipment operation, hours of operation, odor, vermin, security, or vehicular traffic.
11.A.e
Packet Pg. 289 Attachment: Cotati Local Food Ord - Letter_11-22 (002)_Redacted (Urban Agriculture Ordinance Fall 2022) From: Evan Wiig
Sent: Wednesday, November 2, 2022 4:45 PM
To: Autumn Buss <[email protected]>
Cc: Wendy Krupnick
Subject: Comments re: urban ag ordinance
CAUTION:EXTERNAL SENDER
If suspicious, do not click on links, open attachments, or provide credentials and report it by using the "Phish Alert Report" button.
Hi Autumn,
On behalf of Community Alliance with Family Farmers, we want to thank the city of Cotati for continuing to seek solutions that allow for local food production in a way that benefits the whole community.
While we are generally in favor of the proposed changes, we do ask you to reconsider a few provisions:
17.42.220 Community Gardens & 17.42.230 Market Gardens
A. The use of mechanized equipment shall be limited to equipment typically found in residential uses, with operation limited to the hours of 9am to 5pm. An exception is initial site preparation for planting, which may take place for a total of no more than 3 weekdays per year, between the hours of 9am and 5pm.
We are concerned that the above provision lacks clarity and ask that the city focus on tangible impacts of machinery and not whether a tool is typically used, given that there are many small scale market garden tools that, while not typically found in your average home garden, are as or less intrusive to the surrounding neighborhood.
Related to this, we request the city extend the hours of the above-mentioned market garden tools, given the seasonal nature of growing food and to allow those who hold daytime jobs to pursue a market garden, which would be near impossible if they're restricted to 9am - 5 pm. Instead, we request that any existing noise curfews be applied here as they would elsewhere. A weed-whacker or loud music at 6pm on a residential property is no less intrusive than the sounds made by a market garden operation.
Lastly, for everyone's sake, we ask that the city provide clearer definitions to distinguish “Crop production, horticulture, orchard, vineyard” vs "Market Garden", as mentioned in the proposed changes.
Thank you very much. We look forward to the upcoming meeting.
Evan Wiig
Director of Membership & Communications
Community Alliance with Family Farmers
11.A.f
Packet Pg. 290 Attachment: Public Comment 1 11.8_Redacted (Urban Agriculture Ordinance Fall 2022) 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, 17.60.040 APPLICATION PREPARATION AND FILING,
17.62.030 LIMITED TERM PERMITS, 17.88.020 NOTICE OF HEARING, AND
17.90.020 DEFINITIONS; ADDING SECTIONS 17.42.220 COMMUNITY GARDENS,
17.42.230 MARKET GARDENS, AND 17.42.240 URBAN AGRICULTURE STANDARDS; 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 November 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 __________ recommending adoption of an Ordinance to amend the Code to promote urban agriculture to the City Council, with revisions.
WHEREAS, on November 8, 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.
Packet Pg. 291
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 Packet Pg. 292
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
Land Use(1)
Permit Required by District
OSC OSR RR RVL NL NM NU Specific Use
Regulations
Agricultural and Open Space Uses
Agricultural accessory
structure
UP UP P P – – – 17.42.020
Packet Pg. 293
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
Animal keeping S S S S S S S 17.42.040
Crop production,
horticulture, orchard,
vineyard(5)
– UP UP UP – – – 17.42.240
Market garden – – P P P P P 17.42.230,
17.42.240
Plant nursery – UP UP – – – –
Winery, small scale – – UP(2) – – – –
Industry, Manufacturing and
Processing, Wholesaling
Artisan/craft product
manufacturing
– UP UP(3) – – – –
Recreation, Education and Public Assembly Uses
Community garden(5) – UP P P P P P 17.42.220,
17.42.240
Equestrian facility – UP UP – – – –
Meeting facility, public or
private
– UP – – 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
Packet Pg. 294
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
Caretaker quarters UP UP – – – – –
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
Retail Trade
Accessory retail and services – – – – UP UP UP
Convenience store, 1,200 sq.
ft. or less
– – – – UP UP UP
Farmers Market(5) – UP – – – – –
Garden Stand _ _ P P P P P 17.42.130,
17.42.230
Produce stand(5) – UP UP UP – – 17.42.130
Land Use(1)
Permit Required by District
OSC OSR RR RVL NL NM NU Specific Use
Regulations
Services – Business and Professional
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
Packet Pg. 295
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
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 home
– – P P P P P
Child day care – Large family
day care home
– – P P P – – 17.42.060
Child day care – Day care
center
– UP – – – UP UP 17.42.060
Kennel, animal boarding – – UP – – – –
Lodging – Bed and breakfast
inn (B&B)
– – UP UP – – – 17.42.050
Personal services – 1,000 sq.
ft. or less
– – – – – UP UP
Key to Zoning District Symbols
OSC Open Space –
Conservation
NL Neighborhood – Low
Density
OSR Open Space –
Recreation
NM Neighborhood –
Medium Density
RR Rural Residential NU Neighborhood – Urban
RVL Residential, Very Low
Density
Notes:
(1) See Article 9 of this title for land use definitions. (2) May be approved only in conjunction with an on-site vineyard of three acres or larger.
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(3) May be approved only on a site of three acres or larger. (4) Use permit approval shall require that the review authority first find that the location of a proposed single-family dwelling on a parcel that may be further subdivided will not preclude future subdivision and development in compliance with the general plan. (5) Fees for Crop Production, horticulture, orchard, vineyard; Community Garden; Farmers Market; and Produce Stand planning permit applications shall be calculated at 50% of the fees set forth in the Fee Schedule as described in Section 17.60.060 Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of Public Hearing for these uses shall be mailed to property owners within a radius from the subject site of 600’, or greater at the Director’s discretion.
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
Land Use(1)
Permit Required by District
CE CG CD CI IG PF
Specific
Use
Regulations
Farmers market(7) MUP MUP MUP MUP UP UP
Key to Zoning District Symbols
CE East Cotati Avenue
Corridor
CI Commercial/Industrial
District
CG Gravenstein Highway
Corridor
IG General Industrial
District
CD Downtown
Commercial
PF Public Facility District
Notes:
(1) See Article 9 for land use definitions.
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(2) Use allowed only on second or upper floors, in compliance with Section 17.24.050(C), Limitation on the Location of Allowable Land Uses, or behind an allowed ground floor street frontage use.
(3) See Section 17.42.165, Retail use maximum floor area. (4) When the Department of Alcoholic Beverage Control allows customers under twenty-one years of age on the premises.
(5) Artisan/craft product manufacturing uses proposed in the CE, CG, CD, HC, LP, NG, and CA districts must be located within buildings and suites designed and oriented to engage and encourage pedestrian activity and interaction with the surrounding uses. Uses in these districts must also include retail storefront presence and design characteristics, with production and manufacturing design elements (such as loading doors, material storage, etc.) oriented away from the primary entrances and street frontages of developments where they are located. (6) MUP required for outdoor dining on private property in the CD district when the dining use abuts a residential land use.
(7) Fees for Farmers Market planning permit applications shall be calculated at 50% of the fees set forth in the Fee Schedule as described in Section 17.60.060 Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of Public Hearings shall be mailed to property owners within a radius from the subject site of 600’, or greater at the Director’s discretion.
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
Garden
Stand
2 spaces minimum, either on-street adjacent to the property or off-street, out of the public right-of-way.
SECTION 7: Amendment to the Cotati Municipal Code. Section 17.42.040 Animal Keeping is amended, as follows:
B. Allowable Animal-Keeping Activities and Permit Requirements.
Table 4-1
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Allowable Animal-Keeping and Permit Requirements
Type of Animal
Permit Requirement by Zoning District
OSC
OSR
RR RVL
Other Zone
Allowing
Residential
Use
Aviary (keeping of birds other than fowl
or poultry)
P P P P –
Beekeeping (for plant pollination
and/or honey production)
P P P P –
Boarding or breeding kennel – – MUP – –
Chickens P 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 than roosters
and chickens
P P P P –
Hogs and swine P P P – –
Horses and cows P P P MUP –
Roosters P – P – –
Other small animals (defined in Table 4-
2)
P P P P P
Other large animals (defined in Table 4-
2)
P P P MUP –
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
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Animal-Keeping Standards
Type of Animal or
Facility
Maximum Number of
Animals per Site(1)
Minimum Lot
Area(2)
Minimum Setbacks(3)
From
Side/Rear
Property Lines
From Streets
and Dwellings
Aviary for birds
other than fowl
and poultry
20 per acre 1/2 acre 25 ft. 50 ft.
Beekeeping N.A. 1 acre 25 ft. 50 ft.
Boarding or
breeding kennel
Requirements established by minor use permit approval, and subsection F of this section.
Chickens (hens) 20 per site No minimum
lot size
12 ft. 20 ft.
Dogs and cats 5 animals total on a site
less than 1 acre; 5 of each
species on a site of 1 acre
or more.
None
required
None required None required
Fowl and poultry
other than
roosters and
chickens
12 per acre 1/2 acre 25 ft. 50 ft.
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.
Other small
animals –
Chinchillas,
rabbits,
nonpoisonous
reptiles, rodents,
and other
nonpoisonous
animals of similar
size.
4 animals total on a site
less than 1 acre; 4 of each
species on a site of 1 acre
or more, where allowed by
Table 4-1.
None for 4 or
fewer
animals; 1
acre for 5 or
more animals.
None on a site
of less than 1
acre; 10 ft. on
a site of 1 acre
or more.
None on a site
of less than 1
acre; 25 ft. on
a site of 1 acre
or more.
Other large
animals – Emus,
goats, llamas,
miniature horses
4 per acre 1/2 acre 25 ft. 50 feet for
accessory
structure, none
for pasture.
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Type of Animal or
Facility
Maximum Number of
Animals per Site(1)
Minimum Lot
Area(2)
Minimum Setbacks(3)
From
Side/Rear
Property Lines
From Streets
and Dwellings
and donkeys,
ostriches, pot 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.
G. Chickens. In addition to the requirements of this section, the keeping of chickens shall comply with the following standards:
1. Accessory to Residential Use. The keeping of chickens shall be solely as an accessory use to a residential use, and may not be the primary use on any site within the city.
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. Confirmed 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.
5. 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 and are ultimately responsible for ensuring compliance with these standards. (Ord. 823 § 2(C) Exh. C (part), 2009; Ord. 766 § 2 Exh. A (part), 2004).
SECTION 8: Amendment to the Cotati Municipal Code. Section 17.42.130 Outdoor displays and sales is amended, as follows:
F. Produce Stands and Garden Stands.
1. A Produce Stand shall not exceed a total floor area of four hundred square feet. A Garden Stand shall not exceed a total floor area of one hundred square feet.
2. Incidental items for sale that are not produced at an on-site or adjacent agricultural operation, such as bottled water, packaged snacks, or nonfood items, shall not exceed 10% of sales area or Packet Pg. 301
gross sales receipts, whichever is less, at a Produce Stand. Such items are prohibited at Garden Stands. Produce Stands selling such items must provide a trash receptacle for customers’ use.
3. Produce stands and Garden Stands may sell produce grown on-site or on an adjacent site, eggs produced on-site or at an adjacent site, and prepared food items made from produce grown onsite or on an adjacent site and produced and sold according to Cottage Food Operation registration and permit requirements of the County of Sonoma Department of Health Services and any requirements of the State of California.
4. Produce Stands and Garden Stands shall adhere to standards and certification and registration requirements set by the California Department of Public Health, California Department of Food and Agriculture, and County of Sonoma Department of Health Services related to retail food sales, food safety, small farm food safety, and community food producers.
5. Produce Stands and Garden Stands shall obtain a City of Cotati Business License prior to commencing sales operations.
SECTION 9: Amendment to the Cotati Municipal Code. Section 17.42.220 Community Gardens is added, as follows:
17.42.220 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. The use of mechanized equipment shall be limited to equipment typically found in residential uses, with operation limited to the hours of 9am to 5pm. An exception is initial site preparation for planting, which may take place for a total of no more than 3 weekdays per year, between the hours of 9am and 5pm.
B. Cultivated areas shall be subject to five-foot setbacks from property lines.
C. Prior to cultivation, the soils shall be analyzed for potential toxicity or contamination that would render the site unsuitable for food crops.
D. A management plan addressing the governance structure of the garden, hours of operation, noise and vermin control, maintenance, responsible water use, security requirements, rules related to pesticide, herbicide, rodenticide, or synthetic fertilizer use, and other operating rules must be submitted to the City prior to initiation of any site preparation or gardening activities.
E. A primary point of contact for the community garden, including name, address, and phone number, shall be updated annually with the City and posted in public view at the garden site.
SECTION 10: Amendment to the Cotati Municipal Code. Section 17.42.230 Market Gardens is added, as follows:
17.42.230 Market Gardens.
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This section establishes standards for the operation of Market Gardens, where allowed by Chapter 17.22, Allowable Land Uses. The intent of these provisions is to ensure the compatibility between Market Gardens and other nearby uses.
A. The use of mechanized equipment shall be limited to equipment typically found in residential uses, with operation limited to the hours of 9am to 5pm. An exception is initial site preparation for planting, which may take place for a total of no more than 3 weekdays per year, between the hours of 9am and 5pm.
B. The area of cultivation and related activities shall be limited to a total of one half-acre maximum, which may be non-contiguous on the property.
C. Cultivated areas shall be subject to five-foot setbacks from property lines.
D. An on-site Garden Stand is allowed, up to a total floor area of one hundred square feet and located out of the public right-of-way. The Garden Stand may be operated a maximum of two days per week between the hours of 9am and 7pm, and must be temporary in nature and dismantled and stored out of site of the public when not in operation. A minimum of two motor vehicle parking spaces, either on-street or off-street out of the public right-of-way, shall be required for operation of a Garden Stand, in accordance with Section 17.36.050.
E. A dwelling unit is required on the property as a primary land use.
SECTION 11: Amendment to the Cotati Municipal Code. Section 17.42.240 Urban Agriculture Standards is added, as follows:
17.42.240 Urban Agriculture Standards.
This section establishes general standards for Urban Agriculture land uses and activities, including Crop Production, Market Gardens, and Community Gardens, where allowed by Chapter 17.22, Allowable Land Uses. The intent of these provisions is to ensure the compatibility between Urban Agriculture land uses and other nearby uses, particularly residential uses.
A. Urban Agriculture land uses shall not adversely affect the livability or appropriate development of adjacent properties and the surrounding neighborhood in terms of noise, water runoff, pesticide runoff, equipment operation, hours of operation, odor, vermin, security, or vehicular traffic.
B. Pesticides, herbicides, rodenticides, and synthetic fertilizers are strongly discouraged, and if used, shall not adversely impact adjacent properties or the surrounding neighborhood, including overspray, drift, dust, fumes, odors, runoff, soil contamination, plant contamination, or other negative impacts. Such use shall also not be allowed to contaminate the soil of the subject property or any adjacent properties.
C. Water conservation practices must be followed, in accordance with Section 13.30 and State of California Water Efficient Landscape Ordinance (WELO) standards.
D. Compost piles and containers must be set back at least 20 feet from dwellings on adjacent properties.
SECTION 12: Amendment to the Cotati Municipal Code. Section 17.62.030 Limited term permits is amended, as follows:
17.62.030 Limited term permit.
A. Purpose. This section establishes procedures for the granting of limited term permits for shortterm activities.
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B. Applicability. A limited term permit allows the short-term activities listed in subsection E of this section, that may not comply with the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. This section does not apply to weekly or otherwise frequently recurring farmers markets, which are instead subject to use permit approval as required by Section 17.22.020, Tables2-2 and 2-3 (Allowable Land Uses) of this title.
C. Review Authority. A limited term permit may be approved or denied by the director, in compliance with this section.
D. Exempt Temporary Uses and Activities. The following temporary uses and activities are allowed without obtaining a limited term permit. Temporary activities that do not fall within the following categories shall comply with subsection E of this section:
1. Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities;
2. Garage Sales. Garage sales, not to exceed three per year, and two consecutive days for each sale;
3. Public Property, or Public Right-of-Way. Activities conducted on public property that are approved by the council or as otherwise required by the municipal code;
4. Fund-Raising Car Washes. Fund-raising car washes, not to exceed six per year, on property within a commercial or industrial zone, or on institutional property;
5. Tents and Similar Temporary Structures. A tent or similar temporary structure, provided that it is located on a site for a maximum of seventy-two consecutive hours, by the end of which it shall be entirely removed from the site. No site shall have a tent or similar temporary structure more than two times per year.
6. Garden Stands and Produce Stands as allowed by Section 17.22.020 Table 2-2 (Allowable Land Uses) of this title.
SECTION 13: 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.
SECTION 14: Amendment to the Cotati Municipal Code. Section 17.60.040 Application preparation and filing is amended, as follows:
B. Preapplication Neighborhood Meeting. Each discretionary project requiring a Tentative Map or with a scope of development greater than one acre shall require a preapplication neighborhood Packet Pg. 304
meeting in compliance with the following requirements, to provide the opportunity for early input by affected neighbors. While neighborhood consensus or agreement is the goal, it is not a required outcome of the neighborhood meetings.
1. When neighborhood meetings are required:
a. A development proposal that requires a Tentative Map, or is a discretionary project disturbing a site greater than one acre, that requires a public hearing, and that may affect a residential neighborhood, shall require one or more neighborhood meetings in compliance with this Section.
b. A neighborhood meeting may be required for a development proposal that otherwise would not require a meeting if: there is significant controversy regarding the proposal, interest has been expressed by the neighborhood regarding the proposal, or the Director determines that a neighborhood meeting shall be held.
2. When neighborhood meetings are not required:
a. Neighborhood meetings are not required for nonresidential development proposals that are surrounded by nonresidential zoning districts and General Plan land use categories, unless there is an effect on a residential neighborhood, regardless of whether a public hearing is required.
b. Neighborhood meetings are not required for “ministerial” projects, including the issuance of Building Permits or other applications where the discretionary approval or permit has been granted.
3. Waiver of meeting requirement. The requirement for a neighborhood meeting may be waived in cases where the position of a neighborhood in favor of the proposal has been clearly established and/or recent contact with neighborhood representatives indicates that there is no interest in holding a meeting. In these cases, the Director shall determine whether to waive the requirement for a meeting.
4.Timing of neighborhood meeting.
a. When required, a neighborhood meeting shall be held before submittal of the application for the development proposal, except as identified in subparagraph 1b, above.
b. If the neighborhood meeting is held after submittal of the application for development, the application shall not be deemed complete until after the neighborhood meeting has been held.
5. Follow-up meeting encouraged. When a neighborhood meeting has been held before submittal of the application, applicants are encouraged to hold one or more follow-up neighborhood meetings with interested citizens to explain project changes prior to public hearings on the project.
6. Notification required.
a. A neighborhood meeting shall be noticed by mail to real property owners and occupants located in whole or in part within a minimum radius of 500 feet from the exterior boundaries of the Assessor’s parcels that are the subject of the development proposal. The Notice shall include the date, time, and place of the neighborhood meeting; the phone number and street address of the department, where an interested person may call or visit to obtain additional information; a description of the proposed project; and the location of the real property where the project is proposed.
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b. Additional notice may be required at the discretion of the Director, including alternate methods and/or the use of a greater noticing radius for projects of particular interest, scale, or size.
7. Staff responsibilities at meeting. City staff is required to attend the neighborhood meetings. The staff role is to identify and explain the City’s development review process and the adopted land use policies, including provisions of the General Plan and the Zoning Code as they relate to the development proposal under consideration. Staff may provide objective commentary on the proposal but is not expected to present a position or recommendation on the proposal at the neighborhood meeting. Staff shall also serve as moderator/facilitator and take meeting notes.
8. Applicant responsibilities at meeting. The applicant or applicant’s representative is required to attend the neighborhood meeting and present basic project information including the following:
a. Site analysis, graphically depicting existing conditions and the neighborhood context; b. Conceptual site plan showing locations of all proposed structures, roads, parking areas, landscaping, and conceptual parcel lines with approximate dimensions; c. Conceptual building and architectural design information; d. Proposed density and/or purpose of the project and its target market.
9. Independent professional staff recommendation required. Neighborhood or applicant comments and recommendations are not binding on staff. City staff will consider the neighborhood comments, as well as those of all referral agencies/organizations, but will formulate its own independent professional recommendation to the applicable review authorities.
SECTION 15: Amendment to the Cotati Municipal Code. Section 17.88.020 Notice of Hearing is amended, as follows:
4. Project Sign. If the proposed project requires a neighborhood meeting in compliance with Section 17.60.040 B, a project sign shall be required. The applicant shall install a project sign of four feet tall by eight feet long on the subject property in a place conspicuous to the public, at least ten days before the date of the public hearing. The sign shall include the date, time, and location of the hearing; the phone number and street address of the department, where an interested person may call or visit to obtain additional information; and a description of the proposed project.
SECTION 16: 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:
“Community garden” means a site used for growing plants for food, fiber, herbs, flowers, and other usesfor personal use and/or donation, which is shared and maintained by community residents and/or a nonprofit, educational, governmental, or other charitable organization. “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.
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Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the field such as Community Supported Agriculture (CSA), not including sales sheds, which are instead defined under “Produce stand.” Does not include greenhouses which are instead defined under “Plant nursery,” and “Residential accessory use or structure,” or containerized crop production, which is instead defined under “Plant nursery.” Does not include home gardening, which is allowed as an accessory use in all zoning districts without city approval “Market Garden” means small-scale agricultural production for sale or donation, as an accessory use on a residential property with at least one dwelling unit. “Garden Stand” means a temporary business established and operated for a specific time, selling raw, unprocessed fruits, vegetables, nuts, eggs, and other produce in its raw or natural state, and/or prepared food items made from produce grown on-site or on an adjacent site and produced and sold according to Cottage Food Operation registration and permit requirements of the County of Sonoma Department of Health Services and any requirements of the State of California, and that is accessory to an on-site Market Garden use. “Produce stand” means a temporary business established and operated for a specific time, selling raw, unprocessed fruits, vegetables, nuts, eggs, and other produce in its raw or natural state, and/or prepared food items made from produce grown on-site or on an adjacent site and produced and sold according to Cottage Food Operation registration and permit requirements of the County of Sonoma Department of Health Services and any requirements of the State of California, and that is accessory to an on-site Urban Agriculture use. “Urban Agriculture” means the Community garden; Crop Production, horticulture, orchard, vineyard; and Market garden land uses.
SECTION 17: 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 18: 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 19: Effective date.
This ordinance shall take effect thirty (30) days after its adoption pursuant to California Government Code.
SECTION 20: Publication. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.
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Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy 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
_______________________________
Kevin Patterson, Deputy City Clerk
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy 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
_______________________________
Kevin Patterson, Deputy City Clerk
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Update on City Fee Schedule
Date: November 08, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council discuss the additional information requested and if additional fee reductions are directed, adopt a motion authorizing those fee reductions.
Background
On July 27, 2021, the City Council adopted a comprehensive update to the City fee schedule.
After discussion, the City Council directed changes to the following fees:
• Electric Vehicle Charger Installation (discussion was focused on residential chargers) • Water Turn on Fees
• Water/Sewer Account Deposit for renters and homeowners.
Following this meeting, staff updated the water turn on fees and water/sewer account deposits as directed. As discussed further below, it was discovered that the residential electric vehicle charger installation permit fee was not updated in the fee schedule.
On September 27, 2022, the City Council adopted an updated fee schedule, which goes into effect 60 days following adoption (effective November 12, 2022). Prior to going into effect, the City Council asked staff to follow up on a couple of building permit fees:
• Electric Vehicle Chargers
• Park Use Fees; particularly for events like the Farmers Market Analysis/Discussion
Electric Vehicle Chargers
When staff looked into this issue, it was discovered that the City Council had directed a reduction in this fee last year to $200 for residential chargers. Note that there was no explicit discussion to change the proposed fee for commercial chargers under or over 50 amps (set at
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$495/$674, respectively).
Upon discovering this oversight, staff reviewed building permit records to determine if any residential or commercial permits have been issued after adoption of the new fee schedule. At this time, none have been found, but staff is continuing to search through combined permits to look for “bundled” work. If any permits are discovered that were issued in the past year, the City will refund the difference as the published fee schedule had an incorrect fee amount. In any case, the permit schedule that will go into effect will indicate the updated fee of $200 for residential chargers unless further changes are directed by the City Council.
Park Use Fees
Prior to 2020, the park fee for events with 50-250 attendees was $150 per event (or week, in the case of the Farmers Market). In accordance with the adopted Park Use Policy, a 50% discount is available to non-profits if no admission fee is charged, which lowered the cost to $75 per week for the Farmers Market. This included allowing them storage all season behind the stage and public works hanging their signs and banners.
With the onset of COVID-19, the City Council adopted Resolution 2020-31 and 2020-59, which included a waiver of park use fees for community events. Therefore, events like the Farmers Market paid $0 in fees to the City from 2020-2022.
Under the updated fee schedule, the cost for this type of event is $200. Using the 50% non-profit allowance in the Park Use Policy, the actual cost will be $100 per week for the Farmers Market in 2023, including free storage and hanging banners and signs. For reference, staff were able to find the following comparable fees in other cities:
City Park Rental Fee Amount*
Santa Rosa $184 (101-200 people)
Petaluma $189 (20-250 people, community event)
Rohnert Park $139 per 4-hour block (Except Alicia Park, City Center Plaza) Healdsburg $133 (limit to 100 people). Special event permits are $1,286-$2,116 *Note: Some cities also charge a $25 application fee.
Financial Considerations
Unless directed to change the adopted fees, there are no further financial considerations.
Environmental Issues
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Committee Assignment Process
Date: November 08, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council discuss the committee assignment process and provide verbal direction to staff.
Background
Each year, the City Council reviews assignments to committees, commissions and regional assignments that are directly appointed by the City Council. This is typically done concurrently with the City Council reorganization on off-election years in December. If new City Council members join the City Council on election years, appointments are typically made at the first meeting in January.
At the September 27, 2022 City Council meeting, Councilmember Sparks requested an item to discuss revising the current process for committee appointments to make it a two-step process.
The Brown Act limits discussion around appointments prior to the City Council meeting, such that no more than two council members can discuss a particular appointment in advance. The proposed two-step process would agendize the item for a non-action discussion and then make the appointments at the next available City Council meeting.
Analysis/Discussion
When discussing appointments, staff provide the attached Cotati City Council Appointments and Assignments sheets, in both summary and detail form, for review and as a guide for the discussion. This worksheet lists active committees and approximate time commitments, including a calendar of the various meetings, as many of the required meetings occur during normal work hours.
Adding a second meeting to approve appointments may result in a minor delay in sending representatives to regional bodies in post-election years. In those years, appointments would presumably not be made until the end of January.
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Financial Considerations
Adding a second item to make appointments will not have a significant fiscal impact.
Environmental Issues
The action of assigning representatives and liaisons to various committees and commissions does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.
Attachments:
Committee Appointment Summary (DOCX)
Committee Appointment Detail (DOCX)
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C:\users\kepatterson\appdata\roaming\iqm2\minutetraq\[email protected]\work\attachments\5014.docx Cotati City Council
Appointments and Assignments for 2022
REVISED 118/3/2022
Name of Committee Current
Member(s)
Alternate
POSITIONS HELD BY COUNCILMEMBERS
Ad Hoc Sub-Committees
Ad Hoc on Diversity, Equity, and Inclusion Laura Sparks Susan Harvey Standing Sub-Committees
None
Regional Committees/Boards
(City Council Appointed)
Assoc. of Bay Area Governments (ABAG) Susan Harvey Mark Landman CRPUSD (Cotati-Rohnert Park Unified School District) 2x2x2 Susan Harvey Laura Sparks Rohnert Park-Cotati Library Advisory Board Laura Sparks N/A Mayors’ and Councilmembers Legislative Committee Representative Mark Landman John Moore REMIF/CIRA Board of Directors John C. Moore Damien O’Bid Russian River Watershed Association Mark Landman Susan Harvey Sonoma Clean Power Mark Landman Ben Ford
Sonoma County Health Action + Monthly RP-Cotati Chapter (Dissolved) Laura Sparks Susan Harvey Sonoma Co. Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA)
Mark Landman Susan Harvey
Sonoma Co. Waste Management Agency (SCWMA) Susan Harvey Damien O’Bid Sonoma Water Advisory Committee Susan Harvey Mark Landman Groundwater Sustainability Agency (Santa Rosa Plain) Susan Harvey Mark Landman League of California Cities’ Annual Meeting Voting Delegate (assigned prior to meeting)
(assigned prior to
meeting)
Liaisons
Cotati Chamber of Commerce John C. Moore Susan Harvey
Regional Committees/Boards
(Appointments as Indicated)
Joint Cotati City Council/Rohnert Park City Council Appointments Continuum of Care Board of Directors John C. Moore N/A
Mayors’ and Councilmembers’ Association Appointments
Executive Board/City Selection Committee Mayor Vice Mayor League of California Cities’ North Bay Exec. Board Susan Harvey N/A Recommended by City Selection Committee (Appointed by County Board of Supervisors) LAFCO Mark Landman N/A
POSITIONS HELD BY COTATI CITIZENS
(APPOINTED BY CITY COUNCIL OR BOARD OF SUPERVISORS, AS NOTED) AB 939 Local Task Force (Board of Supervisors appointment) Mark Soiland N/A Library Commission-Sonoma County Library (City Council appointment) Rachel Parker N/A Marin/Sonoma Mosquito Vector Control Dist. (City Council appointment) Vacant N/A
12.B.a
Packet Pg. 313 Attachment: Committee Appointment Summary (Multiple Meetings to Discuss Council Assignments)
C:\users\kepatterson\appdata\roaming\iqm2\minutetraq\[email protected]\work\attachments\5015.docx Cotati City Council
Appointments and Assignments Worksheet 2022
REVISED 11/3/2022
Name of
Committee
Current
Member(s)
Alternate Hours/Duties
POSITIONS HELD BY COUNCILMEMBERS
Ad Hoc Sub-Committees
Ad Hoc on
Diversity, Equity,
and Inclusion
Laura
Sparks
Susan
Harvey
Dept.: City Manager
Hours: Meets as needed
Duties: To explore ways to improve equity and
inclusivity at the City and in our community.
Standing Sub-Committees
None
Regional Committees/Boards
City Council Appointed Positions
Assoc. of Bay Area
Governments
(ABAG)
Susan
Harvey
Mark
Landman
Dept.: City Manager
Hours: General Assemblies meeting in spring and fall
Duties: Attend and vote as needed at general
assembly meetings
Note: ABAG Alternates have voting rights
CRPUSD (CotatiRohnert Park
Unified School
District ) 2x2x2
Susan
Harvey
Laura
Sparks
Meets infrequently as needed to discuss issues in
common with the Cities of Cotati and Rohnert Park
and the Cotati-Rohnert Park Unified School District.
Rohnert ParkCotati Library
Advisory Board
Laura
Sparks
N/A Optionally attend meetings in February, April, June, August, October and December, normally on the 3rd
Tuesday at 4:00 p.m. at the Rohnert Park-Cotati
Regional Library. Liaisons are non-voting members.
12.B.b
Packet Pg. 314 Attachment: Committee Appointment Detail (Multiple Meetings to Discuss Council Assignments)
C:\users\kepatterson\appdata\roaming\iqm2\minutetraq\[email protected]\work\attachments\5015.docx Name of
Committee
Current
Member(s)
Alternate Hours/Duties
Mayors’ and
Council Members
Legislative
Committee Liaison
Mark
Landman
John Moore Dept.: City Manager.
Hours: Meetings the first Friday of the month, at 9:30
a.m. in the Maple room at the Finley Center in Santa
Rosa. Meetings are usually 1-1/2 to 2 hours long.
Duties: Review all proposed legislation that could
have an effect on cities; provide feedback to our
League of Cities coordinator and potentially issue
letters on pending legislation. As needed, agendize
letters of support or opposition to a particular piece
of legislation.
REMIF/CIRA
Board of Directors
John C.
Moore
Damien
O’Bid
Dept.: Administrative Services
Hours: Board meetings 4 times per year from 12:00-
2:00 p.m. at Healdsburg City Hall; 2-day annual
meeting each January (location rotates); annual
PARMA conference each February
Duties: Day to day management of risk management
activities.
Qualifications: Specialized knowledge of risk
management; recommended that staff be appointed.
Russian River
Watershed
Association
Mark
Landman
Susan
Harvey
Dept.: Public Works
Hours: Meetings typically held from 9-11 am on 4th
Thursday of the month every other month in
Windsor. 2 hours every other month for Board
meeting, plus time for preparation, travel, etc.
Duties: Attend RRWA Board meetings, as Cotati is a
member. This group works on a variety of watershed
issues that affect all members in the Russian River
Watershed. It is an informational and advocacy
group that focuses on watershed pollutants, permit
issues, etc. The biggest issue currently is the pending municipal stormwater discharge permits.
Qualifications: Should have an interest and
preferably background in regional watershed issues.
12.B.b
Packet Pg. 315 Attachment: Committee Appointment Detail (Multiple Meetings to Discuss Council Assignments)
C:\users\kepatterson\appdata\roaming\iqm2\minutetraq\[email protected]\work\attachments\5015.docx Name of
Committee
Current
Member(s)
Alternate Hours/Duties
Sonoma Clean
Power
Mark
Landman
Ben Ford Dept: N/A
Hours: Meets in Santa Rosa on the 1st Thursday of
every month from 8:45a – 12 noon.
Duties: Represent Cotati on regional green power
agency
Sonoma County
Health Action
Laura
Sparks
Susan
Harvey
This committee has been dissolved.
Sonoma Co.
Transportation
Authority/Regional
Climate Protection
Authority
(SCTA/RCPA)
Mark
Landman
Susan
Harvey
Dept.: Public Works
Hours: Meetings typically held from 3:00-5:00 pm on
1st Monday of the month in Santa Rosa. 2 hours
every month for SCTA Board meetings, plus time for
preparation, travel, etc. Agendas and related
documents are lengthy and very time consuming to
review. Allow 10 hours minimum per month.
Duties: Weigh in on a myriad of transportation
related issues, including all modes of transportation.
Involved in local and regional (Caltrans) projects.
Also evolving to coordinate county wide GHG
reduction efforts, which will become important.
Qualifications: Should have an interest in and
preferably a background in transportation issues,
including how they relates to GHG emissions.
*This is a critical assignment.
Sonoma Co. Waste
Management
Agency (SCWMA)
Susan
Harvey
Damien
O’Bid
Dept.: City Manager
Hours: Meets in Santa Rosa on 3rd Wednesday 9-11a,
time commitment approx. 6 hours/month
Duties: Joint Powers agency with oversight of
landfill and county-wide recycling efforts and
hazardous materials.
12.B.b
Packet Pg. 316 Attachment: Committee Appointment Detail (Multiple Meetings to Discuss Council Assignments)
C:\users\kepatterson\appdata\roaming\iqm2\minutetraq\[email protected]\work\attachments\5015.docx Name of
Committee
Current
Member(s)
Alternate Hours/Duties
Sonoma Water
Advisory
Committee
Susan
Harvey
Mark
Landman
Dept.: Public Works
Hours: Meetings typically held from 9-12 am on 1st
Monday of the month at the Laguna WWTP. 3 hours
every month for WAC Board meetings, plus time for
preparation, travel, etc. Agendas and related
documents are lengthy and very time consuming to
review. Allow 10 hours minimum per month
Duties: Weigh in on issues related to SCWA water
supply. The upcoming SCWA budget, Draft EIR,
Biological Opinion and possible contract negotiations
will be very time consuming and may also require
out of state travel to advocate on behalf of the City.
Qualifications: Should have an interest in and
background in regional water supply issues. It will
be especially important as the City deals with these
issues.
*This is a critical assignment. If the representative
does not attend the City does not get a vote. Staff are not able to vote on behalf of the City.
Groundwater
Sustainability
Agency
Susan
Harvey
Mark
Landman
Dept: Public Works
Hours: Typically 2nd Thursday, every other month, 1-
3:30 PM
Duties: Administered by Sonoma Water, Cotati sits
on the GSA Board for the Santa Rosa Plain. This
board reviews groundwater management activities
and oversees monitoring.
Qualifications: Should have an interest in and
background in regional water supply issues.
League of
California Cities’
Annual Meeting
Voting Delegate
(assigned
prior to
meeting)
(assigned
prior to
meeting)
Annual business meeting.
Liaisons
Chamber of
Commerce
John C.
Moore
Susan
Harvey
Attend monthly Chamber of Commerce Board of
Director’s meetings on the 1
st Tuesday at 5:15 p.m.
12.B.b
Packet Pg. 317 Attachment: Committee Appointment Detail (Multiple Meetings to Discuss Council Assignments)
C:\users\kepatterson\appdata\roaming\iqm2\minutetraq\[email protected]\work\attachments\5015.docx Name of
Committee
Current
Member(s)
Alternate Hours/Duties
Regional Committees/Boards
Appointments as Indicated
Joint Cotati City Council/Rohnert Park City Council Appointments Continuum of Care
Board of Directors
(Cotati-Rohnert
Park
Representative)
John C.
Moore
N/A Dept.: City Manager
Hours: Meets as needed
Duties: To ensure a well-functioning homelessness
system of care in Sonoma County that works for the
entire county.
Mayors’ and Councilmembers’ Association Appointments
Executive Board
and City Selection
Committee
Mayor Vice Mayor Member and alternate established by Gov’t Code § 50270 et seq
League of
California Cities’
North Bay Exec.
Board
Susan
Harvey
N/A Appointed by the Mayors’ and Councilmembers’
Association Board of Directors; term expires TBD
Board of Supervisor Appointments (Recommended City Selection Committee) LAFCO Mark
Landman
N/A Dept.: Board of Supervisors appointment;
Recommended by City Selection Committee; current
term expires 5/2023
Hours: Monthly in the Board of Supervisors’
Chamber on the first Wednesday at 2:00 p.m.
Duties: To regulate the boundaries of cities and
special districts.
POSITIONS HELD BY COTATI CITIZENS
(APPOINTED BY CITY COUNCIL OR
THE BOARD OF SUPERVISORS, AS NOTED)
12.B.b
Packet Pg. 318 Attachment: Committee Appointment Detail (Multiple Meetings to Discuss Council Assignments)
C:\users\kepatterson\appdata\roaming\iqm2\minutetraq\[email protected]\work\attachments\5015.docx AB 939 Local Task
Force
Mark
Soiland
N/A Dept.: City Manager
Hours: Bi-monthly - Second Thursday of the month -
1:30-3:00 p.m. - at Sonoma County Department of
Transportation & Public Works
Duties: To develop goals, policies, and procedures
which are consistent with guidelines and regulations
adopted by the Board, to guide the development of
the Siting Element of the County-wide integrated
waste management plan.
Library
Commission –
Sonoma County
Library
Rachel
Parker
N/A Dept.: N/A
Hours: Meets at Santa Rosa City Hall, generally
meets monthly on the first Monday, but the day may
vary, with additional special meetings as needed.
Duties/term: Council-appointed citizen
commissioner.
Marin/Sonoma
Mosquito and
Vector Control
District
(MSMVCD)
Vacant N/A Dept.: N/A
Hours: Meets monthly at MSMVCD headquarters in
Cotati at 7:00 p.m. on the 2nd Wednesday of each
month.
Duties/term: Council-appointed citizen
commissioner.
12.B.b
Packet Pg. 319 Attachment: Committee Appointment Detail (Multiple Meetings to Discuss Council Assignments) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: City Council Team Building Proposal
Date: November 08, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council discuss the proposed scope of work and provide verbal direction to staff.
Background
At the September 27, 2022, City Council meeting, the City Council agreed to agendize Councilmember Sparks’ request to discuss teambuilding.
Analysis/Discussion
Staff reached out to all City Managers in Sonoma County to inquire about firms that run City Council team building efforts. Unanimously, Management Partners was recommended, with many having direct experience with this consulting firm.
The attached proposal is similar to the annual strategic planning session currently run by staff, but with formal one-on-one interviews with City Councilmembers in advance and workshop time dedicated to how best work together as a team to achieve shared goals.
Financial Considerations
The proposed scope of work provided totals $15,900. This one-time expenditure would be funded with a budget adjustment for the General Funds - City Council Department – Professional Contract Services account. Although this requires new budgetary funds, the overall fund balance requirement would be offset by the reduction in budgeted election expense listing under General Funds - City Managers Department - Election Cost of $25,000.
If the City Council directs staff to proceed with the attached scope of work, the contract amount is within the City Manager’s contracting authority.
Environmental Issues
12.C
Packet Pg. 320
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
Attachments:
City Council Team Building Proposal (PDF)
12.C
Packet Pg. 321
City of Cotati
October 14, 2022
1 October 14, 2022
Mr. Damien O’Bid
City Manager
City of Cotati
201 West Sierra Avenue
Cotati, CA 94931
Delivered electronically
Dear Mr. O’Bid:
Thank you for the opportunity to provide this proposal to facilitate your City Council retreat in the first quarter of 2023. We understand the value of allocating time for focusing on governance and establishing goals for the coming year. Rick Haydon will serve as facilitator, assisted by another member of our team.
The City of Cotati has complex operations and unique challenges. Based on our understanding of your needs, we will design a workshop to precisely meet your needs.
Approach
The Council workshop will be planned through a collaborative approach between our team and your staff to ensure the session is productive and meets Council members’ and your objectives. To optimize Council members’ and staffs’ time during the retreat, we are proposing that careful advance planning be done. This planning will include meeting with you and your team to discuss the retreat and your desired outcomes; conducting interviews with each Council member; preparing an agenda and other materials; and coordinating workshop logistics with your staff. Following the retreat, we will prepare a report that documents the direction provided by the Council.
Proposed plan of work
The plan of work anticipated for the engagement is described below. It will be conducted in one day. The retreat will be conducted in person, with all preparation done remotely.
Activity 1 – Gather Background Information and Conduct Interviews Rick will begin by meeting with you to learn about your objectives for the workshop and other background information, such as existing goals, context for the workshop, and financial information. He and our analyst assigned to the engagement will jointly interview each Council member to gather their input about expectations and priorities, and will ask questions such as:
What do you view as the City’s key accomplishments over the past year? What major challenges is Cotati facing?
What are your top priorities for the coming year?
What protocols or norms you would like to discuss?
What do you hope will be accomplished at the workshop? Following these interviews with the Council, we will consolidate the information, which will be an important part of planning the workshop.
Baker Tilly US, LLP
1730 Madison Road
Cincinnati, Ohio, 45206 and
T: +1 (513) 861-5400
bakertilly.com
12.C.a
Packet Pg. 322 Attachment: City Council Team Building Proposal (City Council Facilitation) City of Cotati
October 14, 2022
2 Activity 2 – Design and Facilitate Workshop
We will carry out the following tasks in preparing for and facilitating the one-day workshop. Prepare a draft agenda, PowerPoint presentation, table containing the priorities listed by members of Council in their interviews, and summary of the Council interviews. Review the draft agenda with you and then finalize it along with other materials. Coordinate with your staff about workshop logistics.
Workshop discussions may include topics such as:
Status of current goals;
The work program currently in place;
Financial forecast;
Challenges, key trends, and issues affecting the City; Priorities and expectations identified through interviews with members of Council; Factors that will help the Council and staff collaboratively achieve priorities and expectations; Governance norms and protocols; and
Other issues that will have been identified through pre-meetings and interviews.
The workshop will be designed to highlight Council interests and provide significant interaction and discussion among Council and with staff. All participants will be able to collaboratively and productively discuss expectations and priorities. Rick will facilitate a process for the Council to reach consensus on direction, following a thorough discussion.
Prepare Workshop Report. After the workshop, we will prepare a report summarizing the results, priorities established and follow-up steps to be taken.
About Baker Tilly
Delivering specialized expertise to our public sector clients The City of Cotati will be working with knowledgeable professionals who understand the specific challenges you face and who will provide innovative solutions to help you overcome them. State and local government is a complex, unique environment shaped by fiscal, regulatory and operational considerations not found in other industries. Recognizing this complexity, and eager to serve as a truly valued advisor to the public sector. Nationwide, our state and local government practice serves more than 3,100 state and local governmental entities, including municipalities, special districts, counties, public utilities, school districts and transit.
Celebrating our recent combination with Management Partners.
In October 2022, Management Partners combined with Baker Tilly US, LLP (Baker Tilly) to create a premier public sector consulting practice. The fast pace of change in local government – from towns to cities to counties – is not slowing down. To continue serving and improving communities, local leaders need trusted consultants to help navigate change. This combination adds a unique and significant layer of experience to Baker Tilly’s robust public sector practice. Our project team members are former local government leaders and managers stemming from all operational facets. They have nearly three decades of fieldtested techniques and proven methodologies.
Our combined services include:
12.C.a
Packet Pg. 323 Attachment: City Council Team Building Proposal (City Council Facilitation) City of Cotati
October 14, 2022
3 Executive Recruitment
Executive Coaching
Executive Performance Assessment
Organization Assessments
Organization Development
Performance Management
Process Improvement
Strategic and Business Planning
Service Sharing and Service
Consolidation
Management Services
Financial Planning, Budgeting and
Analysis
References
We encourage you to connect with Management Partners’ clients (now Baker Tilly) below to learn more about the value of their relationship with our team. Each client will offer a different perspective as you consider your own needs.
CITY OF SEAL BEACH, CALIFORNIA
Name Ms. Jill Ingram Title City Manager
Phone 562-431-2527 Email [email protected]
Description City Council Workshops in 2021 and 2021
CITY OF NAPA, CALIFORNIA
Name Mr. Steve Potter Title City Manager
Phone 707-257-9501 Email [email protected]
Description City Council Workshop in 2022
Aligning key engagement team members with your goals
Your handpicked team of professionals offers a collaborative focus supported by the breadth and depth of our firm’s national resources. We believe in strong personal relationships, and this means a personal interest in the City of Cotati from some of our most experienced team members. The facilitator will be Rick Haydon, and his qualifications are provided below. Another member of our team will assist Rick with this project and serve as a recorder during the onsite workshop.
ENGAGEMENT TEAM FOR COTATI
Rick Haydon, Special
Project role: Facilitator
Has more than 30 years of municipal government experience, with an expertise in strategic planning, goal setting, organizational and policy analysis, project management, long-range forecasting, and budgeting.
Facilitates governing body workshops, including strategic planning, priority setting, teambuilding and development of norms and protocols.
12.C.a
Packet Pg. 324 Attachment: City Council Team Building Proposal (City Council Facilitation) City of Cotati
October 14, 2022
4 ENGAGEMENT TEAM FOR COTATI
Manages organization analysis and financial forecasting projects.
Served as City Manager for the California Central Coast cities of Santa Maria and Solvang.
Worked for five cities, a county and a joint powers authority over the course of his career.
In Santa Maria, oversaw a full-service city of more than 100,000 residents, a workforce of over 700 employees and an annual operating budget of $163 million; responsible for the day-to-day operations of the City and coordinated the budget process. Responsible for Santa Maria's 21 consecutive California Municipal Finance Officer’s (CSMFO) Excellence in Budgeting Awards and 10 consecutive biennial Government Finance Officers Association (GFOA) Distinguished Budget Presentation Awards.
Prior to joining Management Partners/Baker Tilly, operated his own management consulting firm that specialized in goal setting workshops for city councils, strategic planning, and organizational analysis.
Professional fee estimate
Baker Tilly will complete this plan of work for $15,900, which includes all fees and expenses. The ultimate test of a quality project is that the client is pleased with the results, and we are committed to achieving that goal.
Conclusion
Thank you for the opportunity to make tangible contributions to your success. Our team is excited to earn your trust, and we look forward to discussing your questions and feedback. If you have questions about our proposal, please contact Jan Perkins, Managing Director, at 949-202-8870.
Sincerely,
Carol Jacobs, Managing Director
Baker Tilly US, LLP
+1 (714) 287-1547 | [email protected]
Accepted for the City of Cotati by:
Name: _____________________________
Title: _____________________________
Date: _____________________________
12.C.a
Packet Pg. 325 Attachment: City Council Team Building Proposal (City Council Facilitation) City of Cotati
October 14, 2022
5 The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought. © 2022 Baker Tilly US, LLP.
Baker Tilly US, LLP, trading as Baker Tilly, is an independent member of Baker Tilly International. Baker Tilly International Limited is an English company. Baker Tilly International provides no professional services to clients. Each member firm is a separate and independent legal entity, and each describes itself as such. Baker Tilly US, LLP is not Baker Tilly International’s agent and does not have the authority to bind Baker Tilly International or act on Baker Tilly International’s behalf. None of Baker Tilly International, Baker Tilly US, LLP nor any of the other member firms of Baker Tilly International has any liability for each other’s acts or omissions. The name Baker Tilly and its associated logo is used under license from Baker Tilly International Limited.
12.C.a
Packet Pg. 326 Attachment: City Council Team Building Proposal (City Council Facilitation) Cotati City Council
Agenda Staff Report
Item type: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED To: City Council
Subject: Information received after the agenda was posted.
Date: November 08, 2022
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
Information or written comments pertaining to this meeting, and which was received after the agenda was posted, is attached below.
Pursuant to City Council Policy 2021-01: City Council Rules section IV A., written Communications, interested persons or their authorized representative may address the Council by written communication on any matters concerning the City’s business, or any matters over which the Council has control.
1. To be considered for inclusion in the agenda packet, such written communication shall be delivered to the Deputy City Clerk no later than 11:00 a.m. of the Wednesday the week preceding the regular Council meeting for which such written communication is intended.
2. If received after the above date and time, but no later than noon the day before the meeting, written communications received by the Deputy City Clerk shall be posted on the website by the end of that day and notification provided to the electronic Agenda mailing list by the end of the day. All written communications received by the Deputy City Clerk by 5 pm on the City Council meeting day shall be made available to the City Council and public at the City Council meeting.
City Council Policy 2021-01 is available at the online meeting portal at www.cotaticity.org or by request from the Deputy City Clerk at 707-665-3622 or [email protected].
16.A
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