Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: FOOD AND MOBILE BUSINESS ORDINANCE WORKSHOP
Date: January 27, 2026
Written by: Autumn Buss, Associate Planner
Recommendation
It is recommended that the City Council receive a staff report and conduct a workshop on potential code updates associated with food and mobile businesses.
Background
The goal of this workshop is to allow the City Council to discuss and provide direction to staff on potential standards to regulate sidewalk vendors, food trucks, and other food-related and outdoor businesses. These standards would be incorporated into an ordinance to amend the City’s land use code, to be considered by the Planning Commission and City Council at a later date. Adopting updated standards and policies can help the City to manage food, outdoor, and mobile businesses more advantageously in terms of economic development, management of impacts, efficient approvals, and effective enforcement. In addition, City standards should be updated in order to comply with State law related to sidewalk vending and Microenterprise Home Kitchen Operations (MEHKOs).
This workshop follows up on an informational presentation on small-scale food and retail businesses to the Council in January 2025. The staff report for that presentation is included as Attachment A for further background on MEHKOs, sidewalk vendors, food trucks, cottage food operations, parklets, and urban agriculture, and associated State and local regulations.
The Planning Commission also held a workshop on this topic at its January 20, 2026 meeting.
Analysis/Discussion
Sidewalk Vending
Sidewalk vending of food and merchandise is broadly permitted by State law, with little opportunity for local regulation. Sidewalk vendors may make sales from a pushcart, stand, wagon, or other nonmotorized conveyance, or from their person, and they may be roaming or stationary. Note that by this definition, sidewalk vendors are distinct from food trucks. State law requires that sidewalk vendors be allowed to operate on public sidewalks and pedestrian paths, including public parks. Further, the law stipulates that sidewalk vendors do not need permission to operate from adjacent private property owners.
Jurisdictions are allowed by State law to adopt a “program” that places limited location and operational standards on sidewalk vendors to ensure community health, safety, and welfare.
Accordingly, in early 2025 the City adopted informal guidelines to control sidewalk vending, included as Attachment B to this report. However, State law requires that a local jurisdiction go further and adopt an ordinance in order to do the following:
• Limit operating hours (may not be unduly restrictive; in nonresidential areas must be similar to any restrictions placed on other businesses on the same street) • Require maintenance of sanitary conditions
• Require compliance with ADA and other accessibility standards • Require a business license or sidewalk vending permit • Require a California seller’s permit
• Cite, fine, or prosecute a sidewalk vendor for violation of regulations Since the above issues are significant in terms of reducing the potential impacts of sidewalk vending on the community, staff recommends adoption of an ordinance setting forth specific standards, within the limits of State law, as being in the city’s best interest.
Following are standards that the Council may wish to consider for inclusion in an ordinance regulating sidewalk vending:
1. Require City business license and County health permit and/or State seller’s permit, as applicable.
2. Location requirements:
a. No operation on private property, roadways, or landscaped areas b. No blocking sidewalks
c. Maintain ADA/accessibility
d. Stationary vendors prohibited in residential-only zoning districts (Rural Residential (RR) and Residential Very Low (RVL))
e. Maintain distance from street furniture, intersections, events and farmers’ market, building entrances, other sidewalk vendors, etc. as determined by health, safety, and welfare concerns identified in consultation with City departments and Rancho Adobe Fire District.
3. Operating standards:
a. Hours of operation
i. Residential zoning districts 8:00am to 30 minutes before sunset ii. Other districts 7:00am to11:00 pm
b. Maintain a clean, litter-free area; immediately clean up food/fluid spills c. Operation must be self-contained and limited to 25 square feet in area d. Must meet performance standards for noise, odor, or other potential nuisances e. Stationary vendors must have permission to use a restroom located within 200 feet if staying in one location for an hour or more.
f. Roaming vendors may stop only when conducting a sale; after finishing a sale must move at least 200 feet before stopping again; must not return to the same location for at least 6 hours.
g. Limits on size and type of signage (no flashing/blinking lights) h. May not provide dining area, furniture, or cover for customers i. Cart or other conveyance may not be motorized (including electric) j. Must adhere to City’s polysterene ban
k. Other specific standards as determined by health, safety, and welfare concerns identified in consultation with City departments and Rancho Adobe Fire District.
4. Although State law does allow cities to require that sidewalk vendors obtain a sidewalk vending permit, this may require a level of additional administration that strains current staffing levels in Cotati. Adopting specific location and operating standards as described above, and pursuing enforcement against those vendors that do not comply to the standards, may be more efficient.
Microenterprise Home Kitchen Operations (MEHKOs)
MEHKOs are another business type that is allowed by State law with limited local jurisdiction authority to regulate. In early 2025, the County of Sonoma adopted an ordinance, utilizing State law, that requires every jurisdiction in the County allow MEHKOs in any residential use. Almost all review and enforcement authority over MEHKOs is held by Sonoma County Environmental Health. Local land use and zoning standards may not be applied to a MEHKO, although nuisance standards may be enforced.
Sonoma County Environmental Health has convened a monthly meeting of city and County staff to discuss issues arising from MEHKOs and unpermitted food vendors as well as enforcement.
To date, extremely few MEHKOs have been established in Sonoma County in spite of the County’s ordinance, and no problems have come to light.
Although it is not necessary for the City to address MEHKOs in the land use code, it may be helpful to add them to the code to clarify their status. The City Council may consider the following:
1. Define MEHKOs in the land use code and specify that they are allowed by-right in any residential use.
2. Clarify that MEHKOs are subject to City nuisance regulations, the Sonoma County code and State law.
3. Exempt MEHKOs from the City’s home occupation standards, as these may not legally be applied.
Food Trucks
Unlike sidewalk vendors and MEHKOs, the City has full authority to regulate the operation of food trucks (although a health permit is also required from the County of Sonoma). Cotati’s land use code currently does not identify food trucks as a land use and only allows food trucks on private properties with restaurants with which the food truck is associated (as an extension of the restaurant use), or under the auspices of a special event or limited term permit. However, the potential for food trucks to create economic opportunity, augment consumer culinary choices, and enliven commercial areas indicates that it may be advantageous for Cotati to consider broadening its standards. The 2022 study “Food Truck Truth,” referenced in Attachment A, found significant community and economic benefits from food trucks.
Following are standards the Council may wish to consider for inclusion in an ordinance related to food trucks:
1. Define “food trucks” as self-contained motorized vehicles as well as trailers and wagons towed by motorized vehicles.
2. Require a City business license and County health permit.
3. Allow food trucks to operate on any property that is zoned commercial, industrial, or specific plan (Downtown, Transit-Oriented, Santero Way) a. Allow by-right (zoning clearance only) in compliance with specific operating standards
b. Require a Minor Use Permit (MUP) if property abuts a residential use, in the DSP Historic Core (HC), or for multiple trucks operating on a property simultaneously (such as a food truck park)
c. Allow a food truck(s) on a property with any other type of brick-and-mortar business
d. Consider allowing food trucks on vacant properties as well.
4. Consider allowing food trucks to provide modest outdoor dining areas a. As a permanent installation, possibly with a MUP
b. Alternatively, require removal nightly
5. Specific operating standards could include the following:
a. Maintain clean and litter-free conditions
b. Provide trash cans for customers
c. No nuisance noise or smells
d. Comply with polysterene ban
e. Remove truck and all equipment at end of each day (option to allow exceptions with a MUP)
f. Signage limits
g. Prevent spills, rinse water, etc. from getting into storm drains or public ROW h. Maintain minimum parking for primary use on site
i. Do not block access to primary use or emergency access to property j. Operate only between 7:00am and 11:00pm (consistent with typical commercial hours limit in city).
k. Other specific standards as determined by health, safety, and welfare concerns identified in consultation with City departments and Rancho Adobe Fire District.
6. Food trucks are currently not allowed to operate on public streets (ie, from the curb); staff doesn’t recommend that this be changed at this time.
Parklets and Outdoor Dining
The City introduced a process and guidelines for parklets associated with restaurants in 2023, following the removal of Covid-era tent parklets. Parklets guidelines are not part of the City code but rather have been developed with input from multiple City departments and are updated as needed from time to time. The City’s land use code has very little detail regarding outdoor dining standards, and consequently, outdoor dining guidelines have been developed and paired with the parklets guidelines.
Restaurant business interest in parklets has been minimal so far. One parklet has been installed, at the Flagship Taproom, but is not currently in use as Flagship closed some months ago. It is possible that the cost of installing a permanent, or “developed parklet,” which requires railings, raised decking where a curb is present, and traffic barriers as well as a building permit, is prohibitive. For this reason, staff have been willing to consider “temporary parklets” which are in place for one day only and involve minimal infrastructure. To date, one business—Sal’s Pizzeria—has taken advantage of this option. This option has not been promoted, however, and it is possible that more businesses may be interested.
Staff would like feedback from the Council on potential expansion of the temporary parklet concept in the following ways:
1. Allow food trucks to occupy temporary parklets, by invitation of an adjacent “host” business and with City approval
2. Allow small food carts and other small-scale food operations to occupy temporary parklets. Again, this would be by invitation of an adjacent “host” business and with City approval, and a County health permit would be required.
3. Allow any type of business to host a temporary parklet, rather than limiting this option to food- and beverage-serving businesses. (Any business serving alcohol would be required to also serve food to the parklet, and to have Alcoholic Beverage Control (ABC) approval.)
4. Set limits for operation to minimize potential impacts:
a. Total number of days per year—40 for example
b. Maximum number of consecutive days of operation—3 would allow for weekend operation
c. Minimum number of days between operation—4, for example
5. City approval and general adherence with permanent parklets standards, modified for temporary nature of the parklet, would be required.
Outdoor Dining When Property Abuts a Residential Use
The City’s land use code allows outdoor dining by-right for permitted restaurants and other foodand beverage-serving businesses. The exception to this is when the subject dining area is on a private property abutting a residential use in the Downtown Commercial (CD), Downtown Specific Plan (DSP), (TOC), and (SW). In these zones, a Minor Use Permit (MUP) is required, to allow for notification of occupants and owners of nearby properties, public input, and additional staff review of the proposal.
Note that this requirement applies only to private property. Outdoor dining on public property requires a license agreement and goes through a different staff-level review process than a land use approval such as a MUP.
Staff wishes to confirm the Council’s commitment to applying the MUP requirement in these zoning districts, for dining areas abutting residential properties and/or uses. The expense, time, and uncertainty involved in obtaining a MUP may be a deterrent to restaurants considering installing outdoor dining in these mixed-use zones. For this reason, it may be worth additional consideration. Any proposed changes could be included in a potential ordinance addressing sidewalk vendors, MEHKOs, and/or food trucks.
Other Potential Code Updates
Staff have identified several inconsistencies in the land use code that impact food-related uses and activities. The Council may wish to address these in an upcoming code amendment ordinance.
1. Chicken-keeping: Current code language states that chicken-keeping must be accessory to a residential use and is allowed in any residential or commercial zoning district.
However, as residential uses occur in zoning districts that are categorized as “mixed use” and “specific plan,” it may be useful to clarify that chicken-keeping is permitted in residential uses in any zoning district where residential may occur. Existing standards for chicken-keeping are intended to minimize impacts on adjacent uses.
2. Market gardens and garden stands:
a. Similar to chicken-keeping, the market garden and garden stand land uses may only occur accessory to a residential use according to the code, and standards are in place to minimize impacts. However, the land use tables in the code only list market gardens and garden stands as allowed (by-right) in the residential zoning districts, while residential uses are permitted in commercial or mixed use zones.
Therefore, it may be beneficial to extend the market garden and garden stand uses to those districts as well.
b. Market gardens and garden stands are not currently addressed in the land use code’s home occupation standards. However, as these activities are allowed accessory to a residential use, it would be useful to include them in the home occupation standards. This would also include allowing these uses to occur outside of the dwelling unit.
3. Community gardens: Community gardens are currently allowed only in residential zoning districts. Given that community gardens are generally most successful when located near multifamily residential, which is allowed in the city’s commercial and mixed use zoning districts, it may be help to allow them in these zones as well. Existing standards for community gardens to minimize impacts on adjacent uses would be extended to all zones.
4. Home occupations: Current code language requires that home occupations occupy only the ground floor of the dwelling. It may be practical to remove this restriction so that a home occupation may occur anywhere in the dwelling. The standard sets forth a limit of 25% of the dwelling’s floor area for a home occupation, which could still apply.
Financial Considerations
Other than the staff time required to prepare this report and potentially to prepare a draft ordinance for Planning Commission and City Council consideration, there are no financial impacts to the City related to this item.
Environmental Issues
This agenda item is not a project and, pursuant to Section 15168 of the CEQA Guidelines, as such no further environmental review is required.