ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI AMENDING TITLE 17 (LAND USE) OF THE COTATI MUNICIPAL CODE TO INCORPORATE AMENDMENTS TO THE 2009 DOWNTOWN SPECIFIC PLAN AND CHANGES TO
STATE OF CALIFORNIA HOUSING LAW WHICH NECESSITATE REVISIONS TO ALLOWABLE USES IN TITLE 17 FILE NO. PA22/14
WHEREAS, the City of Cotati (City) adopted resolutions No. 2009-65 and 2009-66 on August 26, 2009 approving amendments to the City of Cotati General Plan and adopting the Downtown Specific Plan as part of the City's ongoing effort to implement the City of Cotati General Plan and Housing Element consistent with California Government Code §65453; and WHEREAS, on September 9, 2009, the City Council adopted Ordinance No.823 amending Title 17 (Land Use) to integrate Downtown Specific Plan zone districts into the General Plan and establish development and design standards in Downtown Cotati; and WHEREAS, the availability and affordability of housing is the highest priority for individuals of all demographics, ages, and economic backgrounds in communities throughout California; and
WHEREAS, the State of California Legislature has revised the Government Code to require jurisdictions to utilize a ministerial and streamlined process for specified housing projects; and allow residential projects in commercial zone districts; and eliminate certain parking requirements for commercial zoned land including the Downtown Specific Plan; and WHEREAS, the 2015 General Plan and adopted 2023 Housing Element update include policies and programs to support and create affordable housing, encourage housing with a priority on in-fill development, and encourage social interaction in residential developments by providing opportunities for community gathering in common areas consistent with the 2009 Downtown Specific Plan; and
WHEREAS, Government Code §65453(a) establishes that a specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body; and
WHEREAS, in Fall 2022, the City Council directed staff to initiate amendments to the Downtown Specific Plan and Zoning Ordinance to address changes to State Law; and WHEREAS, in January 2023, City staff distributed an online survey to gather community opinions regarding the Downtown Specific Plan Amendments and Zoning Ordinance Amendments; and
WHEREAS, on January 17, 2023, the City Council and Planning Commission held a Joint meeting and community workshop to introduce the community to the Downtown Specific Plan Amendments and Zoning Ordinance Amendments; and obtain opinions and comments to inform a decision; and
WHEREAS, based on the record, the Planning Commission finds that the proposed Downtown Specific Plan Amendments and Zoning Ordinance Amendments are consistent with the 2009 Downtown Specific Plan and City Council certified EIR, and facilitates implantation of the General Plan and Housing Element consistent with State Law; and WHEREAS, feedback from the Planning Commission and community has been incorporated into the standards as feasible; and
WHEREAS, additional code amendments are necessary to clarify and maintain consistency with various Sections within the Zoning Ordinance; Title 17 (Land Use) of the Cotati Municipal Code; and
WHEREAS, on May 15, 2023, the Cotati Planning Commission held a duly noticed public hearing at which time all interested persons were given an opportunity to be heard; and WHEREAS, by Resolution No. PC-2023-05 the Planning Commission did consider and recommend, by a vote of 5-0 that the City Council adopt the Addendum to Final Environmental Impact Report for the 2009 Downtown Specific Plan as appropriate environmental review and the 2009 Downtown Specific Plan Amendments and Ordinance No. XX-X incorporating Amendments to Title 17, Land Use, Zoning Ordinance to ensure consistency with changes to State Law and implementation of the Downtown Specific Plan; and WHEREAS, based on the record, the City Council finds that the proposed zoning ordinance amendments are consistent with and facilitate implementation of the General Plan and its Housing Element; and
WHEREAS, on June 13, 2023, 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; and
WHEREAS, on June 27, 2023, the City Council of the City of Cotati held a second duly noticed public hearing, received all presented information and considered all oral and written communications submitted to the City regarding the item prior to taking action.
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 and certified FEIR, 2) the City Council adopted 2023 Housing Element 3) the Addendum to the City Council certified FEIR for the 2009 Downtown Specific Plan, and 4) all staff reports, City files and records and other documents prepared for and/or submitted to the City Council related to adoption of the Downtown Specific Plan and Zoning Ordinance amendments.
SECTION 3: General Plan Consistency
The City Council of the City of Cotati does hereby find that the proposed ordinance to amend the Land Use Code to establish multi-family and affordable housing, apply the objective design standards for qualifying multifamily developments are in the best interest of the City because it furthers established goals, policies and implementation programs of the General Plan to promote housing opportunities, maintain a diverse range of housing options with a focus on in-fill development, and limits the extension of city services.
Specifically, these amendments are consistent with and implement the following General Plan and Housing Element policies and programs:
Policy CON 2.1: Improve air quality through continuing to require a compact development pattern that focuses growth in and around existing urbanized areas, locating new housing near places of employment, encouraging alternative modes of transportation, and requiring projects to mitigate significant air quality impacts.
Policy CSF 2.2: Prior to the approval of development, infrastructure, Specific Plans, or other projects that would result in increased demand for public water production, conveyance, treatment or storage, project proponents must demonstrate proof of adequate water supply (e.g., that existing services are adequate to accommodate the increased demand, or improvements to the capacity of the system to meet increased demand will be made prior to project implementation) and that potential cumulative impacts to water users and the environment will be addressed.
Policy EV 1.2: Ensure the long-term public services and infrastructure needs of the community are met as part of the overall approach to economic vitality and sustainability.
Policy EV 1.9: Maintain distinctive landscaping with native plants, trees, and flowers in public areas, including transit stops, City parks, City parking lots, City entry/exit points, to the extent that space is available for landscaping.
Objective LU 1B: Ensure that new growth is focused around existing development and does not facilitate the inefficient extension of city services.
Objective LU 1C: Encourage and, when possible, prioritize development of infill and underutilized sites within mostly developed areas, in order to minimize the premature extension of infrastructure
Action LU 1c: Prioritize the processing of development applications for infill, underutilized, or vacant parcels designated for urban uses over those projects requiring annexation.
Policy LU 2.2: Encourage clustering of housing so that larger areas of open space may be permanently preserved.
Objective LU 4A: Ensure a streamlined and equitable process for project permitting and outside agency coordination without compromising the enforcement of local land use regulations.
Policy LU 2.5: Locate medium and higher density housing within easy walking or bicycling distance of public facilities, services, transit, and major employers.
Goal H-1: Conserve and improve the existing housing stock to provide adequate, safe, and decent housing for all Cotati residents.
Goal H-2: Provide adequate sites to accommodate the housing needs of all economic segments of the community.
Policy H-2.1 Ensure that adequate land designated for residential and/or mixed-use development is available to accommodate the City’s fair share of ABAG’s Regional Housing Needs Allocation (RHNA) and monitor on an annual basis to ensure continual compliance with State law. (Source:
Previous Policies H 2.1 & 2.2
Policy H-2.3 While the City is able to accommodate its share of the regional housing need without rezoning during the current Housing Element period, to the extent necessary, the City will consider land use re-designation and promotion of existing innovations like the Cottage Housing Ordinance in order to accommodate development capacity that affirm all other goals of the City’s General Plan and maintain Cotati’s rural character. (Source: Previous Policy H-2.4.
Policy H-2.4 Ensure that public infrastructure planning activities, including sewer, water, and drainage facilities, accommodate the City’s fair share of regional housing needs and that developments including lower income units are granted priority in accordance with Government Code Section 65589.7. (Source: Previous Policy H-2.5)
Policy H-2.5 Ensure that the City’s development requirements, including the standards established by the General Plan and Land Use Code, accommodate, and provide for available housing sites that are appropriate for a range of income levels and housing types, including housing to accommodate special needs populations. (Source: Previous Policy H-2.6) Policy H-2.6 Encourage mixed use development, including residential and live/work uses in commercial and office areas where the viability of the non-residential activities would not be adversely affected. (Source: Previous Policy H-2.7)
Policy H-2.7 Require housing developments to provide housing units at a range of affordability levels to assist in meeting the City’s housing needs as required by Chapter 17.31 of the Land Use Code. (Source: Previous Policy H-2.8)
Policy H-2.8 Continue to address the impacts of large-scale commercial and office projects on housing needs through the affordable housing requirements established by Chapter 17.31 of the Land Use Code. Prioritize workforce housing developments and inclusionary units dedicated to lower and moderate-income workers. (Source: Previous Policy H-2.9) Policy H-2.11 Encourage housing development on existing infill sites in order to efficiently utilize existing infrastructure. (Source: Previous Policy H-2.12) Policy H-2.12 Assist in the development of affordable housing, particularly extremely low and very low income units, through the use of in-lieu affordable housing funds as well as CDBG and HOME funds, when available. (Source: Previous Policy H-2.13) Goal H-3: Expand Affordable Housing Opportunities for Lower Income Households and Persons with Special Housing Needs, including Seniors, Disabled Persons, Developmentally Disabled Persons, and Homeless Persons and Families.
Policy H-3-1: Ensure that the City’s development standards encourage development of a range of housing types, including multifamily, mixed use, high density residential, accessory dwelling units, cottage housing units, and single family units; implement objective design and development standards in triannual building code review; and incentivize production of lower income housing. (Source: Previous Policy H-3.1)
Policy H-3-2: Provide incentives for discretionary affordable housing development that address community priorities, including density bonuses, expedited processing, relaxation in development standards through the use of concessions and incentives, and either reduction, delay, or waiver of fees when financially feasible. (Source: Previous Policy H-3.2) Policy H-3-3: Continue to provide density bonuses to eligible projects as required by Government Code Section 65915, including projects that meet the minimum amount of total units affordable to extremely low, very low and low income households or provide units restricted to occupancy for senior households. (Source: Previous Policy H-3.3)
Policy H-3-7: Coordinate with regional and local service groups to facilitate linkages between at-risk individuals and families, and organizations that provide 42 support services, such as rapid re-housing programs, house share programs, and services for the homeless. (Source:
Previous Policy H-3.9)
Goal H-4: Promote Housing Opportunities for All Persons Regardless of Race, Gender, Age, Marital Status, Ancestry, National Origin, Color, or Sexual Orientation.
Policy H-5-1: Encourage and facilitate public participation in the formulation and review of the City's housing and development policies. (Source: Previous Policy H-6.1) SECTION 4: Compliance with the California Environmental Quality Act.
The City Council of the City of Cotati does hereby find that the proposed ordinance to amend the development standards in the Downtown Specific Plan and the Land Use Code to establish consistency with State Law, with an Addendum to the City Council certified Final Environmental Impact Report (SCH# 2006032072) for the 2009 Downtown Specific Plan 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.
SECTION 5: Amendment to the Cotati Municipal Code. Chapter 17.20.030 is amended as follows:
D. Downtown Specific Plan (DSP) Districts
The Downtown Specific Plan permits a mix of ground floor commercial (office, government, retail, and services) uses with frontages toward the Old Redwood Highway and La Plaza Park with offices and residential (town homes, studios, or live work) uses above commercial, or residential only projects. Buildings with frontages facing other streets may develop with the same uses or mix of uses, or residential only projects, and may be between one and two stories subject to the Downtown Specific Plan objective designs, forms, and zone district densities detailed below and the streamlined, ministerial review process consistent with state regulations and objective residential design guidelines (Cotati Municipal Code Chapters 17.39 and 17.42 and Downtown Specific Plan design principles).
1. Historic Core (HC). The Historic Core district implements the Downtown Specific Plan General Plan designation and includes the portions of the Cotati downtown located south of La Plaza along both sides of Old Redwood Highway to the southern plan boundary. This area is intended to maintain its smaller scale pedestrian orientation, with building facades located primarily at the back of the public sidewalk. The historic character of existing buildings is to be preserved, and new buildings are to be designed to be compatible with the historic character. The allowable residential density is up to 12 units per acre. Allowable land uses include ground floor commercial facing Old Redwood Highway Office and residential uses may be permitted above or on the ground floor on other streets as shown in the regulating plan and consistent with the city of Cotati zoning code.
Facade renovation and/or restoration is encouraged. The HC district is subject to the applicable historic code regulations of the city’s land use codes.
2. La Plaza (LP). The La Plaza district implements the Downtown Specific Plan General Plan designation and includes the historic La Plaza Park, and properties along La Plaza Street surrounding the original park site. Policies and programs related to restoration and enhancement of the park facilities are included in the specific plan. The allowable residential density is up to 19 units per acre. Properties around the park are intended to provide for small-scale ground floor retail with some office and restaurant uses that are highly compatible with the residential above, emphasizing opportunities for business operators to live above their workspaces. Buildings are intended to emphasize small-scale ground floor pedestrian oriented storefronts or frontages, with upper floor office or residential uses. The LP district is subject to the applicable regulations of the city’s land use codes.
3. Northern Gateway (NG). The Northern Gateway district implements the Downtown Specific Plan General Plan designation and includes properties on both sides of Old Redwood Highway north of the La Plaza district to the southern boundary of the Commerce Avenue district. This area is intended for a new mixed-use core, accommodating a wide variety of retail, restaurants and entertainment uses, with offices and primarily residential above. The allowable residential density is up to 9 units per acre. Buildings are intended to emphasize ground floor pedestrian- oriented storefronts, with upper floor office or residential uses. The NG district is subject to the applicable regulations of the city’s land use codes.
4. Commerce Avenue (CA). The Commerce Avenue district implements the Downtown Specific Plan General Plan designation and includes properties on the east side of Old Redwood Highway across from the Highway 101 right-of-way and up to the north city limits adjacent to the entrance to Highway 101. This area is intended to accommodate a variety of land use types ranging from automobile-oriented uses that serve the traveling public, to retail, office and residential uses. The allowable residential density is up to 12 units per acre. These regulations are to encourage pedestrian-oriented site and building design, but the area can also accommodate automobileoriented development. The CA district is subject to the applicable regulations of the city’s land use codes.
SECTION 6: Amendment to the Cotati Municipal Code. Chapter 17-22: Allowable Land Uses is amended as follows:
TABLE 2-2 Allowed Land Uses for Low Density and Neighborhood Zones, TABLE 2-3 Allowable Land Uses and Permit Requirements for Mixed Use Corridors and Districts & TABLE 2-4 Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts.
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) Specific Use
OSC OSR RR RVL NL NM NU
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, 17.42.240
orchard, vineyard(5)
– UP UP UP – – –
Market garden – – P P P P P 17.42.230, 17.42.240
Plant nursery – UP UP – – – –
Winery, small scale – –
(2)
UP – – – –
Industry, manufacturing and
processing, wholesaling – – – – – – –
Artisan/craft product
manufacturing
– UP (3)
UP – – – –
Recreation, Education and Public Assembly Uses
(5)
Community garden – UP P P P P P 17.42.220, 17.42.240
Equestrian facility – UP UP – – – –
Meeting facility, public or private – MUP – – 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
Low Barrier Navigation Center - - - - - - -
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
Multifamily housing, 3 or 4 units – – – – – P P 17.42.120 Multifamily housing, 5 to 9 units – – – – – P P 17.42.120 Multifamily housing, 10 or more – – – – – – P 17.42.120 units
Multifamily housing, up to 100 17.42.120
units with 25% affordable
– – – – – – P
Organizational house (sorority,
monastery, etc.)
– – – – – – UP
Residential accessory use or 17.42.160
structure
– – P P P P P
Residential care facility for the
elderly (RCFE)
– – UP UP UP UP UP
Residential care, 11 or more
clients
– – UP UP UP UP UP
Residential care, 6 or fewer clients,
in a single-family dwelling
– – P P P P P
Residential care, 7 to 10 clients – – UP UP UP UP UP
Residential component of a mixed 17.42.100
use project
– – – – UP UP UP
Rooming or boarding house – – – – – – UP
Single-family dwelling – – P P P (4)
UP
(4)
UP
Supportive Housing - - - - - P P
Retail Trade
Accessory retail and services – – – – UP UP UP
Convenience store, 1,200 sq. ft. or
less
– – – – UP UP UP
(5)
Farmers Market – UP – – – – –
Garden Stand – – P P P P P 17.42.130, 17.42.230
(5)
Produce stand – UP UP UP – – – 17.42.130
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 – – UP UP UP UP UP
clients
Child day care – Small family day – UP P P P P P
care home
Child day care – Large family day – – P P P P P 17.42.060 care home
Child day care – Day care center – UP – – – UP UP 17.42.060 Kennel, animal boarding – – UP – – – –
Lodging – Bed and breakfast inn – – UP UP – – – 17.42.050 (B&B)
Personal services – 1,000 sq. ft. or – – – – – UP UP
less
Public safety facilities – – UP UP UP UP UP
Transportation, Communications and Infrastructure
Electric vehicle charging station(5) P P P P P P P 14.38 Solar collector S S S S S S S 17.30.084
Windmills – – UP – – – – 17.42.190
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 singlefamily dwelling on a parcel that may be further subdivided will not preclude future subdivision and development in compliance with the general plan.
(5) Permitted as an accessory use.
(6) Fees for crop production, horticulture, orchard, vineyard; community garden; farmers market; and produce stand planning permit applications shall be calculated at fifty percent 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 thes uses shall be mailed to property owners within a radius from the subject site of six hundred feet, or greater at the director’s discretion.
Allowable Land Uses and Permit Requirements for Mixed Use Corridors and Districts 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) Specific Use
CE CG CD CI IG PF
Regulations
Industry, Manufacturing and Processing, Wholesaling
Agricultural product processing – – – – P –
Artisan/craft product manufacturing MUP MUP MUP P P – See Note 5 Below
Brewery – Brew pub MUP MUP MUP – – –
Brewery – Production – – – UP UP –
Construction contractor – – – – UP –
Food and beverage product – – – – MUP MUP
manufacturing
Furniture and fixtures – – – P P –
manufacturing, cabinet shop
Industrial research and development – MUP – P MUP –
Laboratory – Medical, analytical, P P – P MUP –
research and development
Laundry, dry cleaning plant – – – – UP –
Manufacturing/processing – Light – – – MUP P –
Manufacturing/processing –
Medium intensity
– – – MUP MUP –
Manufacturing/processing – Heavy – – – – UP –
Media production P P – P P –
Printing and publishing UP UP – P P –
Recycling – Reverse vending
machine
MUP MUP – – – –
Recycling – Small collection facility UP UP – UP P – 17.42.150 Recycling – Medium collection 17.42.150
facility
– – – UP UP –
Storage – Outdoor – – – UP UP – 17.42.140
Storage – Personal storage facility
(mini-storage)
– – – – – –
Storage – Warehouse, indoor
storage
– – – UP – –
Wholesaling and distribution – – – UP UP –
Winery – Boutique – UP – MUP MUP –
Winery – Production – – – MUP MUP –
Recreation, Education and Public Assembly Uses
Adult-oriented business – – – – S – 17.40
Commercial recreation facility –
Indoor – 5,000 sq. ft. or less
UP P – P – –
Commercial recreation facility –
Indoor – More than 5,000 sq. ft.
UP MUP – UP – –
Commercial recreation facility –
Outdoor
– – – UP – –
Conference/convention facility –
5,000 sq. ft. or less
UP MUP (2)
UP MUP – UP
Conference/convention facility –
More than 5,000 sq. ft.
UP UP (2)
UP UP – UP
Health/fitness facility UP P (2)
UP P UP –
Library, museum P P MUP P – P
Meeting facility, public or private –
5,000 sq. ft. or less
UP MUP (2)
MUP MUP – MUP
Meeting facility, public or private –
More than 5,000 sq. ft.
UP MUP (2)
MUP UP – UP
Park P P P – – P
School – Elementary, middle,
secondary
(2)
UP
(2)
UP – – – UP
School – Specialized
education/training
(2)
UP
(2)
UP
(2)
UP UP – UP
Sports and entertainment assembly – – – UP – UP
Studio – Art, dance, martial arts,
music, etc.
P P (2)
MUP P UP –
Theater UP MUP MUP MUP – UP
Residential Uses
Accessory dwelling unit P P P – – – 17.42.170
Emergency/transitional shelter – – S – – S 17.42.072
Home occupation P P P – – – 17.42.080
Live/work unit UP UP P UP UP – 17.42.090
Low Barrier Navigation Center P P - - - -
Residential care facility for the
elderly (RCFE)
UP MUP – – – UP
Residential care facility, 7 or more
clients
UP – – – – UP
Residential component of a mixed 17.42.100
use project
P P P – – –
Supportive Housing P P - - - -
Retail Trade(3)
Accessory retail or services P P P P P P
Alcoholic beverage sales – 17.42.030
Associated with a restaurant(4)
P P P P UP –
Alcoholic beverage sales UP UP UP – – – 17.42.030
Antique or collectible store MUP P MUP – – –
Artisan shop P P P P – –
Auto and vehicle sales and rental – UP – MUP UP –
Auto parts sales with no installation
services
– P – P – –
Bar, tavern UP UP UP – – –
Building and landscape materials
sales – Indoor
– P – P P –
Building and landscape materials 17.42.130
sales – Outdoor
– UP – MUP – –
Construction and heavy equipment 17.42.130
sales and rental
– – – MUP MUP –
Convenience store UP UP – UP – –
Drive-through retail – UP – UP – – 17.42.070
Extended hour retail UP MUP MUP MUP – –
Farm supply and feed store – P – P – –
(8)
Farmers market MUP MUP MUP MUP UP UP
Formula-based fast food restaurant S S S – – – 17.42.071 Fuel dealer (propane for home and
farm use, etc.)
– – – UP UP –
Furniture, furnishings and appliance
store
P P UP P UP –
General retail – Less than 5,000 sq.
ft.
P P P P – –
General retail – 5,000 sq. ft. to
20,000 sq. ft.
P P P P – –
General retail – More than 20,000
sq. ft.
UP P UP P – –
Groceries, specialty foods – 10,000
sq. ft. or less
P P P P – –
Groceries, specialty foods – More
than 10,000 sq. ft.
UP MUP UP MUP – –
Mobilehome, boat, or RV sales – – – MUP – –
Night club UP UP UP – – –
Outdoor display and sales MUP MUP MUP MUP – – 17.42.130 Plant nursery – MUP – MUP MUP –
(6) P/ P/ P/ P/ – – 17.42.130(E)
Restaurant – Outdoor dining MUP MUP MUP MUP
Restaurant, cafe, coffee shop P P P P UP –
Retail complex UP P UP P – –
Retail display gallery – P P – – – 17.90.020
Second hand store UP UP UP – – –
Service station (nonfossil fuels 17.42.180
sales)
UP UP UP – – –
Tasting room UP P P P – –
Warehouse retail – MUP – UP – –
Services – Business, Financial, Professional
ATM P P P P – –
Bank, financial services P P UP P – –
Business support service P P (2)
P
UP – –
Medical services – Doctor office UP (2)
P
(2)
P
– – –
Medical services – Clinic, urgent
care
UP – – – – –
Office – Accessory P P P P P P
Office – Business/service UP (2)
UP
(2)
P
P – –
Office – Government MUP MUP MUP MUP MUP MUP
Office – Processing (2)
UP MUP (2)UP MUP – –
Office – Professional/
administrative
P P (2)
P
P – –
Services – General
Accessory retail or services P P P P P P 17.42.015
Adult day care UP – – – – UP
Catering service – – – P P –
Child day care center MUP P MUP MUP – UP
Drive-through service – UP – – – – 17.42.070
Equipment rental – – – UP UP – 17.42.140
Kennel, animal boarding – MUP – MUP UP –
Lodging – Bed and breakfast inn P P MUP – – –
(B&B)
Lodging – Boutique hotel or motel UP UP UP – – –
Lodging – Hotel or motel UP UP UP – – –
Maintenance service – Client site – – – P P –
services
Mortuary, funeral home UP – – – – –
Personal services P P P P – –
Personal services – Restricted UP(2) – – – – –
Public safety facility UP UP UP UP UP P
Repair service – Equipment, large – – – P P –
appliances, etc.
Social service organization MUP(2) MUP(2) – MUP – UP
Vehicle services – Major – – – UP MUP –
repair/body work
Vehicle services – Minor – – – UP UP –
maintenance/repair
Veterinary clinic, animal hospital MUP P – P MUP –
Transportation, Communications and Infrastructure
Ambulance, taxi, or limousine – – – – UP –
storage
Broadcasting studio – UP(2) UP(2) MUP – –
Electric vehicle charging station(7) P P P P P P 14.38
Parking facility, public or UP UP UP – – P
commercial
Telecommunications facility – – – S S S 17.44
Transit station or terminal UP UP UP UP – UP
Utility facility – – – UP UP UP
Vehicle storage – – – – 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) Permitted as an accessory use.
(8) Fees for farmers market planning permit applications shall be calculated at fifty percent 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 six
hundred feet, 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) Specific Use
CE CG CD CI IG PF
Regulations
Industry, Manufacturing and Processing, Wholesaling
Agricultural product processing – – – – P –
Artisan/craft product manufacturing MUP MUP MUP P P – See Note 5 Below
Brewery – Brew pub MUP MUP MUP – – –
Brewery – Production – – – UP UP –
Construction contractor – – – – UP –
Food and beverage product – – – – MUP MUP
manufacturing
Furniture and fixtures – – – P P –
manufacturing, cabinet shop
Industrial research and development – MUP – P MUP –
Laboratory – Medical, analytical, P P – P MUP –
research and development
Laundry, dry cleaning plant – – – – UP –
Manufacturing/processing – Light – – – MUP P –
Manufacturing/processing – – – – MUP MUP –
Medium intensity
Manufacturing/processing – Heavy – – – – UP –
Media production P P – P P –
Printing and publishing UP UP – P P –
Recycling – Reverse vending MUP MUP – – – –
machine
Recycling – Small collection facility UP UP – UP P – 17.42.150 Recycling – Medium collection – – – UP UP – 17.42.150
facility
Storage – Outdoor – – – UP UP – 17.42.140
Storage – Personal storage facility – – – – – –
(mini-storage)
Storage – Warehouse, indoor storage – – – UP – –
Wholesaling and distribution – – – UP UP –
Winery – Boutique – UP – MUP MUP –
Winery – Production – – – MUP MUP –
Recreation, Education and Public Assembly Uses
Adult-oriented business – – – – S – 17.40
Commercial recreation facility – UP P – P – –
Indoor – 5,000 sq. ft. or less
Commercial recreation facility – UP MUP – UP – –
Indoor – More than 5,000 sq. ft.
Commercial recreation facility – – – – UP – –
Outdoor
Conference/convention facility – UP MUP UP(2) MUP – UP
5,000 sq. ft. or less
Conference/convention facility – UP UP UP(2) UP – UP
More than 5,000 sq. ft.
Health/fitness facility UP P UP(2) P UP – Library,
museum P P MUP P – P Meeting facility,
public or private – UP MUP MUP(2) MUP – MUP
5,000 sq. ft. or less
Meeting facility, public or private – UP MUP MUP(2) UP – UP More than 5,000 sq. ft.
Park P P P – – P
School – Elementary, middle, UP(2) UP(2) – – – UP
secondary
School – Specialized UP(2) UP(2) UP(2) UP – UP
education/training
Sports and entertainment assembly – – – UP – UP
Studio – Art, dance, martial arts, P P MUP(2) P UP –
music, etc.
Theater UP MUP MUP MUP – UP
Residential Uses
Accessory dwelling unit P P P – – – 17.42.170
Emergency/transitional shelter – – S – – S 17.42.072
Home occupation P P P – – – 17.42.080
Live/work unit UP UP P UP UP – 17.42.090
Low Barrier Navigation Center P P - - - -
Residential care facility for the UP MUP – – – UP
elderly (RCFE)
Residential care facility, 7 or more UP – – – – UP
clients
Residential component of a mixed P P P – – – 17.42.100
use project
Supportive Housing P P - - - -
Retail Trade(3)
Accessory retail or services P P P P P P
Alcoholic beverage sales – P P P P UP – 17.42.030
Associated with a restaurant(4)
Alcoholic beverage sales UP UP UP – – – 17.42.030
Antique or collectible store MUP P MUP – – –
Artisan shop P P P P – –
Auto and vehicle sales and rental – UP – MUP UP –
Auto parts sales with no installation – P – P – –
services
Bar, tavern UP UP UP – – –
Building and landscape materials – P – P P –
sales – Indoor
Building and landscape materials – UP – MUP – – 17.42.130 sales – Outdoor
Construction and heavy equipment – – – MUP MUP – 17.42.130 sales and rental
Convenience store UP UP – UP – –
Drive-through retail – UP – UP – – 17.42.070
Extended hour retail UP MUP MUP MUP – –
Farm supply and feed store – P – P – –
(8)
Farmers market MUP MUP MUP MUP UP UP
Formula-based fast food restaurant S S S – – – 17.42.071 Fuel dealer (propane for home and
farm use, etc.)
– – – UP UP –
Furniture, furnishings and appliance
store
P P UP P UP –
General retail – Less than 5,000 sq.
ft.
P P P P – –
General retail – 5,000 sq. ft. to
20,000 sq. ft.
P P P P – –
General retail – More than 20,000
sq. ft.
UP P UP P – –
Groceries, specialty foods – 10,000
sq. ft. or less
P P P P – –
Groceries, specialty foods – More
than 10,000 sq. ft.
UP MUP UP MUP – –
Mobilehome, boat, or RV sales – – – MUP – –
Night club UP UP UP – – –
Outdoor display and sales MUP MUP MUP MUP – – 17.42.130 Plant nursery – MUP – MUP MUP –
17.42.130(E) (6)
Restaurant – Outdoor dining P/
MUP
P/
MUP
P/
MUP
P/
MUP
– –
Restaurant, cafe, coffee shop P P P P UP –
Retail complex UP P UP P – –
Retail display gallery – P P – – – 17.90.020
Second hand store UP UP UP – – –
Service station (nonfossil fuels UP UP UP – – – 17.42.180 sales)
Tasting room UP P P P – –
Warehouse retail – MUP – UP – –
Services – Business, Financial, Professional
ATM P P P P – –
Bank, financial services P P UP P – –
Business support service P P P(2) UP – –
Medical services – Doctor office UP P(2) P(2) – – –
Medical services – Clinic, urgent UP – – – – –
care
Office – Accessory P P P P P P Office
– Business/service UP UP(2) P(2) P – – Office –
Government MUP MUP MUP MUP MUP MUP Office –
Processing UP(2) MUP UP(2) MUP – – Office –
Professional/ P P P(2) P – –
administrative
Services – General
Accessory retail or services P P P P P P 17.42.015
Adult day care UP – – – – UP
Catering service – – – P P –
Child day care center MUP P MUP MUP – UP Drive-through
service – UP – – – – 17.42.070 Equipment
rental – – – UP UP – 17.42.140 Kennel,
animal boarding – MUP – MUP UP –
Lodging – Bed and breakfast inn P P MUP – – –
(B&B)
Lodging – Boutique hotel or motel UP UP UP – – –
Lodging – Hotel or motel UP UP UP – – –
Maintenance service – Client site – – – P P –
services
Mortuary, funeral home UP – – – – –
Personal services P P P P – –
Personal services – Restricted UP(2) – – – – –
Public safety facility UP UP UP UP UP P
Repair service – Equipment, large – – – P P –
appliances, etc.
Social service organization MUP(2) MUP(2) – MUP – UP
Vehicle services – Major repair/body – – – UP MUP –
work
Vehicle services – Minor – – – UP UP –
maintenance/repair
Veterinary clinic, animal hospital MUP P – P MUP –
Transportation, Communications and Infrastructure
Ambulance, taxi, or limousine – – – – UP –
storage
Broadcasting studio – UP(2) UP(2) MUP – –
Electric vehicle charging station(7) P P P P P P 14.38
Parking facility, public or UP UP UP – – P
commercial
Telecommunications facility – – – S S S 17.44
Transit station or terminal UP UP UP UP – UP
Utility facility – – – UP UP UP
Vehicle storage – – – – 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) Permitted as an accessory use.
(8) Fees for farmers market planning permit applications shall be calculated at fifty percent 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 six hundred feet, or greater at the director’s discretion.
Table 2-4
Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts 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
LAND USE(1) DISTRICT Specific Use
Regulations
HC LP NG CA
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Commercial recreation facility – Indoor MUP – MUP MUP
Conference/convention facility – – UP(2) UP
Health/fitness facility UP(2) – P P
Library, museum P – P P
Meeting facility, public or private – MUP MUP(2) MUP
Park, Playground P P P P
School – Specialized education/training UP – UP UP
Studio – Art, dance, martial arts, music, etc. P P P P
Table 2-4
Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts 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
LAND USE(1) DISTRICT Specific Use
Regulations
HC LP NG CA
Theater (cinemas or performing arts) MUP – P P
RESIDENTIAL USES
Residential Multifamily Project S S S S 17.28.050
Accessory dwelling unit P P P P 17.42.170
Emergency/transitional shelter S S S S 17.42.072
Home occupation P P P P 17.42.080
Live/work unit P P P P 17.42.090
Low Barrier Navigation Center P P P P
Residential component of a mixed-use P P P P 17.42.100
project
Residential care facility for the elderly – UP UP UP
(RCFE)
Residential care facility, 7 or more clients – UP – –
Supportive Housing P P P P
Regulations
– Use not allowed
Table 2-4
Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
PERMIT REQUIRED BY
LAND USE(1) DISTRICT Specific Use
Regulations
HC LP NG CA
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
Broadcasting studio UP(2) – UP(2) –
Electric vehicle charging station(7) P P P P 14.38
Parking facility UP UP UP(2) UP
Transit station or terminal P P P P
RETAIL TRADE
Accessory retail or services P P P P
Alcoholic beverage sales – associated with a P P P P 17.42.030 restaurant(4)
Alcoholic beverage sales – off-sale UP UP UP UP 17.42.030 Antique or collectible store P P P P
Artisan/craft product manufacturing MUP MUP MUP MUP See Note (5) below
Artisan shop P P P P
Regulations
– Use not allowed
PERMIT REQUIRED BY
Table 2-4
Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
LAND USE(1) DISTRICT Specific Use
Regulations
HC LP NG CA
Auto parts sales with no installation services – – – P
Bar, tavern UP UP UP UP 17.42.030
Brewery – Brew pub MUP MUP MUP MUP
Convenience store – – UP UP
Extended hour retail UP MUP P P
Furniture, furnishings and appliance store UP – MUP MUP General retail – Less than 5,000 sf P P P P
General retail – 5,000 sf to 20,000 sf P – P P
General retail – More than 20,000 sf (Max. – – MUP MUP
43,000 sf)
Groceries, specialty foods – 10,000 sf or less P P P P
Groceries, specialty foods – More than – – P UP
10,000 sf
Night club UP – UP UP
Regulations
– Use not allowed
PERMIT REQUIRED BY
LAND USE(1) DISTRICT Specific Use
Regulations
Table 2-4
Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
HC LP NG CA
Outdoor display and sales MUP MUP MUP MUP 17.42.130
Restaurant – Outdoor dining on private P/MUP P/MUP P/MUP P/MUP 17.42.130 property(6)
Restaurant – Outdoor dining in public right- P P P P 17.42.130 of-way
Restaurant, cafe, coffee shop P P P P
Retail complex – – UP UP
Retail display gallery P P P P 17.90.020
Retail Tobacco Store -- -- -- --
Second hand store UP – – –
Service station (non-fossil fuels sales) – – – UP 17.42.180 Tasting room P P P P
SERVICES – BUSINESS, FINANCIAL, PROFESSIONAL
ATM P P P P
Regulations
– Use not allowed
PERMIT REQUIRED BY
LAND USE(1) DISTRICT Specific Use
Regulations
HC LP NG CA
Table 2-4
Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Bank, financial services P P P P
Business support service P(2) P(2) P(2) P
Medical services – Doctor office P P P P
Medical services – Clinic, urgent care – – – P
Office – Accessory P P P P
Office – Business/service P(2) P(2) P(2) P
Office – Government UP UP UP UP
Office – Processing UP(2) – UP(2) –
Office – Professional/administrative P(2) P P(2) P
Veterinary clinic, animal hospital P P P P
SERVICES – GENERAL
Accessory retail or services P P P P 17.42.015
Adult day care UP(2) UP(2) UP(2) UP
Regulations
– Use not allowed
PERMIT REQUIRED BY
LAND USE(1) DISTRICT Specific Use
Regulations
HC LP NG CA
Child day care center UP UP P UP
Table 2-4
Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Lodging – Bed & breakfast inn (B&B) P P P UP
Lodging – Boutique hotel and motel UP UP P P
Lodging – Hotel UP(2) UP(2) P P
Personal services P P P P
Public safety facility – – – –
Social service organization – UP(2) UP(2) UP
Vehicle services – Minor maintenance/repair – – – UP
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) Where allowed by the downtown specific plan’s regulating plan. (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) Permitted as an accessory use.
(Ord. 910 § 3, 2022; Ord. 908 § 5 (Exh. 1 § 7), 2022; Ord. 906 § 6, 2021; Ord. 902 § 6, 2021; Ord. 895 § 2(A) Exh. 2
(part), 2020: Ord. 893 § 5, 2020; Ord. 888 § 1, 2019; Ord. 883 § 6 (Att. A), 2018; Ord. 823 § 2(C) Exh. C (part), 2009; Ord.
812 § 1, 2008; Ord. 801 § 1, 2007; Ord. 787 § 2, 2007; Ord. 766 § 2 Exh. A (part), 2004).
SECTION 7: Amendment to the Cotati Municipal Code. 17. 28.050 Specific plan, downtown (SPD) zoning district is amended as follows:
A. Applicability. The SPD zoning district is applied to the area covered by the downtown specific plan, which provides detailed and comprehensive guidance and standards for development. The SPD zoning district is consistent with and implements the general commercial and parks land use designations of the general plan.
B. Allowable Land Uses and Planning Permit Requirements. The land uses allowed within the SPD zoning district and the planning permit requirement for establishing an allowed use are determined by the downtown specific plan and Section 17.22.020, Table 2-4.
C. Development Standards. Subdivision, site planning, building and development standards are determined by the downtown specific plan. (Ord. 823 § 2(C) Exh. C (part), 2009). In addition, the design of residential uses in the downtown specific plan shall be consistent with the objective residential design standards in Chapter 17.39.
SECTION 7: Amendment to the Cotati Municipal Code. 17.32.030 Allowed Density Bonuses is amended as follows:
The amount of a density bonus allowed in a housing development shall be determined by the council in compliance with this section and requirements under State Density Bonus and Housing Law.
A. Density Bonus. A housing project that complies with the eligibility requirements in Section 17.32.020(A)(1), (A)(2), (A)(3), or (A)(4) shall be entitled to density bonuses as follows, unless a lesser percentage is elected by the applicant:
1. General Density Bonus. The city shall grant at least a twenty-percent increase in the number of dwelling units normally allowed by the applicable general plan designation and zoning, except that:
a. For each one percent increase above ten percent in the percentage of units affordable to lower income households, the density bonus shall be increased by one and one-half percent up to a maximum of thirty-five percent; and
b. For each one percent increase above five percent in the percentage of units affordable to very low-income households, the density bonus shall be increased by two and one-half percent, up to a maximum of thirty-five percent.
2. Bonus for Condominium. A density bonus for a condominium project that complies with the eligibility requirements in Section 17.32.020(A)(3) of this chapter shall consist of at least a five percent increase in the number of dwelling units normally allowed by the applicable general plan designation and zoning district, except that for each one percent increase above ten percent of the percentage of units affordable to moderate-income households, the density bonus shall be increased by one percent up to a maximum of thirty-five percent.
3. Density Bonus for Land Donation. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the city in compliance with this subsection, the applicant shall be entitled to a density bonus for the entire development, as follows; provided that nothing in this subsection shall be construed to affect the authority of the city to require a developer to donate land as a condition of development.
a. Basic Bonus. The applicant shall be entitled to a fifteen percent increase above the otherwise maximum allowable residential density under the applicable general plan designation and zoning. b. Additional Bonus. For each one percent increase above the minimum ten percent land donation described in subsection (A)(3)(c)(ii) of this section, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent. This increase shall be in addition to any increase in density required by subsections (A)(1) and (A)(2) of this section, up to a maximum combined mandated density increase of thirty-five percent if an applicant seeks both the increase required in compliance with subsections (A)(1) through (A)(3) of this section. c. Eligibility for Bonus. An applicant shall be eligible for the increased density bonus provided by this subsection if all of the following conditions are met:
i. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application; ii. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent of the number of residential units of the proposed development; iii. The transferred land is at least one acre, or of sufficient size to permit development of at least forty units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low- income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(l) if the design is not reviewed by the city prior to the time of transfer; iv. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 17.32.070 (Continued affordability) of this chapter, which shall be recorded on the property at the time of dedication; v. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the developer; vi. The transferred land shall be within the boundary of the proposed development or, if the city agrees, within one-quarter mile of the boundary of the proposed development.
4. Senior Housing Density Bonus. For housing developments meeting the criteria of Section 17.32.020(A)(4), the city shall grant a density bonus that is twenty percent of the number of senior housing units.
5. Mixed Use Density Bonus. For mixed-use projects meeting the criteria of Section 17.32 and Section 17.42.100, the City Council, at its sole discretion, may grant up to 100-percent residential density bonus to facilitate and support the development of commercial elements within a mixed-use or commercial zoning district.
B. Greater or Lesser Bonuses. The city may choose to grant a density bonus greater than provided by this section for a development that meets the requirements of this section, or grant a proportionately lower density bonus than required by this section for a development that does not comply with the requirements of this section, in keeping with the requirements and allowance of state density bonus law.
1. When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city shall grant to the commercial developer a development bonus as prescribed in Government Code Section 65915.7 and in Municipal Code Section 17.32.040 (Allowed incentives or concessions.).
C. Density Bonus Calculations. The calculation of a density bonus in compliance with this subsection that results in fractional units shall be rounded up to the next whole number, as required by state law. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.
D. Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
E. Location of Bonus Units. The developer may locate density bonus units in geographic areas of the housing development other than the areas where the units for the lower income households are located, in keeping with the requirements and allowances of State density bonus law. (Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).
SECTION 8: Amendment to the Cotati Municipal Code. Section 17.39.030. H Objective Residential Design Standards is amended as follows:
H. Mixed Use Developments. Projects consisting of both commercial and residential uses shall also be consistent with each of the following standards below:
1. Site planning and building design shall provide for pedestrian access from the public street into the nonresidential and residential portions of the project, through courtyards, plazas, and walkways.
2. Horizontal mixed use projects shall include a pedestrian network connecting the residential components of the project with the nonresidential components through the provision of courtyards, plazas and walkways.
3. All building design and site design requirements and criteria identified herein, shall be incorporated into mixed use projects.
SECTION 9: Amendment to the Cotati Municipal Code. 17.42.100. Mixed Use Projects is amended as follows:
This section provides standards for the design of mixed-use projects, where allowed by Chapter
17.22 (Allowable Land Uses) of this title. A mixed use project combines residential and nonresidential uses on the same site, with the residential units typically located above the nonresidential uses (vertical mixed use) however mixed use projects where the commercial and residential uses are located within separate structure are also permissible (horizontal mixed use).
Consistent with state law, projects with residential units shall be allowed in the Mixed Use zone (See Special Housing Standards in Table 3-7). Residential units may be also allowed at ground level behind street-fronting nonresidential uses (horizontal mixed use) only under the limited circumstances specified by this section subject to Section 17.39.030, Objective residential design standards.
A. Design Considerations. A mixed-use project with residential uses shall achieve the following objective design standards:
1. All building materials will be low reflective, include noise reducing materials in exterior doors and windows and walls, and between residential and nonresidential uses.
2. The windows and doors of residential units shall be installed so as to not open or view directly into other units and ensure appropriate privacy between residential units and other uses on the site is provided.
3. Site planning and building design shall provide for delineated pedestrian access from the public street into the residential and nonresidential portions of the project, through courtyards, plazas, walkways, or similar features;
4. Site planning and building design shall be compatible with adjacent and surrounding residential neighborhood in terms of building design, color, exterior materials and amenities, landscaping, street furniture, lighting, roof styles, scale, and signage.
B. Mix of Uses.
1. CG Zoning District and SPD Districts. Within the CG zoning district and SPD districts, residential development shall be located on the second and higher floors for vertical mixed use projects; horizontal mixed use projects must incorporate a predominant mix of commercial uses into the street frontage of the project site. Residential uses are permitted as required by state law or as part of mixed use project consistent with the subject to the provisions of subsection C of this section. Residential use components in a mixed use project shall be allowed, provided that a minimum of 25-percent of the floor area is achieved for the nonresidential use component.
2. Other Zoning Districts. Within other zoning districts, the floor area of the nonresidential portions of a mixed use project shall equal at least forty percent of the combined residential and nonresidential floor area on the entire site, or as defined in the Downtown Specific Plan.
3. Allowable Nonresidential Uses. A mixed use project may combine residential uses with any other use allowed in the applicable zoning district by Article 2 (Community and Project Design) of this title, subject to the planning permit requirements of Article 2 for each use.
C. Density. The residential component of a mixed use project shall comply with the density requirements of the general plan, downtown specific plan, and subsection B of this section.
D. Site Layout and Project Design Standards. Each proposed mixed use project shall comply with the property development standards of the applicable zoning district, and the following requirements:
1. Location of Units. Residential units in mixed use projects shall not be the predominant land use occupying ground floor space within the first seventy-five feet of area measured from each building face adjacent to Old Redwood Highway or La Plaza Park. Residential only projects shall locate shared community spaces on the ground floor and incorporate street facing designs consistent with commercial uses in the Downtown Specific Plan.
2. Parking. In order to encourage the development of residential uses in existing and new commercial areas, the use of shared parking provisions shall be incorporated into mixed use projects in compliance with Section 17.36.080 (Reduction of parking requirements) of this title.
The review authority may grant automotive parking reductions of up to 100% for commercial land uses (on a case-by-case basis), when significant multi-modal transportation infrastructure and curb-demand management is incorporated into the project design and significant impacts resulting from such a reduction are not identified.
3. Loading Areas. Commercial loading areas shall be located away from residential units and shall be screened from view from the residential portion of the project to the maximum extent feasible.
4. Refuse and Recycling Areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.
E. Performance Standards.
1. Lighting. Lighting for commercial uses shall be installed and maintained along all vehicular access ways and pedestrian walkways, in compliance with Section 17.30.060 (Outdoor lighting).
The lighting shall be shielded and directed downward onto the driveways and walkways within the development and away from adjacent properties to eliminate glare and minimize light trespass.
Lighting of at least one foot-candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened with full cutoff luminaires to minimize sky glow and glare onto public sidewalks and adjacent residences. All on-site lighting fixtures/lamps shall be energy efficient and be a warm light with a broad color spectrum to minimize sky glow. Any allnight light shall not exceed 3000K (Kelvin Color Temperature Scale) and lights with an on/off timer shall not exceed 4000K.
2. Noise. Each residential unit shall be designed and constructed to minimize adverse impacts from nonresidential project noise, in compliance with Section 17.30.050 (Noise standards) of this title. (Ord. 895 § 2(A) Exh. 2 (part), 2020: Ord. 766 § 2 Exh. A (part), 2004).
SECTION 11: Amendment to the Cotati Municipal Code. 17.32.050 Parking requirements in density bonus projects is amended as follows:
A. Applicability. This section subdivision applies to a development that meets the requirements of Section 17.32.020 (Eligibility for bonus, incentives, or concessions) of this chapter, but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section in compliance with Section 17.32.040 (Allowed incentives or concessions) of this chapter.
B. Number of Parking Spaces Required. At the request of the developer, the city will require the following vehicular parking ratios for a project that complies with the requirements of Section
17.32.020 (Eligibility for bonus, incentives or concessions) of this chapter, inclusive of handicapped and guest parking: Consistent with state regulations, minimum automobile parking requirement shall not be imposed or enforced on a residential, commercial, or other development project (except that minimum automobile parking requirements may be required of non- residential use hotel, motel, bed and breakfast inn, or other transient lodging) if the project is located within one-half mile of public transit, unless specific findings are made within 30 days of submittal to the City of a complete application, pursuant to Government Code Section 65853.2:
1. Zero to one bedroom: One on-site parking space;
2. Two to three bedrooms: Two on-site parking spaces;
3. Four and more bedrooms: Two and one-half parking spaces.
If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.
C. Location of Parking. For purposes of this section, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking. (Ord. 766 § 2 Exh. A (part), 2004).
SECTION 12: Amendment to the Cotati Municipal Code. 17.36.010 Purposes is amended as follows:
The requirements of this chapter are intended to ensure that sufficient off-street parking is provided for all uses and structures located more than one-half mile from public transit, consistent with Government Code Section 65853.2, and that parking facilities are properly designed, attractive, and located to be unobtrusive, generally to the rear of the site, while meeting the needs of the specific use or structure. (Ord. 766 § 2 Exh. A (part), 2004).
SECTION 13: Amendment to the Cotati Municipal Code. 17.36.020 Applicability is amended as follows:
Each land use and structure located more than one-half mile from public transit, consistent with Government Code Section 65853.2., including a change or expansion of a land use or structure shall be provided continuously maintained off-street parking and loading areas in compliance with this chapter. A land use shall not be commenced, and a structure shall not be occupied until the improvements required by this chapter are satisfactorily completed. (Ord. 766 § 2 Exh. A (part), 2004).
SECTION 14: Amendment to the Cotati Municipal Code. 17.36.040 General Parking Regulations is amended as follows:
A. Location of Parking on a Site. Parking and loading spaces shall be located as required in Section 17.36.090(A) of this chapter.
B. Timing of Installation. A new or altered structure shall not be occupied, and a new land use not requiring a structure shall not be established, until all off-street parking and loading facilities required by this chapter are in place and approved by the city.
C. Parking and Loading Spaces to be Permanent. Each parking and loading space shall be permanently available, marked, and maintained for parking or loading purposes for the use it is intended to serve, notwithstanding replacement of religious-use parking as provided for in Government Code Section 65913.6. The approval of a limited term permit (Section 17.62.030), may allow the temporary use of a parking or loading space for other purposes.
D. Parking and Loading to be Unrestricted. An owner, lessee, tenant, or other per Wilson’ having control of the operation of a premises for which parking or loading spaces are required by this chapter, shall not prevent, prohibit, or restrict authorized persons from using the spaces without the prior approval of the director.
E. Vehicles for Sale. See Section 17.42.045 (Auto and vehicle sales) of this title. (Ord. 766 § 2 Exh. A (part), 2004).
SECTION 15: Amendment to the Cotati Municipal Code. 17.36.050 Number of parking spaces required is amended as follows:
Each land use shall be provided the number of off-street parking spaces required by this section.
See Section 17.36.070 of this chapter for off-street parking requirements for bicycles and motorcycles.
A. Parking Requirements by Land Use.
1. Each land use shall provide the number of off-street parking spaces required by Table 3-7, except where a greater number of spaces is required through discretionary permit review, or where a reduction of parking is granted in compliance with Section 17.36.080 (Reduction of parking requirements) of this chapter. Minimum automobile parking requirements shall not be imposed or enforced on a residential, commercial, or other development project, if the project is located within one-half mile of public transit, unless specific findings are made within 30 days of submittal to the City of a complete application, consistent with Government Code Section 65853.2.1
2. A land use not specifically listed by Table 3-7 shall provide parking as required by the review authority. The review authority shall use the requirements in Table 3-7 as a guide in determining the number of off-street parking spaces required, except for residential, commercial, or other development projects located within one-half mile of public transit, (except for parking requirements applicable to non-residential use hotel, motel, bed and breakfast inn, or other transient lodging uses) or unless specific findings are made within 30 days of submittal to the City of a complete application, consistent with Government Code Section 65853.2.
3. In any case where Table 3-7 establishes a parking requirement based on floor area in square feet (for example: one space per one thousand square feet of gross floor area), the floor area shall be construed to mean gross interior floor area.
4. A single use with accessory components shall provide parking for primary use, and each component except in instances where the review authority finds that the parking provided for the primary use is adequate to meet the overall parking demands of the entire project. For example, a hotel with a meeting room may provide the parking spaces required by Table 3-7 for a hotel (e.g., the guest rooms), and for a meeting room, as deemed necessary by the review authority.
B. Expansion of Structure, Change in Use. When a structure is enlarged, or when a change in its use requires more off-street parking than the previous use, additional parking spaces shall be provided in compliance with this chapter except where the number of additional spaces required is ten percent or less of the number of existing spaces. See also Chapter 17.82 (Nonconforming Uses, Structures, and Parcels) of this title.
C. Multi-tenant Sites. A site with multiple tenants shall provide the aggregate number of parking spaces required for each separate use; except where the site is developed as an integrated center or mixed-use development with shared parking and no spaces reserved for a particular use, parking shall be provided as required by Table 3-7 for a retail complex, or deemed as appropriate by the review authority based on project analysis and information provided by the applicant. When a multi-tenant center includes one or more uses that will need more parking than retail uses (for example, a fitness center, restaurant, or theater), additional parking shall be required for the nonretail use unless a parking reduction is approved in compliance with Section 17.36.080 (Reduction of parking requirements) of this chapter.
D. Excessive Parking. The city discourages a land use being provided more off-street parking spaces than required by this chapter, to avoid the inefficient use of land, unnecessary pavement, and excessive storm water runoff from paved surfaces. The provision of off-street parking spaces in excess of the requirements in Table 3-7 is allowed only when additional landscaping and pedestrian amenities are also provided to the satisfaction of the review authority.
E. Bench or Bleacher Seating. Where fixed seating (e.g., benches, bleachers, pews, or similar seating) is provided, a seat shall be defined as eighteen inches of bench space for the purpose of calculating the number of required parking spaces as provided in Table 3-7.
F. Nonconforming Parking. A structure with nonconforming off-street parking may be physically changed or undergo a change in use subject to the following provisions:
1. Residential Uses. No additional parking spaces shall be required; provided, the change does not increase the floor area, nor increase the number of dwelling units, nor eliminate the only portion of the site that can be used for the required or existing parking or access.
2. Nonresidential Uses. The number of existing parking spaces shall be maintained on the site and additional parking shall be provided in compliance with this chapter for any additional floor area.
If the use of the structure is changed to one that requires more parking than the previous use, the difference between the parking spaces required for the previous use and the new use shall be provided.
3. Waiver by Commission. The commission may waive covered parking requirements when a nonconforming structure is proposed for rehabilitation if the commission determines, in compliance with Section 17.62.050 (Use permit and minor use permit) of this title, that the existing structure location, lot size, or topography renders the requirement infeasible or unnecessary.
G, State Parking Exceptions. Parking requirement exceptions are available consistent with Government Code Section 65853.2 for projects located within one-half mile of public transit and apply to all uses except for projects subject to specific 30-day findings, and parking requirements for non-residential use hotel, motel, bed and breakfast inn, or other transient lodging uses.
SECTION 16: Amendment to the Cotati Municipal Code. Chapter 36 Parking and Loading, Table 3-7 Parking Requirements by Land Use is amended as follows:
See Section 17.36.050.G for all projects located more than one half mile of public transit, or projects subject to specific 30-day findings pursuant to Government Code Section 65853.2.).
SECTION 17: Amendment to the Cotati Municipal Code. 17.90.020 Definitions of specialized terms and phrases is hereby amended to include new definitions as follows:
Low-Barrier Navigation Centers. A housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
Supportive Housing. Housing with no limit on the length of stay, that is occupied by the target population, and is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Target populations include homeless individuals, youth and families, and people with disabilities. (CA-HSC 50675.14).
Retail tobacco store. A retail store utilized primarily for the sale of tobacco products and tobacco accessories and for which the sale of other products is merely incidental. Incidental sale of tobacco products up to 25-percent of a business retail floor area or gross sales does not qualify as a retail tobacco store.
Tobacco product. Any substance containing tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff and chewing tobacco. “Tobacco product” also means any device that delivers nicotine or other smoked substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
Tobacco product. Does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
SECTION 18: Effective date. This ordinance shall take effect thirty (30) days after its adoption pursuant to California Government Code.
SECTION 19: 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