Cotati City Council
December 9, 2025

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI AMENDING TITLE 17 (LAND USE) OF THE COTATI MUNICIPAL CODE TO CREATE THE

SANTERO WAY (SW) AND TRANSIT ORIENTED COMMUNITIES (TOC) ZONING DISTRICTS; IMPLEMENT OTHER TOC RELATED ZONING AND LAND USE POLICIES; INCORPORATE NO-NET-LOSS HOUSING POLICIES; AND MAKE OTHER ASSOCIATED UPDATES TO THE MUNICIPAL CODE; FILE NO. PA25-05 WHEREAS, on March 24, 2015, the Cotati City Council adopted its updated General Plan (Resolution No. 2015-12), which identifies the City’s vision for the future and provides a framework to guide decisions on growth and development consistent with the quality of life desired by Cotati citizens. On March 24, 2015, the Cotati City Council also certified the City of Cotati General Plan Environmental Impact Report (EIR), which reviewed potentially significant environmental effects resulting from the plan’s implementation and developed measures and policies to mitigate those impacts to less-than-significant levels; and WHEREAS, on May 24, 2023, the Cotati City Council adopted the 2023-2031 Housing Element Update to the General Plan (“Housing Element”), which includes goals and policies related to housing, including establishment of objective design standards for multifamily plex and single-family housing, and facilitation of increased housing development; and WHEREAS, as described in the Housing Element, Cotati’s population increased 4.4% between 2010 and 2020, compared to the population of Sonoma County as a whole, which increased only 1% between 2010 and 2020, and this growth may increase housing demand in Cotati; and
WHEREAS, in September 2023, the Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) published draft administrative guidance on their Transit-Oriented Communities (TOC) policies. These policies are intended to intensify land uses within one half-mile of transit hubs with the primary goal of increasing the overall supply of housing while also supporting the creation of jobs and increasing transit ridership, in keeping with the Plan Bay Area 2050. While adoption of the TOC policies is voluntary for Bay Area jurisdictions, TOC compliance will be required to retain full eligibility for One Bay Area Grant (OBAG) funds by 2026; and
WHEREAS, on November 6, 2023, the City of Cotati held a public scoping meeting as the first step in the California Environmental Quality Act (CEQA) process once a determination has been made that an environmental impact report (EIR) is required for a project. Per CEQA Guidelines § 15082 and 15083, a Notice of Preparation was circulated for a 30-day period ending on November 22, 2023, and the scoping meeting was held to solicit comments on the scope of the EIR. This meeting was an opportunity for the public, agencies, and stakeholders to comment on the specific issues that should be addressed in the environmental review. Individuals who were unable to attend the scoping meeting were invited to email or mail their comments to the Community Development Department; and
WHEREAS, on April 2024, staff identified an opportunity for the environmental analysis being prepared for the Santero Way Specific Plan (SWSP) Update to be expanded to additionally analyze the potential impacts of implementing ABAG/MTC TOC policies on the other eligible parcels within the ½ mile radius surrounding the Cotati SMART station. Including this analysis into the environmental impact report (EIR) already underway was approved by the City Council; and
WHEREAS, on July 19, 2024, the City of Cotati issued a second Notice of Preparation to identify that the scope of the environmental impact analysis was being expanded to analysis the potential impacts of full TOC implementation in Cotati; and WHEREAS, on August 5, 2024, the Planning Commission held a public workshop and second CEQA scoping meeting to assess new project alternatives and policy options resulting from the April decision to expand the scope of the project environmental analysis; and WHEREAS, on November 1, 2024, a Public Review Draft Specific Plan and Draft Environmental Impact Report (EIR) were made available for public comment for a 45-day period, as is required by State law. Only one comment was received during this comment period which came from CalTrans; and
WHEREAS, one purpose of the Cotati Municipal Code is to ensure that the General Plan, including the Housing Element, may be implemented and another purpose is to codify which land uses are allowed in all zoning districts of the City while also setting the standards for said land uses in order to preserve the quality of life in Cotati; and WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, on September15, 2025, the Planning Commission of the City of Cotati and on September 24, 2025, the City Council of the City of Cotati each held workshops to discuss review and discuss the Santero Way and TOC Rezoning project, heard public comment, and provided direction to staff to develop a draft ordinance to amend CMC Title 17 (Land Use Code) to implement the project; and
WHEREAS, on November 3, 2025, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed ordinance adopting amendments to create the Santero Way and Transit Oriented Communities (TOC) zoning districts, as well as implement other TOC related policies. After receiving the staff report, reviewing a presentation from the Planning Division, and considering all oral and written comments submitted to the City regarding the Ordinance, the Planning Commission voted to approve a resolution recommending adoption of the proposed ordinance; and
WHEREAS, December 9, 2025, the City Council of the City of Cotati held a duly noticed public hearing on the proposed ordinance to establish objective design standards for multifamily plex and single family housing and to make updates to facilitate housing development, received the staff report, reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the Ordinance prior to voting to introduce the Ordinance.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:

SECTION 1: Recitals.

The above recitals are true and correct and are incorporated into the findings herein.

SECTION 2: Record
The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the 2015 General Plan, 2) the FEIR certified for the 2015 General Plan, 3) the 2023-2031 Housing Element Update adopted by the City Council in 2023 and the associated Mitigated Negative Declaration, 4) the 2025 Santero Way Specific Plan (SWSP) Update and the associated Environmental Impact Report (EIR) analyzing the potential impacts of the SWSP Update and 5) all staff reports, City files and records, and other documents prepared for and/or submitted to the City Council related to adoption of the amendments to Title 17 (Land Use) of the Cotati Municipal Code to establish the Santero Way (WS) and Transit Oriented Communities (TOC) zoning districts and implement other identified changes to the Cotati Municipal Code to facilitate housing development.

SECTION 3: General Plan Consistency
The Council of the City of Cotati does hereby find that the amendments to Title 17 (Land Use) of the Cotati Municipal Code to establish the Santero Way (WS) and Transit Oriented Communities (TOC) zoning districts and implement other identified changes to the Cotati Municipal Code to facilitate housing development, as set forth in this Ordinance, are in the best interest of the City in that they will further established goals, policies, and implementation programs of the General Plan, including the Housing Element and Santero Way Specific Plan to reduce greenhouse gas production and improve air quality by providing additional opportunities for alternative transportation and walkability; will maintain the supply of developable land and expand housing opportunities through increased density and increased development certainty, including on infill sites along E. Cotati Avenue and Santero Way; will direct that the layout and design of new development encourages the use of alternative transportation; will conserve resources by encouraging the efficient use of land and allowing more intense development of both residential and commercial land uses; and use land appropriately by increasing the intensity of development in close proximity to the train station and along one of the City’s primary commercial corridors.

Specifically, these amendments are consistent with and implement the following Housing Element policies and programs:

Program 1-8: Residential Building Decarbonization: Continue to permit and encourage mixed uses and higher densities on in-fill and vacant sites in Priority Development Areas (PDAs) with public serving facilities, such as medical clinics, schools, and grocery stores, to discourage sprawl and encourage short vehicle trips and/or alternative forms of transportation.

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.

Policy H-2.6 Encourage mixed use development, including residential and live/work uses in commercial and office areas where the viability of the nonresidential activities would not be adversely affected.

Policy H-2.11 Encourage housing development on existing infill sites in order to efficiently utilize existing infrastructure.

In addition, these amendments are consistent with and implement the following General Plan 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 CON 3.10: Ensure that the layout and design of new development and significant remodels encourages the use of transportation modes other than automobiles and trucks.

Policy LU 1.1: Maintain a supply of developable mixed-use, commercial, industrial, and residential lands sufficient to meet desired growth and economic needs over the planning period.

Policy LU 2.5: Locate medium and higher density housing within easy walking or bicycling distance of public facilities, services, transit, and major employers.

Policy LU 2.10: Encourage mixed-use, pedestrian-, and transit-oriented development, with a focus on the Hub and major corridors.

SECTION 4: Compliance with the California Environmental Quality Act.

The Council of the City of Cotati does hereby find that the proposed ordinance to amend Title 17 (Land Use) of the Cotati Municipal Code to establish the Santero Way (WS) and Transit Oriented Communities (TOC) zoning districts and implement other identified changes to the Cotati Municipal Code to facilitate housing development.is consistent with the requirements of the California Environmental Quality Act (CEQA) as the impacts of the proposed ordinance have been analyzed in the Santero Way Specific Plan EIR (SCH#2023100654) and further the proposed CMC changes are 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 the Mitigated Negative Declaration certified for the 2023- 2031 Housing Element (SCH # 2013082037) adopted and certified on June 2, 2023; that this ordinance is consistent with and implements the City’s adopted General Plan, including the 2023-2031 Housing Element and Santero Way Specific Plan Update, and no new environmental impacts peculiar to the project site(s) have been realized or identified, therefore no additional environmental analysis is required under CEQA, including Section 15183, and therefore pursuant to Section 15168 of the CEQA Guidelines, as such no further environmental review is required.

SECTION 5: Amendment to the Cotati Municipal Code. Section 17.20.020, Zoning maps and zoning districts Table 2-1 is amended as follows:

Table 2-1
Zoning Districts
Zoning
Map
Symbol
Name of
Zoning District
General Plan Designation
Implemented by Zoning District
Location
within
Transect
Low Density and Neighborhood Zones
OSC Open Space,
Conservation
Open Space MORE
RURAL
OSR Open Space,
Recreation
Parks –
RR Rural
Residential
Rural –
RVL Residential
Very Low
Density
Low Density Residential –
NL Neighborhood,
Low Density
Low-Medium Density Residential –
NM Neighborhood,
Medium
Density
Medium Density Residential TO
NU Neighborhood,
Urban
High Density Residential –
Table 2-1
Zoning Districts
Zoning
Map
Symbol
Name of
Zoning District
General Plan Designation
Implemented by Zoning District
Location
within
Transect
Mixed Use Corridor and Downtown Zones
CE Commercial,
East Cotati
Ave. Corridor
Office, General Commercial –
CG Commercial,
Gravenstein
Corridor
Highway Commercial, General
Commercial
–
CA Commerce
Avenue
Downtown Specific Plan –
NG Northern
Gateway
Downtown Specific Plan –
CD Downtown
Commercial
General Commercial, La Plaza
Specific Plan
–
HC Historic Core Downtown Specific Plan –
--
--
LP La Plaza Downtown Specific Plan
SWSP Santero Way
Specific Plan
Santero Way Specific Plan
TOC Transit
Oriented
Community
General Commercial, High Density
Residential; Santero Way Specific
Plan; Open Space/Parks
MORE
URBAN
Districts
CI Commercial/
Industrial
District
Commercial/ Industrial Industrial
Table 2-1
Zoning Districts
Zoning
Map
Symbol
Name of
Zoning District
General Plan Designation
Implemented by Zoning District
Location
within
Transect
Special Purpose and Overlay Zones
CP Coordinated
Planning
Overlay
All
MHP Mobilehome
Park Overlay
All Residential
MHPS Senior
Mobilehome
Park Overlay
All Residential Citywide
PF Public Facility Public Facilities
TOC Transit
Oriented
Community
Overlay
Specific Plan; Open Space/Parks;
Low-Medium Density Residential
Medium Densit Residential; High
Density Residential; General
Commercial;
SECTION 6: Amendment to the Cotati Municipal Code. Section 17.20.030, Purposes of the zoning districts B. Mixed Use Corridor and Downtown Zones., is amended, as follows:

B. Mixed Use Corridor and Downtown Zones.

1. CE (Commercial, East Cotati Avenue Corridor) Zoning District. The CE zoning district is a mixed use classification that is applied to specific parcels on both sides of East Cotati Avenue, from Arthur Street east to the city limits. The corridor is appropriate for a wide range of retail and service land uses that primarily serve local residents and businesses, including offices, shops, personal and business services, and small-scale restaurants, where structures fronting East Cotati Avenue are generally two stories. Residential uses may also be accommodated as part of mixed use projects, at a maximum density of fifteen dwelling units per acre. The allowable intensity of nonresidential development is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title. The CE zoning district is consistent with and implements the office, and general commercial land use designations of the general plan.

2. CG (Commercial, Gravenstein Corridor) Zoning District. The CG zoning district is a mixed use classification that is applied to both sides of the Gravenstein Highway from Highway 101, west to the city limits. The corridor is appropriate for a wide range of retail and service land uses that serve both the local population and regional markets, including retail uses and restaurants, with additional uses such as personal and business services, and offices limited to the second floor along the Gravenstein frontage, where structures fronting Gravenstein are generally two stories. Residential uses may also be accommodated as part of mixed use projects, at a maximum density of fifteen dwelling units per acre. The allowable intensity of nonresidential development is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title. The CG zoning district is consistent with and implements the general commercial land use designations of the general plan.

3. CD (Downtown Commercial) Zoning District. The CD zoning district is applied to the downtown area of Cotati, encompassing the historic plaza area, and extending south along Old Redwood Highway to Page Street, and north to Highway 101, including properties along Commerce Avenue. The CD zoning district is appropriate for a wide variety of land uses, with retail and other pedestrian-oriented uses on the ground floors of street fronting structures, and residential units or offices allowed on second or third floors, at a maximum density of fifteen dwelling units per acre. Street fronting structures are generally two stories. The allowable intensity of non-residential development is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title. The CD zoning district is consistent with and implements the general commercial land use designation of the general plan, and the La Plaza specific plan.

4. TOC (Transit Oriented Community) Zoning District. The TOC District is applied to all areas appropriate for a variety of higher-density mixed use development types, neighborhoodserving commercial, and light-manufacturing/maker type uses on parcels with frontage on East Cotati Avenue and the northern portion of Santero Way, closest to the train station. The allowable base density range is 25-35 units per acre (25 u/a minimum, 35 u/a maximum) and the allowable Floor Area Ratio (F.A.R.) for commercial development is a minimum of 1.0 and maximum of 3.0.

5. SW (Santero Way Specific Way) Zoning District. The SW District is applied to areas appropriate for a variety of higher-density residential and mixed-use development types, including multi-family housing, condominiums, and townhomes. The allowable residential density range is 25-35 units per acre (25 u/a minimum, 35 u/a maximum) and the allowable Floor Area Ratio (F.A.R.) for commercial development is a minimum of 1.0 and maximum of

3.0. Commercial uses are limited to neighborhood serving retail and live-work applications associated with a residential development project. Unlike the TOC District, 100% commercial development is not allowed in the SW District. Additionally, select allowances for lowintensity industrial land uses are applied to parcels with existing buildings to facilitate maximum functionality prior to anticipated redevelopment.

SECTION 7: Amendment to the Cotati Municipal Code. Section 17.22.020, Tables 2-4, is amended, as follows:

17.22.020 Allowable land uses and planning permit requirements.

Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Land Use(1) Permit Required by District Specific Use Regulations HC LP NG CA TOC SW Industry, Manufacturing and Processing, Wholesaling
Agricultural product processing – – – – -- –
Artisan/craft product manufacturing MUP MUP MUP MUP MUP MUP See Note 5 Below Brewery – Brew pub MUP MUP MUP MUP MUP --
Brewery – Production – – – -- -- –
Construction contractor – – – – -- UP*
Food and beverage product
manufacturing
– – – – -- MUP*
Furniture and fixtures manufacturing,
cabinet shop
– – – -- MUP MUP*
Industrial research and development – -- – MUP MUP MUP* Laboratory – Medical, analytical,
research and development
-- -- – MUP MUP MUP*
Laundry, dry cleaning plant – – – – -- –
Manufacturing/processing – Light – – – -- MUP MUP*
Manufacturing/processing – Medium
intensity
– – – -- -- –
Manufacturing/processing – Heavy – – – – -- –
Media production -- -- – P P MUP*
Printing and publishing -- -- – MUP MUP MUP*
Recycling – Reverse vending
machine
-- -- – – – –
Recycling – Small collection facility -- -- – -- -- – 17.42.150 Recycling – Medium collection
facility
– – – -- -- – 17.42.150
Storage – Outdoor – – -- -- UP UP* 17.42.140
Storage – Personal storage facility
(mini-storage)
– – – – – –
Storage – Warehouse, indoor storage – – – -- – –
Wholesaling and distribution – – – UP UP –
Winery – Boutique – -- UP UP UP –
Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Land Use(1) Permit Required by District Specific Use Regulations HC LP NG CA TOC SW Winery – Production – – – -- -- –
Recreation, Education and Public Assembly Uses
Adult-oriented business – – – – -- – 17.40
Commercial recreation facility –
Indoor

UP UP UP UP UP UP
Commercial recreation facility –
Outdoor
– – – -- – –
Conference/convention facility -- -- UP) UP UP --
Health/fitness facility UP P P) P P MUP
Library, museum P -- P P P --
Meeting facility, public or private -- UP UP) UP UP --
Park, Playground P P P P P P
School – Specialized
education/training

UP ) UP) UP UP UP
Sports and entertainment assembly – – UP UP – --
Studio – Art, dance, martial arts,
music, etc.

P P P) P P P
Theater UP -- MUP MUP MUP UP*
Residential Uses
Accessory dwelling unit P P P P P P 17.42.170
Emergency/transitional shelter S S S S S -- 17.42.072
Home occupation P P P P P P 17.42.080
Live/work unit UP UP P UP UP UP 17.42.090
Low barrier navigation center P P P P P –
Mobile Home Park UP UP UP UP UP UP 17.42.11
Multifamily Plex housing -- -- -- -- UP MUP 17.39.03 & 17.39.04 Multifamily housing 10+ units S S S S UP P 17.28.050 & 17.39.030 Residential care facility for the
elderly (RCFE)
-- UP UP UP UP UP
Residential care facility, 7 or more
clients
-- UP – – UP UP
Residential component of a mixed P P P P P P 17.39.030, 17.39.040, 17.42.100 Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Land Use(1) Permit Required by District Specific Use Regulations HC LP NG CA TOC SW use project
Supportive housing P P P P P P
Retail Trade(3)
Accessory retail or services P P P P P P
Alcoholic beverage sales –
Associated with a restaurant(4)
P P P P P P 17.42.030
Alcoholic beverage sales-off sale UP UP UP UP UP – 17.42.030 Antique or collectible store P P P P P –
Artisan/craft project manufacturing MUP MUP MUP MUP MUP MUP Artisan shop P P P P P MUP
Auto and vehicle sales and rental – UP – MUP UP –
Auto parts sales with no installation
services
– -- P P P –
Bar, tavern UP UP UP UP UP –
Brewery-Brew pub MUP MUP MUP MUP MUP
Building and landscape materials
sales
– -- – MUP P –
Construction and heavy equipment
sales and rental
– – – -- -- – 17.42.130
Convenience store -- -- UP UP UP –
Drive-through retail – -- – -- – – 17.42.070
Extended hour retail UP MUP P P MUP –
Farm supply and feed store – -- – -- MUP –
Farmers market(8) MUP MUP MUP MUP MUP --
Formula-based fast food restaurant -- -- S S S – 17.42.071 Furniture, furnishings and appliance
store
UP MUP MUP MUP MUP –
General retail – Less than 5,000 sq.
ft.

P P P P P P
General retail – 5,000 sq. ft. to
20,000 sq. ft.

P MUP P P P MUP
Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Land Use(1) Permit Required by District Specific Use Regulations HC LP NG CA TOC SW General retail – More than 20,000 sq.
ft.
-- -- MUP MUP MUP –
Groceries, specialty foods – 10,000
sq. ft. or less
P P P P P –
Groceries, specialty foods – More
than 10,000 sq. ft.
-- -- P UP P –
Mobilehome, boat, or RV sales – – MUP MUP MUP –
Night club UP UP UP – UP –
Outdoor display and sales MUP MUP MUP MUP MUP – 17.42.130 Plant nursery – MUP – MUP MUP –
Restaurant – Outdoor dining on
private property(6)
P/
MUP
P/
MUP
P/
MUP
P/
MUP
P/MUP P 17.42.130(E)
Restaurant – Outdoor dining in
public right-of-way
P P P P P P 17.42.130
Restaurant, cafe, coffee shop P P P P P P
Retail complex -- -- UP UP UP –
Retail display gallery P P P P P P 17.90.020
Retail Tobacco Store -- -- -- -- -- --
Second hand store UP UP UP UP MUP –
Service station (nonfossil fuels sales) -- -- -- UP UP – 17.42.180 Tasting room P P P P P P
Warehouse retail – UP UP UP UP –
Services – Business, Financial, Professional

ATM P P P P P P
Bank, financial services P P P P P –
Business support service P P P P P –
Medical services – Doctor office UP P P P P –
Medical services – Clinic, urgent
care
UP – P P P –
Office – Accessory P P P P P P
Office – Business/service MUP P P P P –
Office – Government UP MUP MUP MUP MUP --
Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Land Use(1) Permit Required by District Specific Use Regulations HC LP NG CA TOC SW Office – Processing UP(2) MUP MUP MUP MUP –
Office – Professional/administrative P P P(2) P P –
Veterinary clinic, animal hospital P P P P P MUP
Services – General
Accessory retail or services P P P P P P 17.42.015
Adult day care UP UP UP UP UP --
Catering service – – – MUP MUP –
Child day care center P P P P P UP
Drive-through service – -- – – – – 17.42.070
Equipment rental – – – UP UP – 17.42.140
Kennel, animal boarding – -- – -- -- –
Lodging – Bed and breakfast inn
(B&B)

P P P UP P UP
Lodging – Boutique hotel or motel UP UP P P P –
Lodging – Hotel UP UP P P UP –
Maintenance service – Client site
services
– – – MUP MUP –
Mortuary, funeral home -- – – UP UP –
Personal services P P P P P MUP
Personal services – Restricted -- – – – – –
Public safety facility -- UP UP UP UP --
Repair service – Equipment, large
appliances, etc.
– – – P P –
Social service organization -- UP(2) UP(2 UP UP --
Vehicle services – Major repair/body
work
– – – -- -- –
Vehicle services – Minor
maintenance/repair
– – – UP UP –
Transportation, Communications and Infrastructure
Ambulance, taxi, or limousine – – – – -- –
Table 2-4
Allowed Land Uses and Permit Requirements for Transit Corridors and Specific Plan Districts P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Land Use(1) Permit Required by District Specific Use Regulations HC LP NG CA TOC SW storage
Broadcasting studio UP(2) UP(2) UP(2) UP MUP –
Electric vehicle charging station(7) P P P P P P 14.38
Mobility Hub P P P P P --
Parking facility, public or
commercial

UP UP UP UP UP --
Telecommunications facility S S S S S S 17.44
Transit station or terminal -- UP UP UP UP --
Utility facility UP UP UP UP UP UP
Key to Zoning District Symbols
CE East Cotati Avenue Corridor CI Commercial/Industrial District CG Gravenstein Highway Corridor IG General Industrial District CD Downtown Commercial PF Public Facility District
Notes:
(1) See Article 9 for land use definitions.
(2) Use allowed only on second or upper floors, in compliance with Section 17.24.050(C), Limitation on the Location of Allowable Land Uses, or behind an allowed ground floor street frontage use. (3) See Section 17.42.165, Retail use maximum floor area. (4) When the Department of Alcoholic Beverage Control allows customers under twenty-one years of age on the premises.
(5) Artisan/craft product manufacturing uses proposed in the CE, TOC, 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.
*Use Allowed only in existing (as of 2025) structures as an interim occupancy until property is redeveloped. Uses are not permitted upon or after redevelopment of SW designed properties.

SECTION 8: Amendment to the Cotati Municipal Code. Section 17.24.030, Zoning district site planning and building standards, is amended in include Table 2-17 and Table 2-18 as follows:

Table 2-17
SW Zone Development Standards
Development
Standard
SW Zone Requirement
Setbacks – See CMC Section 17.30.020 for exceptions.

Front 0-10 ft.

Side – Interior (each) 10 ft.

Side – Street side 0-10 ft.

Rear 10 ft.

Accessory structures See CMC Section 17.42.160 (Residential accessory uses and structures)
Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in CMC Section 17.24.040.

Allowed frontage types Porch, forecourt, stoop, common yard, gallery Allowed encroachments See CMC Section 17.30.020(F), Table 3-1 Site coverage – Maximum percentage of site area that may be covered by structures.

Maximum coverage 75%
Height limit – Maximum allowable height of structures. See CMC Section 17.30.040 for height measurement, and height limit exceptions. See Figure 2-2.

Maximum height 40 ft.

Table 2-18
TOC Zone Development Standards
Development
Standard TOC Zone Requirement
Setbacks – See Section 17.30.020 of the CMC for exceptions.

Front 0-10 ft.

Side – Interior (each) 10 ft. abutting a residential zone, none required otherwise Side – Street side 0-10 ft.

Rear 20 ft. abutting a residential zone, 10 ft. required otherwise Accessory structures See CMC 17.42.160 (Residential accessory uses and structures) Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Allowed frontage types Porch, forecourt, stoop, shopfront, gallery Allowed encroachments See CMC Section 17.30.020(F), Table 3-1 Site coverage – Maximum percentage of site area that may be covered by structures.

Maximum coverage 100%
Height limit – Maximum allowable height of structures. See CMC Section 17.30.040 for height measurement, and height limit exceptions. See Figure 2-2.

Maximum Height 45 ft.; 55 ft. with use permit
Accessory structures See CMC Section 17.42.020
SECTION 9: Amendment to the Cotati Municipal Code. Section 17.30.082 Residential conversions is amended to include demolition as follows:
§ 17.30.082 Residential conversions and demolition.

The use of a structure designed and constructed as a dwelling with a nonresidential use, and the use of a structure designed and constructed for nonresidential use as a dwelling shall and/or the demolition of a residential unit(s) comply with the following requirements:

A. Residential to Nonresidential Conversion. The conversion of an existing dwelling in RR, RVL, NL, NM, or NU zones for occupancy by a nonresidential use shall require a minor use permit.

Minor use permit approval shall require that the review authority first make one of the following findings:

1. An equivalent number and type of new housing will be constructed elsewhere in the city;

2. There exists an adequate supply of housing units in the city to meet current and projected housing needs; or

3. The proposed conversion is essential for the health and safety of the community.

B. Nonresidential to Residential Conversion. The use of a structure that was designed and constructed for nonresidential use as a dwelling shall require that the structure first be brought into compliance with all applicable current requirements of this land use code, including the applicable zoning district, and the building code.

C. Demolition of residential unit(s). The demolition of a residential unit (or units) is subject to the no net loss provisions of state law including tenant relocation funds to be provided by the developer; the right of first refusal for existing residents to be offered newly developed units at the same affordability level of the occupied units proposed to be demolished.

SECTION 10: Amendment to the Cotati Municipal Code. Section 17.36.040 General parking regulations. is amended as follows:

17.36.040 General parking regulations.

A. Location of Parking on a Site. Parking and loading spaces shall be located as required in Section 17.36.090(A).

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 person, 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. Off-street residential parking spaces shall be unbundled in the SW and TOC Zoning Districts.

Parking spaces assigned to a residential development shall be available to be rented or sold separately from the rental or purchase of dwelling units for the life of the dwelling units. Potential renters or buyers shall have the option of renting or buying a dwelling unit at a price lower than would be the case if there were a single price for both the dwelling unit and the parking space(s).

1. Off-street parking spaces shall only be offered to residents of the dwelling units served by the off-street parking except that in developments in the SW and TOC zoning districts, any spaces (required or not required) not purchased or rented by residents may be rented to non-residents to be used for automobile parking. Such spaces must be vacated upon thirty (30) days' notice if requested by residents to be made available to them.

2. For developments offering unbundled parking, notice describing the unbundling allowances and regulations shall be included in all purchase and/or rental agreements and permanently posted in a common area of the building or development (such as a parking lot, lobby or mailroom) that is clearly visible to residents.

3. A parking management plan is required to be submitted with each multi-family and/or mixed-use project.

4. Unbundled vehicular parking spaces shall not be used for long-term vehicle storage.

F. Vehicles for Sale. See Section 17.42.045 (Auto and vehicle sales). (Ord. 918 § 14, 2023; Ord. 766 § 2 Exh. A (part), 2004).

SECTION 11: Amendment to the Cotati Municipal Code. Section 17.36.050 Number of Parking Spaces Required Table 3-7 is amended to include parking requirements for the Transit Oriented Communities (TOC) Overlay as follows:

Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
Transit Oriented Communities (TOC) Overlay
Mixed Use/Multifamily
Residential No minimum. 1.5 spaces per residential unit maximum All Commercial/Office No minimum. 1 space for each 250 sq. ft. of commercial use areas maximum
Manufacturing Processing and Warehousing
All manufacturing, industrial, and
processing uses, except as
follows:
1 space for each 250 sq. ft. of office area;
1 space for each 1,000 sq. ft. of ground and/or building area devoted to other than office;
1 space for each company vehicle.

Industrial research and 1 space for each 400 sq. ft. of floor area, plus 1 space for each company Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
development, laboratories vehicle.

Recycling facilities
Medium collection facilities Determined by minor use permit.

Small collection facilities Determined by minor use permit.

Recreation, Education, Public Assembly
Bar/tavern, night club (not within
a retail complex)
1 space for each 50 sq. ft. of seating area and waiting/lounge area exclusive of dance floor, and 1 space for each 30 sq. ft. of dance floor.

Commercial recreation facilities –
Indoor
Arcade 1 space for each 200 sq. ft. of floor area.

Bowling alley 5 spaces for each lane.

Pool and billiard room 2 spaces for each table.

Skating rink 1 space for each 100 sq. ft. of rink area.

Commercial recreation
facilities – Outdoor
Determined by use permit.

Equestrian facilities –
Commercial stables
1 space for each 5 horses boarded.

Golf
Golf courses and country clubs 4 spaces for each hole, plus as required by this table for accessory uses (e.g., pro shop, bar, restaurant, etc.)
Golf driving ranges 1 space for each tee.

Miniature golf courses 3 spaces for each hole, plus as required by this table for accessory uses (e.g., game room, food service, etc.)
Health/fitness facilities 1 space for each 200 sq. ft. of floor area.

Library, museum 1 space for each 300 sq. ft. of floor area.

Meeting facility, public or private 1 space for each 4 seats, or 1 space for each 40 sq. ft. of floor area if no seats are provided, whichever is greater, plus 1 space for each classroom or office.

Schools (public and private)
Kindergarten and nursery
schools
1 space for each 3 employees (including administrators and teachers) and 1 space for each 10 children.

Elementary/middle schools 1 space for each employee plus 1 space for each 8 students.

Secondary (high) schools 1 space for each employee plus 1 space for each 4 students.

Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
Colleges and universities
(including trade and business
schools)
1 space for each 1.5 students.

Studios (art, dance, martial arts,
music, etc.)
1 space for each 200 sq. ft. of floor area.

Swimming pools (public, private
and commercial)
1 space for each 100 sq. ft. of pool deck area.

Tennis/racquet/handball or other
courts
2 spaces for each court, plus 1 space for each 300 sq. ft. of floor area for accessory uses.

Theaters, auditoriums 1 space for each 3 seats.

Residential
Accessory dwelling unit or junior
accessory dwelling unit
See Section 17.42.170 (Accessory dwelling units/junior accessory dwelling units).

Live/work units 1 space for each unit.

Multifamily housing
Studio units and one-bedroom
units
1 space for each unit.

Two- and three-bedroom units 1.5 spaces for each unit.

Four-bedroom units and above 2 spaces for each unit, or less as required by the review authority.

Guest parking 1 space for each 4 units.

Organizational house 1 space for each bedroom.

Residential care homes
Six or fewer clients 2 spaces.

Seven or more clients 1 space for each 2 beds, plus 1 space for each 4 beds for guests and employees.

Rooming or boarding houses 1 space for each bedroom.

Senior housing projects 1 space for each two units, plus 1 guest parking space for each 10 units.

Reduced parking may be provided in compliance with
Section 17.36.080(C) (Reduced Parking for Restricted Senior Housing Projects).

Single-family dwellings including
mobilehome units and
manufactured housing
2 spaces.

Retail Trade
All “Retail Trade” uses listed
under “Retail Trade” in Tables 2-
2 or 2-3, except the following:
1 space for each 200 sq. ft. of floor area, and 1 space for each 200 sq. ft. of outdoor sales area.

Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
Auto and vehicle sales and
rental
1 space for each 400 sq. ft. of floor area for showroom and office, 1 space per 600 sq. ft. of area used for repairs and services, and 1 space for each 2,000 sq. ft. of outdoor display area.

All customer parking shall be clearly marked and not to be used for parking of unregistered vehicles. No damaged, inoperative, wrecked, or abandoned vehicles shall be stored in any exterior area for more than five days.

Building and landscape
materials, and furniture,
furnishing, and appliance stores
1 space for each 500 sq. ft. of indoor display area for first 10,000 sq. ft., 1 space for each 1,000 sq. ft. of indoor display area over 10,000, and 1 space for each 1,000 sq. ft. of outdoor display area.

Convenience stores 1 space for each 250 sq. ft. of floor area.

Garden stand 2 spaces minimum, either on-street adjacent to the property or off street, out of the public right-of-way.

Grocery stores, delicatessens,
supermarkets (not within a
retail complex)
1 space for each 150 sq. ft. of floor area used for display and sales, and 1 space for each 800 sq. ft. of floor area used exclusively for warehousing.

Plant nursery, garden supply
stores
1 space for each 2,000 sq. ft. of site area, and 1 loading space, 15 ft. x 30 ft., for each acre.

Produce stands or other outdoor
vendors
3 spaces minimum or 1 space for each 150 sq. ft., whichever results in a greater number of spaces. The spaces shall be located at least 20 feet off the public right-of-way or 20 feet from the front property line with no vehicle maneuvering allowed in the public right-of-way. The use permit may require additional parking, depending on the nature of the sales proposed.

Restaurants (not within a retail
complex)
1 space for each 50 sq. ft. of dining, indoor/outdoor seating, waiting, and lounge areas.

Retail complexes 1 space for each 250 sq. ft. of floor area for complexes of less than 30,000 sq. ft., and 1 space for each 300 sq. ft. for complexes of 30,000 sq. ft. or more.

Services
Banks, financial services (not
within a retail complex)
1 space for each 180 sq. ft. of floor area, plus 4 tandem stacking spaces for each outdoor teller or teller station.

Child day care See Section 17.42.060.

Equipment rental 1 space for each 300 sq. ft. of floor area, plus 1 space for each 1,000 sq. ft. of outdoor storage and rental area.

Laundry – Dry cleaning pick-up
facilities and laundromats
1 space for each 250 sq. ft. of floor area.

Laundry – Laundries and dry 1 space for each 1,000 sq. ft. of floor area.

Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
cleaning plants
Lodging
Bed and breakfast inns 1 space for each guest room, plus 2 covered spaces for the resident family.

Hotels or motels 1 space for each guest room or rental unit, or 1 space for each two beds, whichever is greater, plus required spaces for accessory uses.

Medical services
Clinics and laboratories 1 space for each 225 sq. ft. of floor area, or 4 spaces for each doctor, whichever is greater.

Doctor offices 1 space for each 225 sq. ft. of floor area, or 4 spaces for each doctor, whichever is greater.

Extended care, urgent care 1 space for each 3 patient beds the facility is licensed to accommodate.

Hospitals 1 space for each 2 patient beds the facility is licensed to accommodate.

Mortuaries, funeral homes 1 space for each 4 seats in main sanctuary.

Offices
Business and service 1 space for each 250 sq. ft. of floor area.

Processing 1 space for each 150 sq. ft. of floor area.

Professional 1 space for each 250 sq. ft. of floor area.

Personal services – All except the
following:
1 space for each 250 sq. ft. of floor area.

Pet grooming 1 space for each 400 sq. ft. of floor area.

Public utility structure or
installation, bus depot, or transit
station
1 space for each 3 employees, plus additional spaces required by the commission.

Service (gas) stations 1 space for each 250 sq. ft. of floor area, plus 3 spaces for each service bay.

Storage areas 1 space for each 1,500 sq. ft. of floor area Vehicle services – All except the
following:
(All customer parking shall be clearly marked and not to be used for parking of unregistered vehicles. No damaged, inoperative, wrecked, or abandoned vehicles shall be stored in any exterior area for more than five days.)
4 spaces for each service bay, plus spaces for any office as required by this section for offices.

Car wash – Self service 1 drying space for each stall.

Car wash – Full service 10 spaces, plus 6 spaces for each wash lane for queuing and drying area.

Veterinary clinics, animal 1 space for each 250 sq. ft. of floor area.

Table 3-7
Parking Requirements by Land Use
Land Use Type: Vehicle Spaces Required
hospitals, kennels
Kennels separate from other
facilities
1 space for each employee, plus 2 spaces.

See subsection G of this section for all projects located more than one-half mile of public transit, or projects subject to specific thirty-day findings pursuant to Government Code Section 65853.2.

SECTION 12: Amendment to the Cotati Municipal Code. Section 17.36.070 is amended as follows:

17.36.070 Bicycle and motorcycle parking.

A. Bicycle Parking. Each multifamily residential development, mixed use and nonresidential land use shall provide bicycle parking in compliance with this section.

1. Number of Bicycle Spaces Required.
a. Multifamily residential uses shall provide bicycle parking spaces equal to a minimum of one bicycle space for every four dwelling units or fraction thereof, with a minimum of two bicycle spaces. For multifamily developments of fourteen or more dwelling units, a minimum of seventy-five percent of bicycle parking spaces or fraction thereof shall be long-term parking and the remaining spaces may be shortterm parking. The number of long-term bicycle parking spaces may be reduced by the review authority if dwelling units are provided with a private garage or private, ground-floor, enclosed storage space that will accommodate a bicycle. b. Multifamily and mixed-use projects within the TOC and SWSP Zoning Districts/overlay area shall provide bicycle parking spaces equal to a minimum of one secured bicycle parking space per dwelling unit and one secured bicycle parking space per 5000 square feet of office space.
c. Nonresidential uses shall provide bicycle parking spaces equal to a minimum of one bicycle space for every ten automobile spaces or fraction thereof, with a minimum of two bicycle spaces. A minimum of twenty-five percent of bicycle parking spaces or fraction thereof shall be long-term parking and the remaining spaces may be shortterm parking.

SECTION 13: Amendment to the Cotati Municipal Code. Sections 17.36.080(A-F) are amended as follows:

17.36.080 Reduction of parking requirements.

A. Shared Parking. Where two or more adjacent uses have distinct and differing peak parking usage periods (e.g., a theater and a bank), a reduction in the required number of parking spaces shall be allowed. Approval shall also require a parking management plan and recorded covenant running with the land, recorded by the owner of the parking facility, guaranteeing that the required parking will be maintained exclusively for the use or activity served for the duration of the use or activity, in compliance with Section 17.36.120 (Designation of off-site parking and loading spaces).

B. Reduction of Parking. The review authority may reduce the number of parking spaces required by Section 17.36.050 (Number of parking spaces required), based on quantitative information provided by the applicant that documents the need for fewer spaces (e.g., sales receipts, documentation of customer frequency, information on parking standards required for the proposed land use by other cities, etc.).

C. Reduced Parking for Restricted Senior Housing Projects. The review authority may reduce the number of parking spaces required by Section 17.36.050 (Number of parking spaces required) for senior housing projects, for persons aged fifty-five and over, based on quantitative information provided by the applicant that documents the need for fewer spaces for these types of residential development projects.

D. Shared On-Site Parking for Mixed Use Projects. The use of shared parking provisions shall be incorporated into mixed use projects in compliance with Section 17.42.100 (Mixed use projects).

E. Street or Public Parking Lot Parking for Residential Uses. A portion of the required parking for a residential use may be located on a public street or in a public parking lot with use permit approval.

F. Alternative Parking Arrangements for the DSP, TOC and CD Zoning District(s). Alternative parking may be approved by the review authority for projects located in the DSP, TOC and CD zoning district(s) where the applicant executes an agreement with the city to:

1. Pay a parking in-lieu fee, based on an in-lieu fee established or approved by the council;

2. Waive the right to protest the formation of a parking assessment district, if a parking district is formed by the council; or

3. Provide some other fair share contribution acceptable to the review authority, where authorized by the council.

The agreement shall be recorded before the issuance of a building permit for the project.

SECTION 14: Amendment to the Cotati Municipal Code. Sections 17.39.030 is amended as follows:

G. Accessory Elements. The intent of accessory elements standards is to ensure that certain accessory uses are provided and appropriately incorporated into the project design.

1. Perimeter fencing utilized along public streets shall be constructed of decorative iron, pre-painted welded steel, stone, or wood pickets or a combination of such materials. Chainlink fencing is prohibited.

2. The height of solid fencing between private yards and common open spaces shall be limited to forty-two inches in height.

3. Screen rooftop equipment (solar panels are exempt) from visibility. The point of view for determining visibility shall be five feet above grade at a distance of two hundred feet.

4. Screen all exterior trash, recycling, storage utility boxes, wood service poles, electric and gas meters, fire sprinkler valves and backflow preventers and transformers, or other ground-mounted infrastructure.

5. Refuse Containers.
a. Provide dumpsters for refuse collection within a roofed enclosure with walls a minimum of six feet tall. Allow adequate size to accommodate the needed landfill, compost, and recycling containers. All enclosures and gates should be designed to withstand heavy use. Provide wheel stops or curbs to prevent dumpsters from banging into walls of enclosure.
b. Coordinate with the refuse pickup provider to determine the size and number of dumpsters required, and ensure that dumpsters shall accommodate all waste streams (landfill, recycling and compost, etc.).
c. Provide an opening so that pedestrians can access the dumpsters without opening the large gates.
d. Provide lighting at refuse enclosures for nighttime security and use. e. Locate dumpster enclosures so that no dwelling is closer than twenty feet (including those on abutting properties), or more than one hundred feet from a residential unit.

No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.

6. Storage. A minimum of one hundred cubic feet of lockable storage area shall be provided for each dwelling outside of the unit, with no dimension less than thirty inches. This section does not apply to vertical mixed use.

7. Laundry Facilities. Each unit shall be provided a plumbed individual laundry area within the unit or its garage, of a size large enough to accommodate a clothes washer and dryer. If located in the garage for an individual unit, the laundry area shall not encroach into the required parking area. Alternatively, project applicant may provide common laundry facilities.

8. Curb Demand Management. The public street frontage of all new multifamily and mixed-use development projects shall incorporate curb management design characteristics to facilitate ride-share pick-ups, delivery vehicle parking, micromobility access and parking for all vehicle types.

9. Mobility Hub Features. Mobility hubs are centralized locations where people can easily access and transfer between multiple modes of transportation. Each multi-family development shall incorporate a minimum of four mobility hub features from the menu below.
a) Micromobility stations and drop zones
b) Dedicated Car Share Service and Parking
c) Loading Zones for ride-hail, shuttles, micro/on-demand transit and urban freight d) Common carrier package pickup and/or similar efficient delivery services e) Wayfinding Signage to off-site transit and mobility opportunities f) Electric Vehicle Charging Infrastructure
g) Long- and Short-Term Bicycle Parking
H. Mixed Use Developments. In addition to the objective standards identified above, 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.

I. Solar on Site. Projects shall include on-site solar photovoltaic panels/equipment to help achieve energy efficiency standards contained within California Code of Regulations Title 24.

J. Additional Objective Standards Within Land Use Code and Specific Plans. Projects subject to this chapter must comply with all other applicable objective standards within this land use code and adopted policies of specific plans. (Ord. 927 § 16, 2024).

SECTION 15: Amendment to the Cotati Municipal Code. Sections 17.60.040 Table 6-1 is amended as follows:

Table 6-1
Planning Perm it Review Authority
Type of Decision
Applicable
Land Use
Code Section
Role of Review Authority(1)
Design Review
Adm inistration Director
Planning
Com m ission City Council
Adm inistrative and Legislative
Interpretation 17.12 Decision(2) Appeal Appeal
Developm ent Agreem ent 17.66 Recom m end Recom m end Decision General Plan Am end m ent Recom m end Recom m end Decision Specific Plan Recom m end Recom m end Decision
Zoning Map Am end m ent 17.62.070 Recom m end Recom m end Decision Land Use Code Am endm e nt 17.62.070 Recom m end Recom m end Decision Planning Perm it/Develop m ent Approval
Table 6-1
Planning Perm it Review Authority
Type of Decision
Applicable
Land Use
Code Section
Role of Review Authority(1)
Design Review
Adm inistration Director
Planning
Com m ission City Council
Preapplication Con ference 17.60.040(A) Feedback
Zoning Clearance 17.62.020 Decision Appeal Appeal
Minor Use Perm it (MUP) 17.62.050 Decision(2) Appeal Appeal Use Perm it (UP) 17.62.050 Recom m end Decision Appeal
Minor Variance 17.62.060 Decision(2) Appeal Appeal
Variance 17.62.060 Recom m end Decision Appeal
Design Review – Single -fam ily
dwelling or two-unit m ultifam ily
plex (duplex) structure

17.62.040 Decision Appeal Appeal
Design Review – All other projects 17.62.040 Recom m end Recom m end Decision Appeal Lim ited Term Perm it 17.62.030 Decision Appeal Appeal
Sign Perm it or Master Sign Plan 17.38.030 Recom m end Decision Appeal Appeal Master Sign Plan 17.38.030 Recom m end Decision Appeal Appeal Tree Perm it – Developed parcel 17.54 Decision Appeal Appeal Tree Perm it – Undeveloped parcel 17.54 Recom m end Recom m end Decision Appeal Tree Perm it – Native oak 17.54 Recom m end Recom m end Recom m end Decision Notes:
(1) "Recom m end " m eans that the review authority m akes a recom m endation to a higher decisionm aking body; "Decision" m eans that the review authority m akes the final decision on the m atter; "Appeal" m eans that the review authority m ay consider and decide upon appeals to the decision of an earlier decisionm aking body, in com p liance with Chapter 17.84 (Appeals). "Feedback" m eans that the director shall issue a letter addressing those issues outlined in subsection A of this section.
(2) The director m ay defer action and refer the request to the com m ission , so that the com m ission m ay instead m ake the decision.
(Ord. 927 § 21, 2024; Ord. 915 § 14, 2022; Ord. 895 § 2(A) Exh; 2 (part), 2020; Ord. 885 § 2 Exh; A (part), 2019; Ord. 766 § 2 Exh; A (part), 2004)
SECTION 16: Amendment to the Cotati Municipal Code. Sections 17.62 Permit Review and Decisions is amended to add 17.62.070 Amendments as follows:

Chapter 17.62 Permit Review and Decisions
Section 17.62.070 AMENDMENTS
A. Purpose. This section provides procedures for the amendment of the General Plan, this Zoning Code, and the Official Zoning Map whenever required by public necessity and general welfare.

B. Applicability, initiation, processing, notice, and hearing.

1. Applicability.
a. General Plan. A General Plan amendment may include revisions to text or diagrams. b. Zoning Code. A Zoning Code amendment may modify any procedure, provision, regulation, requirement, or standard applicable to land use or development within the City.
c. Zoning Map. A Zoning Map amendment has the effect of rezoning property and/or moving a boundary between two zoning districts.
1a. A Zoning Code Map Amendment for housing projects is not required for consistency with the General Plan provided the proposed housing project is consistent with objective General Plan standards and criteria of the zoning consistent with the General Plan land use, as shown in Table 2-1, Zoning Districts.

2. Initiation of amendment. An amendment to the General Plan, this Zoning Code, or the Zoning Map shall be initiated by:
a. A resolution of the Council or Commission;
b. The filing of an amendment application with the Department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all of the owners or their authorized agents shall join in filing the application; or
c. A request from the Director, or City department other than Community Development, to the Commission, followed by the adoption of a motion by the Commission setting the matter for study, hearing, and recommendation to the Council.

2. Application requirements. An application for an amendment filed by a property owner or authorized agent in compliance with Subsection B.2.b, shall be filed in compliance with Chapter

17.60 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for amendment applications. It is the responsibility of the applicant to provide evidence in support of the findings required below.

3. Study of additional area. The Director, upon review of an application, or upon a motion by the Commission or Council for an amendment, may elect to include a larger area or additional land in the study of the General Plan or Zoning Map amendment request.

C. Public hearings required.

1. After the initial processing of a proposed amendment in compliance with Chapter 17.60 (Permit Application Filing and Processing) the Commission and Council shall each conduct at least one public hearing regarding the amendment.

2. Notice of the hearings shall be given in compliance with Chapter 17.88 (Public Hearings).

3. Failure of any person to receive notice of the hearings shall not invalidate a decision by the Commission or Council.

D. Commission action on amendments.

1. Action on amendments. A recommendation to the Council for the approval of a proposed amendment shall be by resolution, and carried by the affirmative vote of a majority of Commission members; otherwise the proposal shall be deemed denied.

2. Modification of amendments.
a. The Commission may modify a proposed amendment by changing the wording of a proposed text amendment or, in the case of a proposed General Plan or Zoning Map amendment, by reducing the area involved, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification. In no case shall a Commission modification extend into another land use or zoning category without additional public notice of the Commission as an reconsideration. However, in keeping with the No-NetLoss elements of state law, an existing residentially zoned parcel may not be rezoned to a less dense residential district without a requisite up-zoning of a separate parcel to compensate for the loss in allowable residential units on the subject parcel. b. The reasons for a modification to a proposed General Plan or Zoning Map amendment, along with a statement as to the initial proposal, shall be included in the recommendation to the Council.

3. Denial of amendment.
a. A Commission denial of a proposed amendment shall terminate the proceedings in the matter, and the action of the Commission shall be final, unless an appeal is filed with the City Clerk within 10 days of the date of Commission action, in compliance with Chapter

17.84 (Appeals).
b. However, in the case of an amendment proposed or initiated by the Council, the Commission shall forward its written recommendation for denial to the Council for its consideration within 60 days after the date of the opening of the public hearing. c. Recommendation to the Council. A Commission recommendation to the Council for the approval, modified approval, or denial of an amendment in compliance with this Chapter shall be accompanied by a complete report of the Commission's action, including a summary of the hearing, its findings in support of the recommendation (based on the findings in Section 17.62.070 F. (Findings), a copy of the Commission resolution, and any other pertinent material or information that will assist the Council in making its final determination.

E. Council action on amendments.

1. Action to approve or deny. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed amendment, based on the findings identified below.
a. General Plan. If the Council votes to approve an amendment to the General Plan, the Council shall do so by adopting a resolution.
b. Zoning Code or Zoning Map. If the Council votes to approve an amendment to this Zoning Code or the Zoning Map, the Council shall do so by adopting an ordinance.

2. Substantive changes by Council. If the Council proposes to adopt a substantive change to the amendment not previously considered by the Commission during its hearings, the proposed substantive change shall be referred back to the Commission for its recommendation.

3. Non-substantive changes by the Council.
a. The Council may modify any proposed amendment by making non-substantive changes in the wording of the proposed General Plan or Zoning Map amendment, by reducing the area involved, considering the option of a mixed use classification, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification, and in no case shall a modification transcend into another category without re-noticing the Council's reconsideration. b. Before taking the action, the Council may (at the Council discretion) refer the proposed non-substantive change to the Commission for a written recommendation. c. In this case, the Commission need not hold a public hearing and shall report back to the Council within 60 days after the date of Council referral, or the Council shall be deemed to have approved the proposed non-substantive changes.

F. Findings.

An amendment to the General Plan, this Zoning Code, or the Zoning Map may be approved only if all of the following findings are made, as applicable to the type of amendment.

1. Findings for General Plan amendments.
a. The proposed amendment ensures and maintains internal consistency with the goals and policies of all elements of the General Plan;
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
c. The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested and/or anticipated land use developments; and
d. The proposed amendment is consistent with no-net-loss provisions and will not reduce the residential density of the parcel without a concurrent and off-setting increase in density being adopted for an alternate location.
e. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

2. Findings for Zoning Code/Map amendments.
a. The proposed amendment is consistent with the goals and policies of all elements of the General Plan, and any applicable specific plan;
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
c. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
d. Additional finding for Zoning Code amendments: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. e. Additional finding for Zoning Map amendments: The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/developments.
f. Additional finding for Zoning Map amendments: The proposed amendment is consistent with no-net-loss provisions and will not reduce the residential density of the parcel without a concurrent and off-setting increase in density being adopted for an alternate location.

G. Prezoning.

1. Applicability. An unincorporated property within the City's urban boundary may be prezoned to the zoning district that would apply to the property in the event of subsequent annexation to the City.
a. A prezoning shall be accomplished by ordinance, and shall be initiated, processed, and approved or denied in the same manner as provided for Zoning Map amendments for property located within the City.
b. Upon the effective date of annexation of property which has been prezoned in compliance with this Section, the zoning designation shall become the official zoning designation for the property and shall be so designated on the Official Zoning Map. c. A prezoning designation may be withdrawn or changed in the same manner and under the same procedures required for establishing the prezoning designation.

2. Commission recommendation. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed prezoning, based on the findings contained above.

3. Council's action on prezoning.
a. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed prezoning based on the findings contained above. b. If the Council proposes to adopt a substantial modification to the prezoning not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation.

SECTION 17: Amendment to the Cotati Municipal Code. Sections 17.74.030 is amended as follows:

17.74.030 Condominiums and condominium conversion.

Condominiums and condominium conversions shall comply with the following requirements, and the limitations and standards in Section 17.42.065 (Condominium, stock cooperative, and other common interest projects) and the applicable sections of the Subdivision Map Act.

A. Condominiums. When a residential structure is proposed at the time of construction as a condominium, community apartment project, or stock cooperative, a tentative map for the project shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or denied in the same manner in compliance with Chapter 17.71 (Tentative Map Filing and Processing). Chapter 17.72 (Parcel Maps and Final Maps) of this title, determines whether a parcel or final map shall also be filed.

B. Condominium Conversions. A condominium conversion is the conversion of real property to a common interest development as defined by Section 1351 of the California Civil Code.

1. Approvals Required. A conversion shall require the approval of a tentative map, and parcel or final map, except where a parcel map, or tentative and final map are waived in compliance with Map Act Section 66428(b) or 66428.1, for the conversion of a mobilehome park. If a parcel map is waived, a tentative map shall still be required.

2. Approval of a tentative map allowing the conversion of rental units to ownership condominium units shall require the replacement of the rental units at a one-to-one ratio, where permitted by state law, as a condition of map approval. This one-to-one unit replacement ratio is not required for condominium conversions where:
a) A minimum of 90% of the condominium units are purchased by current tenants; or b) 100% of the converted housing units are proposed to be deed restricted as affordable housing to households earning 120% of the Area Median Income (AMI) or less for a period of 55-years.

3. Application Filing and Processing. A tentative map for a condominium conversion shall be filed in the same form, have the same contents and accompanying data and reports and shall be processed, approved or disapproved in the same manner as set forth in Chapter 17.71 (Tentative Map Filing and Processing) of this title, except as otherwise provided by the following provisions of this section.

4. Application Contents. Condominium conversion applications shall include the same information and materials as tentative map applications, except for conversions of residential projects, which shall also include the following information and materials:
a. Tentative Map. The tentative map for a condominium, community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative need not show the buildings or the manner in which the airspace above the property shown on the map are to be divided. However, the applicant shall provide an illustration of how subdivision will occur to enable verification of the accuracy of the legal descriptions on deeds for the transfer of ownership of the units and shall include a narrative description of the size and bedroom counts of the units proposed to be converted;
b. Verification of Stock Cooperative Vote. If the development being converted to a condominium is a stock cooperative, the application shall also include verification of the vote required by Map Act Section 66452.10;
c. Tenant Relocation Assistance Plan. A detailed plan that provides a first right of refusal to current tenants to purchase a unit at the same price offered to the general public; describes the tenant protections, benefits, and required relocation payments and moving assistance information to be given to each tenant; and includes the steps the applicant will take to ensure the successful relocation of each temporarily and/or permanently displaced tenant. The plan shall include additional measures, including assistance in locating comparable housing, assistance in locating a moving company, and payment to cover estimated moving costs, to assist special needs tenants, including senior citizens over the age of sixty-two, households with a handicapped person, and lower income households living with one or more minor children. Limited equity residential cooperatives which provide long-term affordability for the units proposed for conversion are exempt from this requirement. d. Housing Stock Assessment. An analysis of the potential impact on the city’s housing supply and costs. The analysis shall provide adequate information for the city to determine whether the proposed condominium conversion would have a negative effect on the city’s multifamily rental housing supply and rental rates and shall identify, at a minimum:
i. Vacancy rates for multifamily housing by unit size,
ii. Vacancy rates for existing condominiums and townhomes in the city by unit size,
iii. Rental rates of multifamily units, by unit size, and the rental rates of the project proposed for conversion,
iv. Length of time existing for-sale condominiums in the city have been on the market, and
v. The number of multifamily apartment units, by unit size, that are in the city’s housing stock and the percentage of the city’s apartment stock, by unit size, that would be reduced by the proposed condominium conversion.

4. Staff Report. The staff report on the tentative map for the condominium conversion (Section 17.74.020) shall be provided to the subdivider and each tenant of the subject property at least three days before any hearing or action on the tentative map by the commission or council.

5. Public Notice. The following notice shall be provided in addition to that required by Chapter 17.88 (Public Hearings) of this title:
a. Tenant Notice. The subdivider shall give notice to all existing or prospective tenants as set forth in Map Act Sections 66452.8 and 66452.9, and shall provide the department satisfactory proof that the notice was given; and b. Public Hearing Notice. Notice of the public hearing(s) on the tentative map shall be provided to all tenants of the subject property, as required by Map Act Section 66451.3.

6. Approval of Conversion, Required Findings.
a. Time limit, Stock Cooperatives. The approval or disapproval of the conversion of an existing building to a stock cooperative shall occur within one hundred twenty days of the application being found complete in compliance with Section 17.71.030 (Tentative map filing, initial processing) of this title. The one hundred twenty day time limit may be extended by mutual consent of the subdivider and the city, and/or as allowed under state law.
b. Conversion Findings, Residential Projects. Approval of a tentative or final map for a subdivision to be created from the conversion of residential real property into a condominium project, community apartment project or stock cooperative shall not be granted unless the findings set forth in Map Act Section 66427.1 are first made.

7. Completion of Conversion. The filing, approval and recordation of a parcel map or final map in compliance with Chapter 17.72 (Parcel Maps and Final Maps) shall be required to complete the subdivision process, except where a parcel map, or tentative and final map are waived for the conversion of a mobilehome park in compliance with Map Act Section 66428(b). (Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh. A (part), 2004).

SECTION 18: Amendment to the Cotati Municipal Code. Sections 17.60.040 Application preparation and filing, Table 6-1 is amended as follows:

17.60.040 Application preparation and filing.

Table 6-1
Planning Perm it Review Authority
Type of Decision
Applicable
Land Use
Code Section
Role of Review Authority(1)
Design Review
Adm inistration Director
Planning
Com m ission City Council
Adm inistrative and Legislative
Interpretation 17.12 Decision(2) Appeal Appeal
Developm ent Agreem ent 17.66 Recom m end Recom m end Decision General Plan Am end m ent Recom m end Recom m end Decision Specific Plan Recom m end Recom m end Decision
Zoning Map Am end m ent 17.62.070 Recom m end Recom m end Decision Land Use Code Am endm e nt 17.62.070 Recom m end Recom m end Decision Planning Perm it/Develop m ent Approval
Preapplication Con ference 17.60.040(A) Feedback
Zoning Clearance 17.62.020 Decision Appeal Appeal
Minor Use Perm it (MUP) 17.62.050 Decision(2) Appeal Appeal Use Perm it (UP) 17.62.050 Recom m end Decision Appeal
Minor Variance 17.62.060 Decision(2) Appeal Appeal
Variance 17.62.060 Recom m end Decision Appeal
Design Review – Single -fam ily
dwelling or two-unit m ultifam ily
plex (duplex) structure

17.62.040 Decision Appeal Appeal
Design Review – All other projects 17.62.040 Recom m end Recom m end Decision Appeal Lim ited Term Perm it 17.62.030 Decision Appeal Appeal
Sign Perm it or Master Sign Plan 17.38.030 Recom m end Decision Appeal Appeal Master Sign Plan 17.38.030 Recom m end Decision Appeal Appeal Tree Perm it – Developed parcel 17.54 Decision Appeal Appeal Tree Perm it – Undeveloped parcel 17.54 Recom m end Recom m end Decision Appeal Tree Perm it – Native oak 17.54 Recom m end Recom m end Recom m end Decision Notes:
(1) "Recom m end " m eans that the review authority m akes a recom m endation to a higher decisionm aking body; "Decision" m eans that the review authority m akes the final decision on the m atter; "Appeal" m eans that the review authority m ay consider and decide upon appeals to the decision of an earlier decisionm aking body, in com p liance with Chapter 17.84 (Appeals). "Feedback" m eans that the director shall issue a letter addressing those issues outlined in subsection A of this section.
(2) The director m ay defer action and refer the request to the com m ission , so that the com m ission m ay instead m ake the decision.
(Ord. 927 § 21, 2024; Ord. 915 § 14, 2022; Ord. 895 § 2(A) Exh; 2 (part), 2020; Ord. 885 § 2 Exh; A (part), 2019; Ord. 766 § 2 Exh; A (part), 2004)
SECTION 19: Amendment to the Cotati Municipal Code. Chapter 17.60.070 is hereby amended, as follows:

17.60.070 Initial Application review.

A. Review for Completeness. The director shall review each discretionary permit application or preliminary application (as defined by State law) for completeness and accuracy before it is accepted as being complete and officially filed. The director's determination of completeness shall be based on the city's list of required application contents (see Section 17.60.040(C) of this chapter), and any additional instructions provided to the applicant in any preapplication conference, and /or on the City website.

1. Notification of Applicant. As required by Government Code Section 65943, within thirty calendar days of a discretionary permit application or preliminary application filing, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the director's letter, must be provided. a. When a discretionary permit application or preliminary application proposing a residential project is deemed complete, this project shall be considered to have “vested” the applicable development standards and required fees in place at the time the completeness determination is made.

2. Appeal of Determination. Where the director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the director is not required, the applicant may appeal the determination in compliance with Chapter 17.84 (Appeals) of this title.

3. Time for Submittal of Additional Information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by subsection (A)(4) of this section.

4. Expiration of Application. If an applicant fails to provide the additional information specified in the director's letter within 90-days for a preliminary application or within six months after the first filing of a discretionary permit application with the department, the application shall expire and be deemed withdrawn. The director, at the complete discretion of the City may grant one six-month extension if requested in writing by the applicant prior to the date of expiration. After the expiration of an application, project approval shall require the submittal of a new, complete application, together with all required deposits and/or fees.

5. Environmental Information. After an application has been accepted as complete, the director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 17.60.080 (Environmental review) of this chapter.

SECTION 20: Amendment to the Cotati Municipal Code. Chapter 17.62 is hereby amended to add Section 17.62.070 Amendments, as follows:

17.62.070 Amendments.

A. Purpose. This section provides procedures for the amendment of the General Plan, this Zoning Code, and the Official Zoning Map whenever required by public necessity and general welfare.

B. Applicability, initiation, processing, notice, and hearing.

1. Applicability.
a. General Plan. A General Plan amendment may include revisions to text or diagrams. b. Zoning Code. A Zoning Code amendment may modify any procedure, provision, regulation, requirement, or standard applicable to land use or development within the City. c. Zoning Map. A Zoning Map amendment has the effect of rezoning property and/or moving a boundary between two zoning districts.
1a. A Zoning Code Map Amendment for housing projects is not required for consistency with the General Plan provided the proposed housing project is consistent with objective General Plan standards and criteria of the zoning consistent with the General Plan land use, as shown in Table 2-1, Zoning Districts.

2. Initiation of amendment. An amendment to the General Plan, this Zoning Code, or the Zoning Map shall be initiated by:
a. A resolution of the Council or Commission;
b. The filing of an amendment application with the Department by the owner or authorized agent of property for which the amendment is sought. If the property is under more than one ownership, all of the owners or their authorized agents shall join in filing the application; or
c. A request from the Director, or City department other than Community Development, to the Commission, followed by the adoption of a motion by the Commission setting the matter for study, hearing, and recommendation to the Council.

3. Application requirements. An application for an amendment filed by a property owner or authorized agent in compliance with Subsection B.2.b, shall be filed in compliance with Chapter

17.60 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for amendment applications. It is the responsibility of the applicant to provide evidence in support of the findings required in Section

17.62.070 F. below.

4. Study of additional area. The Director, upon review of an application, or upon a motion by the Commission or Council for an amendment, may elect to include a larger area or additional land in the study of the General Plan or Zoning Map amendment request.

C. Public hearings required.

1. After the initial processing of a proposed amendment in compliance with Chapter 17.60 (Permit Application Filing and Processing) the Commission and Council shall each conduct at least one public hearing regarding the amendment.

2. Notice of the hearings shall be given in compliance with Chapter 17.88 (Public Hearings).

3. Failure of any person to receive notice of the hearings shall not invalidate a decision by the Commission or Council.

D. Commission action on amendments.

1. Action on amendments. A recommendation to the Council for the approval of a proposed amendment shall be by resolution, and carried by the affirmative vote of a majority of Commission members; otherwise the proposal shall be deemed denied.

2. Modification of amendments.
b. The Commission may modify a proposed amendment by changing the wording of a proposed text amendment or, in the case of a proposed General Plan or Zoning Map amendment, by reducing the area involved, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification. In no case shall a Commission modification extend into another land use or zoning category without additional public notice of the Commission as an reconsideration. However, in keeping with the No-Net-Loss elements of state law, an existing residentially zoned parcel may not be rezoned to a less dense residential district without a requisite up-zoning of a separate parcel to compensate for the loss in allowable residential units on the subject parcel.
b. The reasons for a modification to a proposed General Plan or Zoning Map amendment, along with a statement as to the initial proposal, shall be included in the recommendation to the Council.

3. Denial of amendment.
a. A Commission denial of a proposed amendment shall terminate the proceedings in the matter, and the action of the Commission shall be final, unless an appeal is filed with the City Clerk within 10 days of the date of Commission action, in compliance with Chapter

17.84 (Appeals).
b. However, in the case of an amendment proposed or initiated by the Council, the Commission shall forward its written recommendation for denial to the Council for its consideration within 60 days after the date of the opening of the public hearing. c. Recommendation to the Council. A Commission recommendation to the Council for the approval, modified approval, or denial of an amendment in compliance with this Chapter shall be accompanied by a complete report of the Commission's action, including a summary of the hearing, its findings in support of the recommendation (based on the findings in Section 17.62.070 F. (Findings), a copy of the Commission resolution, and any other pertinent material or information that will assist the Council in making its final determination.

E. Council action on amendments.

1. Action to approve or deny. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed amendment, based on the findings identified below.
a. General Plan. If the Council votes to approve an amendment to the General Plan, the Council shall do so by adopting a resolution.
b. Zoning Code or Zoning Map. If the Council votes to approve an amendment to this Zoning Code or the Zoning Map, the Council shall do so by adopting an ordinance.

2. Substantive changes by Council. If the Council proposes to adopt a substantive change to the amendment not previously considered by the Commission during its hearings, the proposed substantive change shall be referred back to the Commission for its recommendation.

3. Non-substantive changes by the Council.
a. The Council may modify any proposed amendment by making non-substantive changes in the wording of the proposed General Plan or Zoning Map amendment, by reducing the area involved, considering the option of a mixed use classification, or by recommending a more restrictive land use or zoning classification, as applicable. The term "more restrictive" means a lower density within an applicable category of residential, commercial, or industrial zoning classification, and in no case shall a modification transcend into another category without re-noticing the Council's reconsideration. b. Before taking the action, the Council may (at the Council discretion) refer the proposed non-substantive change to the Commission for a written recommendation. c. In this case, the Commission meeting need not be held as a public hearing and the results shall reported back to the Council within 60 days after the date of Council referral, or the Council shall be deemed to have approved the proposed non-substantive changes.

F. Findings.

An amendment to the General Plan, this Zoning Code, or the Zoning Map may be approved only if all of the following findings are made, as applicable to the type of amendment.

1. Findings for General Plan amendments.
a. The proposed amendment ensures and maintains internal consistency with the goals and policies of all elements of the General Plan;
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
c. The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested and/or anticipated land use developments; and
d. The proposed amendment is consistent with no-net-loss provisions and will not reduce the residential density of the parcel without a concurrent and off-setting increase in density being at alternate location.
e. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

2. Findings for Zoning Code/Map amendments.
a. The proposed amendment is consistent with the goals and policies of all elements of the General Plan, and any applicable specific plan;
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and
c. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
d. Additional finding for Zoning Code amendments: The proposed amendment is internally consistent with other applicable provisions of this Zoning Code. e. Additional finding for Zoning Map amendments: The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/developments.
f. Additional finding for Zoning Map amendments: The proposed amendment is consistent with no-net-loss provisions and will not reduce the residential density of the parcel without a concurrent and off-setting increase in density at an alternate location.

G. Prezoning.

1. Applicability. An unincorporated property within the City's urban boundary may be prezoned to the zoning district that would apply to the property in the event of subsequent annexation to the City.
a. A prezoning shall be accomplished by ordinance, and shall be initiated, processed, and approved or denied in the same manner as provided for Zoning Map amendments for property located within the City.
b. Upon the effective date of annexation of property which has been prezoned in compliance with this Section, the zoning designation shall become the official zoning designation for the property and shall be so designated on the Official Zoning Map. c. A prezoning designation may be withdrawn or changed in the same manner and under the same procedures required for establishing the prezoning designation.

2. Commission recommendation. The Commission shall make a written recommendation to the Council whether to approve, approve in modified form, or deny the proposed prezoning, based on the findings contained above.

3. Council's action on prezoning.
a. Upon receipt of the Commission's recommendation, the Council shall approve, approve in modified form, or deny the proposed prezoning based on the findings contained above. b. If the Council proposes to adopt a substantial modification to the prezoning not previously considered by the Commission during its hearings, the proposed modification shall be first referred back to the Commission for its recommendation.

SECTION 21: Amendment to the Cotati Municipal Code. Chapter 17.64.080 is hereby amended, as follows:
§ 17.64.080 Permit time limits, extensions, and expiration.

A. Time Limits.

1. Unless a condition of approval or other provision of this land use code establishes a different time limit, any permit or approval not exercised within 2.5 years (30 months) of approval shall expire and become void, except where an extension of time is approved in compliance with subsection B of this section.

SECTION 22: Amendment to the Cotati Municipal Code. Chapter 17.88.040 is hereby amended, as follows:

7.88.040 Hearing procedure.

A. Conduct of Hearing. Each hearing shall be conducted in compliance with rules of procedure adopted by the council for the applicable review authority.

B. Continued Hearing. A hearing may be continued. Continuance may occur without further public notice if the hearing body announces the date, time, and place to which the hearing will be continued prior to the adjournment or recess of the hearing. Public notice of the continued hearing shall be provided in compliance with this chapter if the review authority continues the hearing to a date uncertain. For any matter being considered at a hearing in compliance with this land use code, a hearing body may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared.

C. Hearing limits for residential projects. Final action to approve or deny any residential projects must be decided with a maximum of five public hearings as defined by State law.

SECTION 23: Amendment to the Cotati Municipal Code. Chapter 17.90.020 is hereby amended to modify and/or add the following terms and phrases, as follows:

17.90.020 Definitions of specialized terms and phrases. "Antique or collectible store" means a retail store that sells antiques, curios, vintage clothing and other items, gifts and souvenirs, and collectible items including sports cards and comic books. A store that primarily sells books is included under "General retail." Does not include stores selling other types of secondhand items, which are instead included in the definition of "Secondhand store."
“Curb Demand Management” means the practice of actively monitoring and regulating the various uses of curb space in a city, aiming to optimize its allocation and prioritize different demands like parking, loading zones, bike sharing, ride-hailing pick-ups, electric vehicle charging and deliveries, to ensure efficient mobility and access for all users while considering factors like traffic flow and safety.
“Curb Extension” means a widening of the sidewalk into the parking and/or travel lane to visually and/or physically narrow the roadway. Curb extensions may be utilized to provide numerous street enhancements including safer, shorter and more visible pedestrian crossings; increased space for street furniture, plantings, and other amenities; narrowing the road width and/or tightening the intersection curb raii (slowing automotive turning movements). Curb extensions have multiple
applications and may be segmented into various sub-categories, ranging from traffic calming to bus bulbs and midblock crossings.
"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement or building, whether in whole or in part, whether interior or exterior. “Emergency Vehicle Access (EVA)” means a roadway or other surface that provides access for emergency vehicles to reach a building, facility, or other area. This includes fire lanes, parking lot lanes, and public or private streets.
“Floor Area Ratio (FAR)” means the relationship between the total amount of usable floor area of a building and the total area of the lot/parcel. The Plan uses FAR for commercial development, with a range from 1.0-3.0 FAR allowed. “Microdistillery” means a small scale distillery that produces beverage-grade alcohol in relatively small quantities, often through single-batch processes. Sale of beverages for off-site consumption is also permitted in keeping with the regulations of the Alcoholic Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Production quantity is limited to 10,000 cases of beverages (all beverage types combined) annually. May include the distribution of beverages for consumption at other sites.
“Micromobility” means a range of small, lightweight vehicles operating at speeds typically, below 25 km/h and driven by users personally. Micromobility devices include bicycles, e-bikes, electric scooters, electric skateboards, shared bicycles, and similar modes of transportation.
“Microtransit” means a technology-enabled private multi-passenger transportation services that serve passengers often using dynamically generated routes, and may expect passengers to make their way to and from common pick-up or drop-off points. Vehicles can range from large SUVs to vans to shuttle buses, providing transit-like service but on a smaller, more flexible scale. “Mobility Hub” means an area serving as a community anchor providing a welcoming environment that enables travelers of all backgrounds to access multiple transportation options and supportive amenities. Built on the backbone of frequent and high-capacity transit, mobility hubs offer a safe, comfortable, convenient, and accessible space to seamlessly transfer across different travel modes micromobility, ride share, personal automobiles and transit, which include supportive amenities designed and incorporated into a cohesive space. “Objective Design and Development Standards (ODDS)” means standards that apply to the design and build out of parcels including multifamily and mixed-use development. “Parking Management Plan” means a set of strategies, policies and regulations to manage parking demand and supply in a specific area. The goal of the plan shall be to maximize the efficiency of parking resources and minimize impacts on surrounding properties and uses. Parking management plans focus on a variety of needs, including space usage, access control, occupancy, layout, circulation, allocation, and violation management. Key elements include analysis of current and future needs, traffic flow strategies (like signage and designated zones), technology and physical design solutions such as speed humps and line markings. “Personal services” mean establishments providing nonmedical services to individuals as a primary use. Examples of these uses include:

1. Barber and beauty shops;

2. Clothing rental;

3. Dry cleaning pick-up stores with limited equipment;

4. Home electronics and small appliance repair;

5. Laundromats (self-service laundries);

6. Locksmiths;

7. Massage (licensed, therapeutic, nonsexual);

8. Pet grooming with no boarding;

9. Shoe repair shops;

10. Tailors;

11. Tanning salons;

12. Tattoo and body piercing services.
“Personal services – Restricted” means personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include:

1. Check cashing stores;

2. Fortune tellers;

3. Palm and card readers;

4. Pawnshops;

5. Psychics;

6. Spas and hot tubs for hourly rental;
“Retail tobacco store” means 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. “Tobacco product” means 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 electronic device that delivers nicotine or other 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.
“Transit-Oriented Communities (TOC)” policies means standards that apply to the design and build out of parcels including multifamily and mixed-use development located within one halfmile of the SMART Train station. “Transportation Demand Management (TDM)” means a set of transportation strategies aimed at providing travelers with travel choices, such as route, time of travel and mode. In the broadest sense, demand management is defined as providing travelers with effective choices to improve travel reliability and policy measures to reflect the true cost of driving, such as congestion pricing, VMT charging and parking management/pricing.
“Zoning Code” means a set of specific local rules that dictates how land in a specific area can be used and developed.

SECTION 24: Construction and severability.

It is the intent of the City Council of the City of Cotati to supplement applicable state and federal law and not to duplicate or contradict such law, and this ordinance shall be construed consistently with that intent. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Cotati hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 25: Effective date.

This ordinance shall take effect thirty (30) days after its adoption pursuant to the California Government Code.

SECTION 26: Publication. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

IT IS HEREBY CERTIFIED that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Cotati held on December 9, 2025, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

IT IS HEREBY CERTIFIED that the foregoing ordinance was duly adopted at a regular meeting of the City Council of the City of Cotati held on ______, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

Approved:

Mayor
Attest:

Kevin Patterson, City Clerk
Approved as to form:

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, City Clerk