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 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.
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.
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 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. • 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
• 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 resources, creation of neighborhood amenities, and diversification of the local economy.
Specific applicable goals include the following:
GOAL CHW 3: Ensure All Residents Have Convenient Access to Healthy and Nutritional Food Options.
Objective CHW 3A: Increase the Availability and Variety of Healthy Food Options Policy CHW 3.1: Promote the availability of fresh fruits and vegetables and healthy foods and support a wide range of healthy food sources.
Policy CHW 3.2: Encourage sustainable local food systems including farmer’s markets, community gardens, edible school yards, community supported agriculture, neighborhood garden exchanges, urban agriculture, federal food assistance programs, and healthy food retailers.
Policy CHW 3.3: Recognize that urban agriculture has the potential to supplement the availability of fresh fruit and vegetables in the community, provide economic opportunities to Cotati residents, lower food costs, reduce overall energy consumption and build social cohesion.
Action CHW-3d: Work with appropriate local agencies, service providers, non-profits, community groups and regulatory agencies to explore the potential for creating, expanding and sustaining local urban agriculture, including community gardens, and orchards. The work effort should explore the feasibility of implementing the following strategies:
• Promoting urban agriculture as a desirable civic activity that improves the quality of urban life, food security, neighborhood safety and environmental stewardship; • Supporting the development of appropriate agriculture in residential, industrial, business, and open space zones;
• Support farm to institution (such as schools, hospitals, nursing homes, daycare centers) and businesses (such as restaurants and food outlets), while creating economic opportunities for urban growers and related industries; • Support efforts of local gardening organizations to promote the development and expansion of family and community gardens as well as edible landscaping; • Encourage and promote local garden food exchanges and local food cooperatives; and
• Work with representatives of local farming organizations to meet needs unique to urban farm enterprises.
GOAL CON4: Protect and Preserve Cotati’s Historic and Cultural Resources Objective CON 4B: Protect Important Historic Resources and Use these Resources to Promote a Sense of Place and History in Cotati.
Policy CON 4.6: Encourage historic resources to remain in their original use whenever possible. The adaptive use of historic resources is preferred, particularly as museums, educational facilities, or visitor-serving uses, when the original use can no longer be sustained. Older residences may be converted to office/retail use in commercial areas and to tourist or business use, so long at their historical authenticity is maintained or enhanced.
Objective EV 1A: Diversify the Local Economy.
Policy EV 1.1: Attract and retain economic sectors in which Cotati has competitive advantages, and capitalize on these strengths in order to diversify local economic activities.
Policy EV 1.12: Encourage the growth of new commercial enterprises within appropriately zoned areas while maintaining the stability of existing commercial businesses.
Policy LU-2.9: Encourage a concentration of neighborhood, community, and retail amenities and services within walking distance of residential areas.
Policy LU 3.14: Provide new opportunities for community gathering and social interaction through park facilities, community centers, cultural/art facilities.
Policy OS 1.3: Protect rural (Agricultural and Rural Residential) and natural open space lands from urbanization.
IV. Planning Commission Review and Recommendation
On 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:
“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.
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)