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.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:
SECTION 1: Recitals.
The above recitals are true and correct and are incorporated into the findings herein.
SECTION 2: Record
The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the 2015 General Plan, 2) the FEIR certified for the 2015 General Plan, and 3), all staff reports, City files and records and other documents prepared for and/or submitted to the City Council related to adoption of a Zoning Code amendment promoting urban agriculture.
SECTION 3: General Plan Consistency
The Council of the City of Cotati does hereby find that the proposed ordinance to amend the Land Use Code to facilitate urban agriculture is in the best interest of the City because it furthers established goals, policies, and implementation programs of the General Plan to promote local food production, access to healthy food, and urban agriculture.
Specifically, these amendments are consistent with and implement the following General Plan policies and programs:
GOAL CHW 3: Ensure All Residents Have Convenient Access to Healthy and Nutritional Food Options.
Objective CHW 3A: Increase the Availability and Variety of Healthy Food Options Policy CHW 3.1: Promote the availability of fresh fruits and vegetables and healthy foods and support a wide range of healthy food sources.
Policy CHW 3.2: Encourage sustainable local food systems including farmer’s markets, community gardens, edible school yards, community supported agriculture, neighborhood garden exchanges, urban agriculture, federal food assistance programs, and healthy food retailers.
Policy CHW 3.3: Recognize that urban agriculture has the potential to supplement the availability of fresh fruit and vegetables in the community, provide economic opportunities to Cotati residents, lower food costs, reduce overall energy consumption and build social cohesion. Action CHW-3d:
Work with appropriate local agencies, service providers, non-profits, community groups and regulatory agencies to explore the potential for creating, expanding and sustaining local urban agriculture, including community gardens, and orchards. The work effort should explore the feasibility of implementing the following strategies:
• Promoting urban agriculture as a desirable civic activity that improves the quality of urban life, food security, neighborhood safety and environmental stewardship; • Supporting the development of appropriate agriculture in residential, industrial, business, and open space zones;
• Support farm to institution (such as schools, hospitals, nursing homes, daycare centers) and businesses (such as restaurants and food outlets), while creating economic opportunities for urban growers and related industries; • Support efforts of local gardening organizations to promote the development and expansion of family and community gardens as well as edible landscaping; • Encourage and promote local garden food exchanges and local food cooperatives; and • Work with representatives of local farming organizations to meet needs unique to urban farm enterprises.
GOAL CON4: Protect and Preserve Cotati’s Historic and Cultural Resources Objective CON 4B: Protect Important Historic Resources and Use these Resources to Promote a Sense of Place and History in Cotati.
Policy CON 4.6: Encourage historic resources to remain in their original use whenever possible.
The adaptive use of historic resources is preferred, particularly as museums, educational facilities, or visitor-serving uses, when the original use can no longer be sustained. Older residences may be converted to office/retail use in commercial areas and to tourist or business use, so long at their historical authenticity is maintained or enhanced.
Objective EV 1A: Diversify the Local Economy.
Policy EV 1.1: Attract and retain economic sectors in which Cotati has competitive advantages, and capitalize on these strengths in order to diversify local economic activities.
Policy EV 1.12: Encourage the growth of new commercial enterprises within appropriately zoned areas while maintaining the stability of existing commercial businesses.
Policy LU-2.9: Encourage a concentration of neighborhood, community, and retail amenities and services within walking distance of residential areas.
Policy LU 3.14: Provide new opportunities for community gathering and social interaction through park facilities, community centers, cultural/art facilities.
Policy OS 1.3: Protect rural (Agricultural and Rural Residential) and natural open space lands from urbanization.
SECTION 4: Compliance with the California Environmental Quality Act.
The Council of the City of Cotati does hereby find that the proposed ordinance to amend the Land Use Code to promote urban agriculture, is consistent with the program Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update that was certified on March 24, 2015 (Resolution Number 2015-11), and pursuant to Section 15168 of the CEQA Guidelines, as such no further environmental review is required.
SECTION 5: Amendment to the Cotati Municipal Code. Section 17.22.020 Allowable Land Uses is amended, as follows:
Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Permit Required by District
Land Use(1)
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
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU Specific Use
Regulations
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
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU Specific Use
Regulations
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. – – – – UP UP UP
ft. or less
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
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU
SpeRegciulfaicti Useons 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
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Permit Required by District
Land Use(1) Specific Use
OSC OSR RR RVL NL NM NU Regulations
Adult day care – 7 to 14 – – UP UP UP UP UP
clients
Adult day care – 15 or more – – UP UP UP UP UP
clients
Child day care – Small family – – P P P P P
day care home
Child day care – Large family – – P P P – – 17.42.060
day care home
Child day care – Day care – UP – – – UP UP 17.42.060
center
Kennel, animal boarding – – UP – – – –
Lodging – Bed and breakfast – – UP UP – – – 17.42.050
inn (B&B)
Personal services – 1,000 sq. – – – – – UP UP
ft. or less
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 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
Permit Required by District
Land Use(1)
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.
(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 Vehicle Spaces Required
Type:
Garden 2 spaces minimum, either on-street adjacent to the property or off-street, out of the Stand 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
Allowable Animal-Keeping and Permit Requirements
Permit Requirement by Zoning District
Type of Animal
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
Animal-Keeping Standards
Minimum Setbacks(3)
Type of Animal or
Facility
Maximum Number of
Animals per Site(1)
Minimum Lot
Area(2)
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.
Minimum Setbacks(3)
Type of Animal or
Facility
Maximum Number of
Animals per Site(1)
Minimum Lot
Area(2)
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 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 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.
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.
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.
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 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. 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.
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.
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