Potential Zoning Code
Amendment to Promote
Urban Agriculture
City Council Public Hearing
Community
Development
Department
November 8, 2022 UCANR
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
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
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
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
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.
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
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
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
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.
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
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.
Questions?