Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: FOOD AND MOBILE BUSINESS ORDINANCE
Date: April 14, 2026
Written by: Autumn Buss, Associate Planner
Recommendation
It is recommended that the City Council hold a public hearing and introduce an ordinance amending Cotati Municipal Code Title 17 (Land Use) and Chapter 9.36 (Conduct in Parks, Plazas, Streets, Sidewalks, and Other Places) to establish standards for food and mobile businesses.
Background
Recent changes in State law have expanded the food-based business opportunities allowed “byright” throughout the state. These changes include the creation of Microenterprise Home Kitchen Operations (MEHKOs), which essentially function as home-based restaurants. Additional allowances have been made to significantly increase the protections for stationary and roaming sidewalk vending of food and merchandise. In addition, the prevalence of public interest in food trucks, mobile food vendors, outdoor dining, and other food-related business activities has increased over the past decade or more. Adopting updated standards and policies can help the City to manage food, mobile, and outdoor businesses more advantageously in terms of economic development, management of impacts, efficient approvals, and effective enforcement.
The Planning Commission held a public workshop on these topics on January 20, 2026, and provided feedback to staff. The City Council also held a workshop on January 27, 2026, and provided feedback and direction to staff regarding development of a draft ordinance to amend the City’s Municipal Code. The staff reports for these workshops include additional background on these topics.
The Planning Commission held a public hearing on the draft ordinance on March 13, 2026, and recommended that the City Council adopt the ordinance.
Analysis/Discussion
The draft ordinance seeks to create and update regulation of a wide variety of businesses including sidewalk vendors; food trucks and food carts at events, in parklets, on private property, and in the industrial area of the city; outdoor dining; MEHKOs; chicken keeping; market gardens and community gardens; and home occupations, as allowed under state law. Guidelines for temporary parklets, which are not part of the draft ordinance, are also discussed in this report.
Since Cotati has relatively few of these types of businesses and activities at this time, the draft ordinance attempts to prepare the City for a number of potential situations that staff believes may arise at some time in the near future. In addition, the ordinance addresses activities on both public and private property, as well as activities that are authorized and protected by State law and those that the City has fuller authority to regulate. For these reasons, the draft ordinance is wide-ranging and features different layers of standards.
A redline version of the code amendments proposed by the draft ordinance is included as Attachment A to this report.
Sidewalk Vending
Sidewalk vending of food and merchandise is broadly permitted and protected by State law, with limited opportunity for local regulation. In accordance with State law, the draft ordinance defines “sidewalk vending” as using nonmotorized conveyances and conducting sales of food and/or merchandise on public sidewalks or public pedestrian paths, including sidewalks and paths in parks. Sidewalk vending does not require permission from adjacent property owners.
The draft ordinance includes standards, within the limits of State law, intended to reduce the potential impacts of sidewalk vending, including the following:
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 Protection District.
3. Operating standards:
a. Hours of operation:
i. Residential zoning districts 8:00am to 7:00pm.
ii. Other districts 7:00am to 11:00 pm.
iii. Parks: During open hours only.
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 sales and when a queue is formed; after finishing sales must move at least 200 feet before stopping again. 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.
The changes in State law are intended to prevent criminalization of sidewalk vending. Therefore, the enforcement remedies available to the City, and included in the draft ordinance, are as follows:
1. Violation of the City’s standards may result in administrative fines not exceeding $100 (first violation), $200 (second violation), and $500 (per additional violation) in one year, as allowed by State law. No additional fines or fees are allowed.
2. No violation of the City’s code or failure to pay administrative fines may be punishable as an infraction or misdemeanor.
3. Fined vendors may request an ability-to-pay determination which may result in fine reduction to 20% of amount.
State law also allows jurisdictions to adopt impoundment standards for repeat violations of the code. However, staff has determined that at this time impoundment would present a greater logistical challenge than would be justified. In addition, although the State law allows jurisdictions to implement a sidewalk vending permit program, this may require a level of additional administration that strains current staffing levels in Cotati. Adopting specific location and operating standards as proposed in the ordinance, and pursuing enforcement against those vendors that do not comply to the standards, is likely to be more efficient.
Food Trucks and Food Carts
Unlike sidewalk vending as discussed above, the City has authority to regulate the operation of food trucks, as well as food carts that are not public sidewalk vendors. Food trucks and carts have the potential to create economic opportunities and increase consumer dining options.
Standards proposed in the draft ordinance would help manage potential negative impacts that might arise from food truck and cart activity in the city. For the purposes of the ordinance, a “food cart” includes not only carts, trailers, and wagons, but also stands, tables, and other mobile or portable assemblies for food preparation and service.
The draft ordinance includes standards to address the following situations:
1. Food truck and food cart general operating standards for a range of situations including special events and temporary parklets on public parking. Public sidewalk vendors as defined by the Code are not included in this section of the draft ordinance.
2. Operation of food trucks and carts on private property in commercial zoning districts.
3. Food trucks operating in the Commercial Industrial (CI) zoning district on an intermittent, short-term basis on private property and in the public right-of-way.
Specific standards proposed in the ordinance include the following:
1. All food trucks and food carts, regardless of setting or location:
a. City business license and County health permit required. b. Operational standards to maintain health and safety including clean and litter-free conditions, noise control, keeping spills out of storm drains, access to restrooms with handwashing facilities, etc.
c. Self-contained operation.
d. Signage limits, including no flashing signs permitted. e. Public circulation infrastructure, including sidewalks and travel lanes, shall not be blocked or impeded.
2. Food trucks and food carts on private property:
a. Allows food trucks and carts to operate on any property that is zoned commercial, mixed use, industrial, or specific plan (Downtown, Transit-Oriented, Santero Way), as follows:
i. By-right (zoning clearance only), in compliance with specific operating standards.
ii. Minor Use Permit (MUP) required in the following cases:
1. In the CD or the specific plan zoning districts, if the food truck or cart site is within 100 feet of a dwelling on a different, residentially-owned property;
2. In the DSP Historic Core (HC) zone; or
3. For multiple trucks and/or carts operating simultaneously on a single property.
iii. The primary use on the property may be any business type, or the property may be vacant.
b. Setbacks:
i. Food trucks must comply with setbacks per property zoning if location abuts a residential use.
ii. Food carts may be in front and street side setbacks, and in rear and interior side setbacks if abutting non-residential uses.
c. Parking:
i. Placement of truck or cart must maintain required parking for primary use. ii. Customers must have access to 2 private or public spaces adjacent to location (may be shared with primary use).
d. Operating hours may be between 7:00am and the later of 1) 11:00pm, or 2) the closing time of any other business on the property (including set-up and takedown time). This closing time flexibility is intended to allow alcohol-serving businesses without kitchens to arrange for food service for their patrons. e. Food carts may occupy a maximum area of 100 square feet. f. Food trucks and carts may provide an outdoor dining area for customers, of a maximum area of 100 square feet. (Exceptions may be approved with a MUP). g. Truck, cart, and all equipment must be removed nightly. (The exception is trucks that use on-site restaurant as commissary, or with MUP and Health Department approval.)
h. No blocking emergency access; ADA/accessibility must be maintained. i. Amplified music is prohibited, unless with a limited term, special event, use, or other City permit.
3. Food trucks operating in the Commercial Industrial (CI) zoning district:
a. Intended to allow for short-term intermittent operation with standards reduced from those typically required for private property operation as described above. b. Operating hours may be between 7:00am and 6:00pm.
c. No outdoor dining permitted.
d. On private properties:
i. Property owner permission required.
ii. Maximum two hours on a property.
e. In the public right-of-way:
i. Operation from approved parking spaces only.
ii. Streets with speed limit 35mph or higher prohibited. iii. All customer access and sales must be from sidewalk/non-roadway side of truck.
iv. Must relocate at least 500 feet away after two hours of operation in one location.
v. No blocking sidewalks, driveways, emergency access, etc. vi. No encroachment onto private property without owner permission.
It should be noted that food truck operation on public streets in other zoning districts is not proposed at this time.
Parklets
Parklets guidelines are not included in the Land Use Code but rather are staff-implemented policies developed with input from City departments and updated as needed. Parklet guidelines address both “developed” parklets (those that involve a semi-permanent installation that occupies parking spaces for an indefinite time period) and “temporary” parklets (those that are in place for short and/or intermittent periods and involve minimal physical installations).
Although parklets are not addressed by the ordinance, staff wishes to obtain City Council concurrence with updated guidelines relating to temporary parklets as follows:
1. Allow food trucks and food carts to occupy temporary parklets on public parking, by invitation of an adjacent host business and with City approval and a Sonoma County health permit. (Note that food truck or food cart operation on private parking would be addressed by the ordinance standards for operation on private property as discussed above.)
2. Allow any type of business to host a temporary parklet.
3. Operating hours may be the same as host business.
4. Set operating limits for temporary parklets to minimize potential impacts:
a. Maximum number of days per year: 40
b. Maximum number of consecutive days of operation: 3
c. Minimum number of days between operation: 4
5. A temporary parklet must be fully dismantled and removed daily at the end of the host business’ operation.
6. Temporary parklets must be spaced at least 100 feet from other temporary parklet (while in operation).
The Parklets and Outdoor Dining Guidelines document, which addresses temporary parklets in Section E, is included as Attachment B.
Outdoor Dining
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), Transit-Oriented Communities (TOC), and Santero Way (SW) zoning districts, in which case a Minor Use Permit (MUP) is required. This provision does not take property size or specific placement of the proposed outdoor dining relative to nearby residential into account, however. Nor does it account for mixed-use developments which may include both residential and commercial uses, or the underlying zoning of a nearby property occupied with residential uses.
The draft ordinance would refine and clarify the situations where an MUP is required, in order to reduce confusion and barriers to outdoor dining. An MUP would be required in the CD, DSP, TOC, and SW zoning districts when:
1. The proposed outdoor dining location is within 100 feet of a dwelling; and
2. That dwelling unit is located on a different property from the proposed outdoor dining; and
3. That property is residentially-zoned (RR, RVL, NL, NM, or NU).
This standard would also be applied to food trucks and food carts on private properties in the CD, DSP, TOC, and SW zoning districts.
Outdoor dining on public property, such as sidewalks, is approved via a license agreement rather than a MUP process. The notification of adjacent residents and limitations to reduce potential impacts on them (which is the role of the MUP), can be included in the license agreement process as well.
It should be noted that any restaurant or food-serving business wishing to feature amplified music or entertainment, either indoor or outdoor, would be required to obtain permission through a limited term, use, or other City permit.
Microenterprise Home Kitchen Operations (MEHKOs)
The County of Sonoma passed an ordinance, effective January 2025, that requires that all jurisdictions in the county allow MEHKOs in accordance with state law, under which the City has extremely limited latitude for regulation. However, addressing MEHKOs as a land use in the Code is appropriate in order to provide a framework for enforcement of State, County and local standards to the extent possible.
The draft ordinance would:
1. Define MEHKOs in the land use code and specify that they are allowed by-right in any residential use.
2. Require that MEHKOs have a current City of Cotati Business License and permit from Sonoma County Environmental Health.
3. Clarify that MEHKOs are subject to City performance standards related to nuisances (such as odors, noise, etc.), the Sonoma County code, and State law.
4. Exempt MEHKOs from the City’s home occupation standards, as these may not legally be applied.
Chickens
Current code language states that chicken-keeping may occur accessory to a residential use and is allowed in any residential or commercial zoning district. However, as residential uses also exist in Cotati in zoning districts that are categorized as “mixed use” and “specific plan,” the draft ordinance would stipulate that chicken-keeping is permitted in residential uses in any zoning district. Existing standards for chicken-keeping are designed to minimize impacts on adjacent uses.
Market Gardens, Garden Stands, and Community Gardens
Similar to chicken-keeping, the market garden and garden stand land uses are allowed by the code accessory to a residential use, and standards are in place to minimize impacts. However, the land use tables in the code restrict market gardens and garden stands to the residential-only zoning districts, even though residential uses are permitted in commercial and mixed use zones.
Therefore, the draft ordinance proposes to allow market gardens and garden stands accessory to any residential use regardless of zoning.
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, the ordinance would allow community gardens in all zoning districts with the exception of industrial.
Home Occupations
Currently the land use code requires that home occupation activities be confined to one room in the dwelling, which shall not occupy more than 25% of the ground floor. Given technological advances and the rise of remote work, confining home occupation to a single room and to the ground floor is no longer practical.
The draft ordinance would remove these restrictions, while maintaining the requirement that a home occupation not occupy more than 25% of the dwelling’s total floor area. The code does currently allow home occupation to take place inside a permitted enclosed accessory dwelling, a standard that is proposed to be retained.
Finally, it is proposed that the home occupation code section be amended to include market gardens and gardens stands, which are allowed accessory to residential uses, as approved home occupations. The ordinance would further allow these occupations to take place outdoors including in the front setback. Specific use standards elsewhere in the code set forth requirements for market gardens and gardens stands to minimize impacts to neighboring uses.
Planning Commission Recommendation
The Planning Commission held a public hearing on the proposed ordinance on March 16, 2026, and passed a resolution recommending that the City Council adopt the ordinance with several amendments, which have been included in the draft that is before the Council, as follows:
1. Extend the length of time that a food truck may operate for intermittent, short-term use in a single location in the CI zone, either private property or public parking spaces, from one hour to two hours.
2. Extend the allowable operating hours for food trucks and food carts to operate on private property to the later of 11:00pm or the closing time of any other business on the property.
3. Strengthen language prohibiting dumping of wastewater or any other fluids into or near storm drains.
4. Clarify that use of amplified music by food trucks or food carts may occur only with a limited term or other City permit.
Financial Considerations
With the exception of the staff time to prepare this report, there will be no financial impact to the City from the adoption of this ordinance.
Environmental Issues
The proposed ordinance to establish standards for food and mobile businesses is exempt from the California Environmental Quality Act as it is consistent with the program Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update that was certified on March 24, 2015 (Resolution Number 2015-11), as well as consistent with and implements the City’s adopted General Plan. In addition, no new environmental impacts peculiar to the project site(s) have been realized or identified. Therefore, no additional environmental analysis is required under CEQA Section 15183, and pursuant to Section 15168 of the CEQA Guidelines, no further environmental review is required.