Cotati City Council
April 28, 2026

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI 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
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, one of the purposes of Title 17 of the Cotati Municipal Code is to ensure that the General Plan may be implemented, and adoption of changes to the Cotati Land Use Code are necessary to implement the General Plan with regard to its goals; 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, the Legislature of the State of California has in Government Code Sections 51038 and 51039 conferred upon local governments the authority to adopt certain regulations pertaining to the time, place, and manner of sidewalk vending that are designed to promote the public health, safety, and general welfare of its citizenry; are necessary to the public’s use and enjoyment of natural resources and recreational opportunities in public parks; and are necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of public parks, and to cite, fine, and prosecute sidewalk vendors for violation of such regulations; and
WHEREAS, the City Council finds that adopting regulations pertaining to the time, place, and manner of sidewalk vending are necessary to promote the public health, safety, and general welfare of its citizenry; to the public’s use and enjoyment of natural resources and recreational opportunities in public parks; and to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of public parks; and WHEREAS, in accordance with California Health and Safety Code Section 114367, the County of Sonoma adopted by ordinance Sonoma County Code Section 14-3-070, which authorizes Microenterprise Home Kitchen Operations (MEHKOs) in all jurisdictions within Sonoma County; and
WHEREAS, food and mobile businesses such as food trucks, food carts, and MEHKOs, as well as outdoor dining, home occupations, and urban agriculture present significant economic development and community enrichment opportunities for Cotati; and WHEREAS, on January 20, 2026, the Planning Commission of the City of Cotati held a public workshop to discuss standards for a potential ordinance to regulate food and mobile businesses, heard public comment on this topic, and provided feedback to staff regarding development of such ordinance; and
WHEREAS, on January 27, 2026, the City Council of the City of Cotati held a public workshop to standards for a potential ordinance to regulate food and mobile businesses, heard public comment on this topic, and provided feedback to staff regarding development of such ordinance; and
WHEREAS, on March 16, 2026, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed 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. 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, on April 14, 2026, the City Council of the City of Cotati held a duly noticed public hearing on the proposed 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, 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, and 3) all staff reports, City files and records, and other documents prepared for and/or submitted to the City Council related to adoption of the 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.

SECTION 3: General Plan Consistency
The Council of the City of Cotati does hereby find that the amendments to 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, 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, to promote community health and welfare, foster economic development, and use land appropriately.

Specifically, these amendments are consistent with and implement the following General Plan policies and programs:

Policy CHW 3.3: Recognize that urban agriculture has the potential to supplement the availability of fresh fruit and vegetables in the community, provide economic opportunities to Cotati residents, lower food costs, reduce overall energy consumption, and build social cohesion.

Goal EV1: Establish and maintain a healthy local economy that includes a diversity of commercial and industrial enterprises which provide goods, services, and employment opportunities to residents consistent with Cotati’s small-town image.

Policy EV 1.1: Attract and retain economic sectors in which Cotati has competitive advantages, and capitalize on these strengths in order to diversify local economic activities.

Policy EV 1.11: Encourage commercial uses that provide everyday goods and services for residents.

Policy EV 1.12: Encourage the growth of new commercial enterprises within appropriately zoned area while maintaining the stability of the existing commercial businesses.

Policy LU 2.9: Encourage a concentration of neighborhood, community, and retail amenities and services within walking distance of residential areas.

Policy LU 2.12: Continue to permit home occupations in residential areas, provided they do not alter the residential character of the neighborhood.

Goal LU 3: Provide for a range of commercial, industrial, and mixed use to provide Cotati’s residents access to jobs and employment and to support the local economy.

Policy LU 3.1: Encourage a vibrant mix of retail, service, and office uses in the downtown area and along E. Cotati Avenue.

Policy LU 3.10: Ensure that all commercial and other nonresidential development is compatible with adjacent land uses, particularly residential uses.

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 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 is exempt from the California Environmental Quality Act as the proposed ordinance 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); that this ordinance is consistent with and implements the City’s adopted General Plan; and that 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.

SECTION 5: Amendment to the Cotati Municipal Code. Section 9.36.040 Commercial Activity is amended as follows:

9.36.040 Commercial activity
No person shall sell or offer for sale any merchandise, article or thing whatsoever in any park without the prior written consent of the city, with the exception of sidewalk vendors where allowed by Chapter 17.22 (Allowable Land Uses) of this title and consistent with Section

17.42.260 of this title.

SECTION 6: Amendment to the Cotati Municipal Code. Section 17.22.020 Allowable land uses and planning permit requirements is amended as follows:

17.22.020 Allowable land uses and planning permit requirements.

A. Allowable Land Uses. The land uses allowed by this land use code in each zoning district are listed in Tables 2-2, 2-3, and 2-4 of this chapter, together with the type of planning permit required for each use. Each land use listed in Tables 2-2, 2-3, and 2-4 is defined in Article 9 (Glossary).

1. Establishment of an Allowable Use.
a. Any one or more land uses identified by Tables 2-2, 2-3, or 2-4 as being allowable within a specific zoning district may be established on any parcel within that zoning district, subject to the planning permit requirement listed in the tables, and in compliance with all applicable requirements of this land use code.
b. Where a single parcel is proposed for development with two or more of the land uses listed in the tables at the same time, the overall project shall be subject to the highest permit level required by the tables for any individual use. For example, a new multi-use building proposed with a permitted use on the second floor and a use requiring use permit approval on the ground floor would require use permit approval for the entire project.

2. Use Not Listed.
a. A land use that is not listed in Tables 2-2, 2-3, or 2-4 is not allowed within the city, except as otherwise provided in subsection (A)(3) of this section, or Section 17.22.030 (Exemptions from planning permit requirements) of this chapter.
b. A land use that is not listed in the tables within a particular zoning district is not allowed within that zoning district, except as otherwise provided in subsection (A)(3) of this section, or Section 17.22.030 (Exemptions from planning permit requirements) of this chapter.

3. Similar and Compatible Use May Be Allowed. The director may determine that a proposed use not listed in this chapter is allowable as follows:
a. Required Findings. The director may determine that a proposed use is similar to and compatible with a listed use and may be allowed, only after first making all of the following findings:
i. The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve greater impacts than the uses listed in the district; ii. The use will be consistent with the purposes of the applicable zoning district; iii. The use will be consistent with the general plan and any applicable specific plan; iv. The use will be compatible with the other uses allowed in the district; and v. The use is not listed as allowable in another zoning district.

A determination that a use qualifies as a "similar use" and the findings supporting the determination shall be in writing.
b. Applicable Standards and Permit Requirements. When the director determines that a proposed but unlisted use is similar to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this land use code apply. c. Appeal. A determination of similar and compatible use may be appealed in compliance with Chapter 17.84 (Appeals) of this title.

B. Permit Requirements. Tables 2-2, 2-3, and 2-4 provide for land uses that are:

1. Permitted subject to compliance with all applicable provisions of this land use code, subject to first obtaining a zoning clearance (Section 17.62.020). These are shown as "P" uses in the tables;

2. Allowed subject to the approval of a minor use permit (Section 17.62.050), and shown as "MUP" uses in the tables;

3. Allowed subject to the approval of a use permit (Section 17.62.050), and shown as "UP" uses in the tables;

4. Allowed subject to the type of city approval required by a specific provision of Chapter 17.42 (Standards for Specific Land Uses) of this title, and shown as "S" uses in the tables; and

5. Not allowed in particular zoning districts, and shown as a " – " in the tables.

C. Additional City Approval Requirements. Any land use identified as allowable by Table 2-2, 2-3, or 2-4[1] may require design review (Section 17.62.040), a hillside development permit (Section 17.53.070), and/or a building permit in compliance with the municipal code, in addition to the required planning permit.

D. Standards for Specific Land Uses. Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this land use code may also apply.

Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted use, zoning clearance required
MUP Minor use permit required
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Land Use(1) Permit Required by District Specific Use
Regulations OSC OSR RR RVL NL NM NU
Agricultural and Open Space Uses
Agricultural accessory structure UP UP P P – – – 17.42.020 Animal keeping S S S S S S S 17.42.040
Crop production, horticulture,
orchard, vineyard(6)
– UP UP UP – – – 17.42.240
Market garden – – P P P P P 17.42.230,

17.42.240
Plant nursery – UP UP – – – –
Winery, small scale – – UP(2) – – – –
Industry, manufacturing and
processing, wholesaling
– – – – – – –
Artisan/craft product
manufacturing
– UP UP(3) – – – –
Recreation, Education and Public Assembly Uses
Community garden(6) – UP P P P P P 17.42.220,

17.42.240
Equestrian facility – UP UP – – – –
Meeting facility, public or private – UP – – UP UP UP
Park UP P P P P P P
Playground – P P P P P P
Private residential recreation
facility
– – – UP UP UP UP
School – Elementary, middle,
secondary
– – – UP UP UP –
Residential Uses
Accessory dwelling unit – – P P P P P 17.42.170
Caretaker quarters UP UP – – – – –
Cottage housing – – – – S S S 17.42.125
Home occupation – – P P P P P 17.42.080
Junior accessory dwelling unit – – P P P – – 17.42.170
Low barrier navigation center – – – – – – –
Microenterprise Home Kitchen
Operation (MEHKO)
– – P P P P P 17.42.270
P Permitted use, zoning clearance required
MUP Minor use permit required
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Land Use(1) Permit Required by District Specific Use
Regulations OSC OSR RR RVL NL NM NU
Mobilehome park – – UP UP UP UP UP 17.42.110
Mobile/manufactured home – – P P P P P 17.42.110
Multifamily plex housing, 2 units – – – – P P UP(4) 17.39.040 Multifamily plex housing, 3 to 9
units
– – – – P P P 17.39.040
Multifamily housing, 10 or more
units
– – – – – P P 17.39.030
Organizational house (sorority,
monastery, etc.)
– – – – – – UP
Residential accessory use or
structure
– – P P P P P 17.42.160
Residential care facility for the
elderly (RCFE)
– – UP UP UP UP UP
Residential care, 11 or more
clients
– – UP UP UP UP UP
Residential care, 6 or fewer
clients, in a single-family
dwelling
– – P P P P P
Residential care, 7 to 10 clients – – UP UP UP UP UP
Residential component of a mixed
use project
– – – – P P P 17.39.030,

17.39.040,

17.42.100
Rooming or boarding house – – – – – – UP
Single-family dwelling – – P P P UP(4) UP(4) 17.39.050
Supportive housing – – – – – P P
Retail Trade
Accessory retail and services – – – – UP UP UP
Convenience store, 1,200 sq. ft. or
less
– – – – UP UP UP
Farmers Market(6) – UP – – – – –
Garden Stand – – P P P P P 17.42.130,

17.42.230
P Permitted use, zoning clearance required
MUP Minor use permit required
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Land Use(1) Permit Required by District Specific Use
Regulations OSC OSR RR RVL NL NM NU
Produce stand(6) – UP UP UP – – – 17.42.130
Sidewalk vending(8) P P P P P P P 17.42.260
Services – Business and Professional
Medical services – Extended care – – – – – UP UP
Office – Accessory – P P P P P P
Services – – – – – – –
Adult day care – 6 or fewer clients – – P P P P P
Adult day care – 7 to 14 clients – – UP UP UP UP UP
Adult day care – 15 or more
clients
– – UP UP UP UP UP
Child day care – Small family day
care home
– UP P P P P P
Child day care – Large family day
care home
– – P P P – – 17.42.060
Child day care – Day care center – UP – – – UP UP 17.42.060 Kennel, animal boarding – – UP – – – –
Lodging – Bed and breakfast inn
(B&B)
– – UP UP – – – 17.42.050
Personal services – 1,000 sq. ft. or
less
– – – – – UP UP
Public safety facilities – – UP UP UP UP UP
Transportation, Communications and Infrastructure
Electric vehicle charging station(5) P P P P P P P 14.38 Solar collector S S S S S S S 17.30.084
Telecommunications facility(7) – S – – – – – 17.44;

17.44.065
Windmills – – UP – – – – 17.42.190
Key to Zoning District Symbols
OSC Open Space –
Conservation
NL Neighborhood – Low
Density
OSR Open Space – Recreation NM Neighborhood – Medium
Density
Key to Zoning District Symbols
RR Rural Residential NU Neighborhood – Urban
RVL Residential, Very Low
Density
Notes:
(1) See Article 9 of this title for land use definitions. (2) May be approved only in conjunction with an on-site vineyard of three acres or larger. (3) May be approved only on a site of three acres or larger. (4) Use permit approval shall require that the review authority first find that the location of a proposed single-family dwelling or two-unit multifamily plex development (duplex) on a parcel will not preclude future subdivision and/or development in compliance with the general plan and this chapter.
(5) Permitted as an accessory use.
(6) Fees for crop production, horticulture, orchard, vineyard; community garden; farmers market; and produce stand planning permit applications shall be calculated at fifty percent of the fees set forth in the fee schedule as described in Section 17.60.060, Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of public hearing for these uses shall be mailed to property owners within a radius from the subject site of six hundred feet, or greater at the director’s discretion.
(7) Telecommunications facilities are subject to the limited waiver provision and other regulations described in Chapter 17.44.
(8) Stationary sidewalk vending is not permitted in residential zoning districts.

Table 2-3
Allowed Land Uses and Permit Requirements for Commercial, Mixed Use, and Industrial 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

CE CG CD CI PF
Agricultural and Open Space Uses
Animal keeping S S S S – 17.42.040
Market Garden P P P – – 17.42.230,

17.42.240
Industry, Manufacturing and
Processing, Wholesaling
Agricultural product processing – – – P –
Artisan/craft product
manufacturing(5)
MUP MUP MUP P –
Brewery – Brew pub MUP MUP MUP MUP –
Brewery – Production – – – MUP –
Construction contractor – – – UP –
Food and beverage product
manufacturing
– – – MUP MUP
Furniture and fixtures manufacturing,
cabinet shop
– – – P –
Industrial research and development – MUP – P –
Laboratory – Medical, analytical,
research and development
P P – P –
Laundry, dry cleaning plant – – – UP –
Manufacturing/processing – Light – – – P –
Manufacturing/processing – Medium
intensity
– – – MUP –
Manufacturing/processing – Heavy – – – UP –
Media production P P – P –
Printing and publishing UP UP – P –
Recycling – Reverse vending
machine
MUP MUP – – –
Recycling – Small collection facility UP UP – P – 17.42.150 Recycling – Medium collection
facility
– – – UP – 17.42.150
Storage – Outdoor – – – UP – 17.42.140
Storage – Personal storage facility
(mini-storage)
– – – – –
Storage – Warehouse, indoor storage – – – UP –
Wholesaling and distribution – – – UP –
Winery – Boutique – UP – MUP –
Winery – Production – – – MUP –
Recreation, Education and Public Assembly Uses
Adult-oriented business – – – S – 17.40
Commercial recreation facility –
Indoor – 5,000 sq. ft. or less
UP P – P –
Commercial recreation facility –
Indoor – More than 5,000 sq. ft.

UP MUP – UP –
Commercial recreation facility –
Outdoor
– – – UP –
Community garden(8) P P P – UP 17.42.220,

17.42.240
Conference/convention facility –
5,000 sq. ft. or less
UP MUP UP(2) MUP UP
Conference/convention facility –
More than 5,000 sq. ft.

UP UP UP(2) UP UP
Health/fitness facility UP P UP(2) P –
Library, museum P P MUP P P
Meeting facility, public or private –
5,000 sq. ft. or less
UP MUP MUP(2) MUP MUP
Meeting facility, public or private –
More than 5,000 sq. ft.

UP UP UP(2) UP UP
Park P P P – P
School – Elementary, middle,
secondary
UP(2) UP(2) – – UP
School – Specialized
education/training
UP(2) UP(2) UP(2) UP UP
Sports and entertainment assembly – – – UP UP
Studio – Art, dance, martial arts,
music, etc.

P P MUP(2) P –
Theater UP MUP MUP MUP UP
Residential Uses
Accessory dwelling unit P P P – – 17.42.170
Emergency/transitional shelter – – S – S 17.42.072
Home occupation P P P – – 17.42.080
Live/work unit UP UP P UP – 17.42.090
Low barrier navigation center P P – – –
Microenterprise Home Kitchen
Operation (MEHKO)(9)
P P P P – 17.42.270
Residential care facility for the
elderly (RCFE)
UP MUP – – UP
Residential care facility, 7 or more
clients
UP – – – UP
Residential component of a mixed
use project
P P P – – 17.39.030,

17.39.040,

17.42.100
Supportive housing P P – – –
Retail Trade(3)
Accessory retail or services P P P P P
Alcoholic beverage sales –
Associated with a restaurant(4)
P P P P – 17.42.030
Alcoholic beverage sales UP UP UP – – 17.42.030
Antique or collectible store MUP P MUP – –
Artisan shop P P P P –
Auto and vehicle sales and rental – UP – MUP –
Auto parts sales with no installation
services
– P – P –
Bar, tavern UP UP UP – –
Building and landscape materials
sales – Indoor
– P – P –
Building and landscape materials
sales – Outdoor
– UP – MUP – 17.42.130
Construction and heavy equipment
sales and rental
– – – MUP – 17.42.130
Convenience store UP UP – UP –
Drive-through retail – UP – UP – 17.42.070
Extended hour retail UP MUP MUP MUP –
Farm supply and feed store – P – P –
Farmers market(8) MUP MUP MUP MUP UP
Food cart(10) P/MUP P/MUP P/MUP P/MUP P/MUP 17.42.250
Food truck(10) P/MUP P/MUP P/MUP P/MUP P/MUP 17.42.250
Formula-based fast food restaurant S S S – – 17.42.071
Fuel dealer (propane for home and
farm use, etc.)
– – – UP –
Furniture, furnishings and appliance
store
P P UP P –
Garden stand P P P – – 17.42.130,

17.42.230
General retail – Less than 5,000 sq.
ft.

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

P P P P –
General retail – More than 20,000 sq.
ft.

UP P UP P –
Groceries, specialty foods – 10,000
sq. ft. or less
P P P P –
Groceries, specialty foods – More
than 10,000 sq. ft.

UP MUP UP MUP –
Mobilehome, boat, or RV sales – – – MUP –
Night club UP UP UP – –
Outdoor display and sales MUP MUP MUP MUP – 17.42.130
Plant nursery – MUP – MUP –
Restaurant – Outdoor dining on
private property(6)
P/
MUP
P/
MUP
P/
MUP
P/
MUP
– 17.42.130
Restaurant – Outdoor dining in
public right of way
P P P P 17.42.130
Restaurant, cafe, coffee shop P P P P –
Retail complex UP P UP P –
Retail display gallery – P P – – 17.90.020
Second hand store UP UP UP – –
Service station (nonfossil fuels sales) UP UP UP – – 17.42.180 Sidewalk vending P P P P P 17.42.260
Tasting room UP P P P –
Warehouse retail – MUP – UP –
Services – Business, Financial, Professional
ATM P P P P –
Bank, financial services P P UP P –
Business support service P P P(2) UP –
Medical services – Doctor office UP P(2) P(2) – –
Medical services – Clinic, urgent
care
UP – – – –
Office – Accessory P P P P P
Office – Business/service UP UP(2) P(2) P –
Office – Government MUP MUP MUP MUP MUP
Office – Processing UP(2) MUP UP(2) MUP –
Office – Professional/administrative P P P(2) P –
Services – General
Accessory retail or services P P P P P 17.42.015
Adult day care UP – – – UP
Catering service – – – P –
Child day care center MUP P MUP MUP UP
Drive-through service – UP – – – 17.42.070
Equipment rental – – – MUP – 17.42.140
Kennel, animal boarding – MUP – MUP –
Lodging – Bed and breakfast inn
(B&B)
P P MUP – –
Lodging – Boutique hotel or motel UP UP UP – –
Lodging – Hotel or motel UP UP UP – –
Maintenance service – Client site
services
– – – P –
Mortuary, funeral home UP – – – –
Personal services P P P P –
Personal services – Restricted UP(2) – – – –
Public safety facility UP UP UP UP P
Repair service – Equipment, large
appliances, etc.
– – – P –
Social service organization MUP(2) MUP(2) – MUP UP
Vehicle services – Major repair/body
work
– – – MUP –
Vehicle services – Minor
maintenance/repair
– – – MUP –
Veterinary clinic, animal hospital MUP P – P –
Transportation, Communications and Infrastructure
Ambulance, taxi, or limousine
storage
– – – UP –
Broadcasting studio – UP(2) UP(2) MUP –
Electric vehicle charging station(7) P P P P P 14.38
Parking facility, public or
commercial
UP UP UP – P
Telecommunications facility S S S S S 17.44
Transit station or terminal UP UP UP UP UP
Utility facility – – – UP UP
Vehicle storage – – – UP –
Key to Zoning District Symbols
CE East Cotati Avenue
Corridor
CI Commercial/Industrial
District
CG Gravenstein Highway
Corridor
PF Public Facility District
CD Downtown Commercial
Notes:
(1) See Article 9 for land use definitions.
(2) Use allowed only on second or upper floors, in compliance with Section 17.24.050(C), Limitation on the Location of Allowable Land Uses, or behind an allowed ground floor street frontage use. (3) See Section 17.42.165, Retail use maximum floor area. (4) When the Department of Alcoholic Beverage Control allows customers under twenty-one years of age on the premises.
(5) Artisan/craft product manufacturing uses proposed in the CE, CG, CD, HC, LP, NG, and CA districts must be located within buildings and suites designed and oriented to engage and encourage pedestrian activity and interaction with the surrounding uses. Uses in these districts must also include retail storefront presence and design characteristics, with production and manufacturing design elements (such as loading doors, material storage, etc.) oriented away from the primary entrances and street frontages of developments where they are located.
(6) MUP required for outdoor dining on private property in the CD district when the outdoor dining location is within one hundred feet of a dwelling on a different property that is zoned RR, RVL, NL, NM, or NU.
(7) Permitted as an accessory use.
(8) Fees for community garden and farmers market planning permit applications shall be calculated at fifty percent of the fees set forth in the fee schedule as described in Section 17.60.060, Application fees.

Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of public hearings shall be mailed to property owners within a radius from the subject site of six hundred feet, or greater at the director’s discretion.

Table 2-4
Allowed Land Uses and Permit Requirements for 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 Agricultural and Open Space Uses
Animal keeping S S S S S S 17.42.040
Market garden P P P P P P 17.42.230, 17.42.240
Industry, Manufacturing
and Processing, Wholesaling
Agricultural product
processing
– – – – -- –
Artisan/craft product
manufacturing(5)

MUP MUP MUP MUP MUP MUP
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*
(9) Allowed in residential occupancies only.
(10) MUP required for a food truck or food cart on private property in the CD district when the food truck or cart location is within one hundred feet of a dwelling on a different property that is zoned RR, RVL, NL, NM, or NU, or for multiple food trucks and/or carts operating simultaneously on a single property.

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 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 –
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
– – – -- – –
Community garden P P P P P P 17.42.220, 17.42.240
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
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 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 –
Microenterprise home kitchen
operation (MEHKO) (9)
P P P P P P 17.42.270
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 use project
P P P P P P 17.39.030, 17.39.040, 17.42.100
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
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 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 --
Food cart(10) P/MUP P/MUP P/MUP P/MUP P/MUP P 17.42.250 Food truck(10) P/MUP P/MUP P/MUP P/MUP P/MUP P 17.42.250 Formula-based fast food
restaurant
-- -- S S S – 17.42.071
Furniture, furnishings and
appliance store
UP MUP MUP MUP MUP –
Garden stand P P P P P P 17.42.130, 17.42.230
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
General retail – More than
20,000 sq. ft.
-- -- MUP MUP MUP –
Groceries, specialty foods – P P P P P –
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 10,000 sq. ft. or less
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
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
Sidewalk vending P P P P P P 17.42.260
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
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 – Business/service MUP P P P P –
Office – Government UP MUP MUP MUP MUP --
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 --
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 Vehicle services – Major
repair/body work
– – – -- -- –
Vehicle services – Minor
maintenance/repair
– – – UP UP –
Transportation, Communications and Infrastructure
Ambulance, taxi, or limousine
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
HC Historic Core CA Commerce Avenue
LP La Plaza TOC Transit Oriented Community
NG Northern Gateway SW Santero Way Specific Plan
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 HC, LP, NG, CA, and TOC districts when the outdoor dining location is within one hundred feet of a dwelling on a different property that is zoned RR, RVL, NL, NM, or NU.
(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.
(9) MEHKOs allowed only in residential occupancies.
(10) MUP required for food trucks or food carts on private property when the truck or cart location is within one hundred feet of a dwelling on a different property that is zoned RR, RVL, NL, NM, or NU; for multiple food trucks and/or food carts operating simultaneously on a single property; and/or in the HC zoning district.
*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 7: Amendment to the Cotati Municipal Code. Section 17.42.040 Animal keeping is amended as follows:

17.42.040 Animal keeping.

Animal keeping within the city shall comply with requirements of this section, and shall occur only where allowed by Chapter 17.22 (Allowable Land Uses), and this section. The provisions of this section are intended to assist in maintaining the city's semirural character while ensuring that animal keeping does not create adverse impacts on adjacent properties by reason of bright lights, dust, insect infestations, noise, odor, or visual blight.

A. Pre-Existing Uses. Any legally established animal keeping use that became nonconforming upon adoption of this land use code shall be permitted to continue subject to Chapter 17.82 (Nonconforming Uses, Structures, and Parcels).

B. Allowable Animal-Keeping Activities and Permit Requirements.

1. Activities and Permit Requirements. Animal keeping, including related animal husbandry, is allowed only in compliance with the limitations on use and permit requirements in Table 4-1, and the animal keeping standards in subsection C of this section. The keeping of imported animals may require approval by the U.S. Department of Agriculture Fish and Wildlife Service, U.S.

Department of Public Health, California Department of Fish and Game, and/or the California Department of Food and Agriculture, in addition to any city approval required by this section.

Table 4-1
Allowable Animal-Keeping and Permit Requirements
Type of Animal
Permit Requirement by Zoning District
OSC OSR RR RVL Other Zones (In Residential Uses Only)
Aviary (keeping of birds other than
fowl or poultry)
P P P P –
Beekeeping (for plant pollination
and/or honey production)
P P P P –
Boarding or breeding kennel – – MUP – –
Chickens P P P P P in NL district; zoning clearance letter required in NM, NU, and residential uses in all
other districts
Dogs and cats P – P P P
Fowl and poultry other than roosters
and chickens
P P P P –
Hogs and swine P P P – –
Horses and cows P P P MUP –
Roosters P UP P – –
Other small animals (defined in
Table 4-2)

P P P P P
Other large animals (defined in
Table 4-2)
P P P MUP –
Key to permit requirements:

P Permitted animal keeping, no city approval required for the animal-keeping activity; provided, that it complies with the standards in subsections C through G of this section.

MUP Minor use permit approval required in compliance with Section 17.62.050. – Type of animal or activity not allowed.

2. Minor Use Permit Review. Where Table 4-1 requires a minor use permit for keeping a specified animal type, the purpose of the discretionary review shall include evaluation of how the proposed animals will be housed and/or confined, and whether the location, size, and design of the area on the site for animal keeping will be adequate to allow compliance with the other standards of this section without unreasonable effort on the part of the animal manager. In approving a minor use permit in compliance with this section, the review authority may limit the maximum number of animals allowed on the site as appropriate to the characteristics of the site, the surrounding land uses, and the species of animals proposed.

C. Animal-Keeping Standards. All animal keeping shall comply with the standards in Table 4-2, where allowed by subsection B of this section, Table 4-1, except that more animals may be allowed by minor use permit.

Table 4-2
Animal-Keeping Standards
Type of Animal or
Facility
Maximum Number
of Animals per Site(1)
Minimum Lot
Area(2)
Minimum Setbacks(3)
From
Side/Rear
Property Lines
From Streets
and Dwellings
Aviary for birds other than
fowl and poultry
20 per acre 1/2 acre 25 ft. 50 ft.

Beekeeping N.A. 1 acre 25 ft. 50 ft.

Boarding or breeding
kennel
Requirements established by minor use permit approval, and subsection F of this section.

Chickens (hens) 20 per site No minimum
lot size
12 ft. 20 ft.

Dogs and cats 5 animals total on a
site less than 1 acre; 5
of each species on a
site of 1 acre or more.

None required None required None required
Fowl and poultry other
than roosters and chickens
12 per acre 1/2 acre 25 ft. 50 ft.

Hogs and swine 1 per acre 2 acres 50 ft. 100 ft.

Horses and cows 2 per acre 1 acre 25 ft. 50 ft.

Roosters 1 per acre 1 acre 25 ft. 50 ft.

Other small animals –
Chinchillas, rabbits,
nonpoisonous reptiles,
rodents, and other
nonpoisonous animals of
similar size.
4 animals total on a
site less than 1 acre; 4
of each species on a
site of 1 acre or more,
where allowed by
Table 4-1.

None for 4 or
fewer animals;
1 acre for 5 or
more animals.

None on a site
of less than 1
acre; 10 ft. on a
site of 1 acre or
more.

None on a site
of less than 1
acre; 25 ft. on a
site of 1 acre or
more.

Other large animals –
Emus, goats, llamas,
miniature horses and
donkeys, ostriches, pot
belly pigs, sheep, and
similar-sized animals.
4 per acre 1/2 acre 25 ft. 50 feet for
accessory
structure, none
for pasture.

Notes:
(1) Offspring allowed in addition to maximum number until market-ready; greater numbers of animals than allowed by Table 4-2 may be authorized by minor use permit. (2) Minimum lot area required for the keeping of animals. (3) Minimum setbacks from all property lines for barns, shelters, pens, coops, cages, and other areas and structures where animals are kept in concentrated confinement; but not including areas continuously maintained as pasture. Minimum setbacks from dwellings refers to dwellings located on other parcels. Animals shall not be kept in any required front yard setback except in pasture areas.

D. Maintenance and Operational Standards. All animal keeping shall comply with the following maintenance and operational standards:

1. Odor and Vector Control. All animal enclosures, including, but not limited to, pens, coops, cages and feed areas, shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors.

Manure shall also not be allowed to accumulate within setback areas. Each site shall be maintained in a neat and sanitary manner.

2. Containment. All animals shall be effectively contained on the site, and shall not be allowed to run free on any parcel in a separate ownership or in a public right-of-way.

3. Waterway Protection. The keeping of horses, cattle, fowl, poultry, chickens, roosters, hogs, swine, or other large animals within fifty feet of any waterway shall require minor use permit approval. In addition to the other materials required for a minor use permit application, the applicant shall submit a plan for the protection of the waterway from the polluting effects of runoff from the animal-keeping area. The plan shall provide for regular manure removal, the maintenance of pasture vegetation to minimize the exposure and potential erosion of bare soil, site grading to direct runoff to detention and settling areas rather than the waterway, and/or other measures approved by the review authority.

4. Erosion and Sedimentation Control. In no case shall an animal-keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel or other waterway. In the event sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement.

5. Noise Control. Animal keeping shall comply with the noise standards established by Section 17.30.050, Noise standards.

E. Animal Husbandry Projects. The keeping or raising of the other small animals listed in Table 4-2 as a 4-H or Future Farmers of America (FFA) project may be allowed with up to twenty-five animals in the RR, RVL, and NL zones subject to minor use permit approval, and compliance with the following requirements, in addition to those in Table 4-2.

1. Application Requirements. The minor use permit application shall include a written agreement of supervision by 4-H or FFA officials, that provides a detailed description of the method to be utilized to control odors and insects.

2. Setback Requirements. Any structures, cages, or shelters required for animal keeping shall not be located within a required front or street side setback, and be set back a minimum of five feet from side or rear property lines.

3. Maintenance. The animal keeping shall comply with all standards in subsection D of this section.

F. Kennels and Animal Boarding. Each kennel and other small animal boarding facility shall comply with the following standards:

1. Minimum Site Area. An animal boarding facility may be approved only on a parcel of two acres or larger.

2. Enclosure Within Building. All animal boarding (sleeping and night-time confinement) shall occur within an entirely enclosed building.

3. Noise Control. The building used for animal boarding shall be insulated, or otherwise constructed and maintained so that no noise from animals within the building is audible to an average person at the property line of the site.

4. Management. A manager of the facility shall be present on the site at all times.

G. Chickens. In addition to the requirements of this section, the keeping of chickens shall comply with the following standards:

1. Accessory to Residential Use. The keeping of chickens shall be solely as an accessory use to a residential use, and may not be the primary use on any site within the city.

2. Butchering Prohibited. Butchering, slaughtering, or otherwise killing chickens shall be prohibited.

3. Nuisance Prohibited. Confirmed noise impacts, odor impacts, and valid vector complaints shall cause the chickens to be deemed a nuisance, and result in this use becoming prohibited at the subject site.

4. Private Common Areas. Where chickens are proposed to be located in a private common area, the private governing organization (e.g., the homeowner's association) shall provide written consent to the chicken owners and is ultimately responsible for ensuring compliance with this consent.

SECTION 8: Amendment to the Cotati Municipal Code. Section 17.42.080 Home occupations is amended as follows:

17.42.080 Home occupations
The following standards for home occupations are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by Chapter 17.22 (Allowable Land Uses) of this title. Microenterprise Home Kitchen Operations (MEHKOs) are exempt from this Section and are instead subject to the standards of Section 17.42.270 Microenterprise home kitchen operations (MEHKOs).

A. Business License Required. A home occupation shall require a city business license.

B. Limitations on Use. The following are examples of business activities that may be approved as home occupations, and uses that are prohibited as home occupations:

1. Uses Allowed as Home Occupations. The following and other uses determined by the director to be similar may be approved by the director in compliance with this section:
a. Art and craft work (ceramics, painting, photography, sculpture, etc.); b. Office-only uses, including an office for an architect, attorney, consultant, counselor, doctor, insurance agent, planner, tutor, writer, and electronic commerce; c. Personal trainers and licensed massage therapy and physical therapy; d. Tailors, sewing; and
e. Cottage Food Operations operating in compliance with the California Health and Safety Code and possessing a current permit from County of Sonoma Environmental Health; and
f. Market gardens and garden stands.

2. Uses Prohibited as Home Occupations. The following are examples of business activities that are not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:
a. Adult entertainment activities/businesses;
b. Animal hospitals and boarding facilities;
c. Auto and other vehicle sales, repair and service (body or mechanical), painting, storage, or upholstery, or the repair, reconditioning, servicing, or manufacture of any vehicle engine, or of any motor vehicle, including automobiles, boats, motorcycles, or trucks;
d. Commercial cabinet or furniture making, and similar uses; e. Contractor’s and other storage yards;
f. Dismantling, junk, or scrap yards;
g. Fitness/health facilities, except those allowed under subsection (B)(1) of this section; h. Medical clinics and laboratories;
i. On-site sales, except that mail order businesses may be allowed where there is no stock-in-trade on the site;
j. Personal services as defined in Article 9 (Glossary), except those allowed under subsection (B)(1) of this section;
k. Transportation services, including ambulance, taxi, limousine, tow truck, etc.; l. Uses which require explosives or highly combustible or toxic materials; m. Welding and machine shop operations;
n. Wood cutting businesses; or
o. Other use the director determines to be similar to those listed above.

C. Operating Standards. Home occupations shall comply with all of the following operating standards:

1. Accessory Use. The home occupation shall be clearly secondary to the full-time use of the property as a residence.

2. Location of Home Occupation Activities. All home occupation activities shall take place either inside the primary dwelling, occupying no more than twenty-five percent of the gross floor area of the dwelling, or in a permitted enclosed accessory structure. The exception is market garden and garden stand activities in compliance with Sections 17.42.130, 17.42.230, and 17.42.240 of this Chapter, which may be conducted outdoors.

3. Visibility. The use shall not require any exterior modification to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public right-of-way, or from neighboring residential properties.

4. Signs. No signs shall be permitted, with the exception of a name plate not exceeding one square foot in area and attached flush to a wall of the structure.

5. Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.

6. Off-Site Effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the director.

7. Outdoor Display or Storage. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.

8. Employees. A home occupation shall have no on-site employees other than full-time residents of the dwelling.

9. Client/Customer Visits. The home occupation shall be operated so as to not require more than twelve vehicle trips per day of clients, customers, and/or visitors to the residence. Onsite presence of clients or customers shall be limited to one client or family at a time, and only between the hours of nine a.m. and eight p.m.

10. Deliveries. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home pick-ups and deliveries.

11. Motor Vehicles. The motor vehicles used or kept on the premises, except residents’ passenger vehicles, shall comply with the requirements of Section 17.36.130 (Commercial vehicles on private property) of this title.

12. Utility Service Modifications. No utility service to the dwelling shall be modified solely to accommodate a home occupation, other than as required for normal residential use.

SECTION 9: Amendment to the Cotati Municipal Code. Section 17.42.250 Food trucks and food carts is added as follows:

17.42.250 Food Trucks and Food Carts
A. Applicability. The provisions of this section apply to food trucks and food carts operating 1) on private property, where allowed by Chapter 17.22 (Allowable Land Uses) of this title, 2) in City-approved parklets on public parking, and 3) as allowed by a City special event, block party, or limited term permit. This section also applies to food trucks operating on an intermittent, short-term basis in the Commercial Industrial (CI) Zoning district. The intent of these provisions is to allow food truck and cart operation to promote economic development and culinary choice while managing potential impacts on the community. For the purposes of this Code, food trucks and food carts operated in compliance with this section are distinct from sidewalk vendors, which are subject to the standards of Section 17.42.260.

B. General requirements

1. Each food truck and food cart shall have and display at all times a current City of Cotati Business License and permit from Sonoma County Environmental Health. When a food truck or cart is operating under a special event or other City permit, the business license obtained by the permittee shall be sufficient.

2. Food trucks, carts, and their operators and employees shall comply with all applicable local, state, and federal regulations.

3. Food trucks and carts shall comply with all applicable ADA/accessibility standards.

C. Operating Standards.

1. Food truck and cart operators and employees shall have access to a restroom with handwashing facilities with running water, soap, and paper towels within two hundred feet of the truck or cart location.

2. A clean and trash-free twenty-foot radius shall be maintained around the truck or cart location.

3. Trash, recycling, and compost containers shall be provided for customer use adjacent to food pick-up window and/or outdoor dining area. Such containers may be provided by the event organizer, if the food truck or cart is operating under a special event or other City permit.

4. Any spilled refuse, food, grease, or other fluid or item related to the food truck or cart shall be immediately cleaned up to prevent it from entering the public right-of-way or storm drains.

5. Disposal of any wastewater, rinse residue, or other fluid into or adjacent to gutters, streets, or storm drains, or on any public property is prohibited.

6. Operators shall not dispose of trash, debris, recyclables, or compost generated by food truck or cart operation into public refuse receptacles.

7. Food trucks and carts shall comply with CMC Chapter 8.20, including the prohibition of disposable food service ware that contains polystyrene foam or PFAS.

8. A working fire extinguisher of the appropriate type and rating shall be maintained in or on the food truck or cart at all times.

9. Sales to any person in a motor vehicle located or travelling on a public roadway are prohibited.

10. Food trucks and carts shall not create a nuisance to adjacent properties from odors, smoke, dust, or other emanation.

11. Compliance with all applicable performance standards of Section 17.30.070 this title is required.

D. Design standards.

1. Food trucks and carts shall be maintained in good working order and entirely selfcontained. No food storage, preparation, or cooking shall take place outside the food truck or food cart area. No external power, piping, or plumbing is permitted, except as permitted by Section 17.42.250(E)(3)(d).

2. Generators shall be located inside or securely attached to the truck or cart. Fuel for generators must be stored inside the truck or cart.

3. Signage must comply with the following standards:
a. Signage shall be affixed to the truck or cart and shall not extend beyond the truck or cart itself.
b. Signage shall relate only to the food truck or cart and shall not advertise any other business or any items that are not immediately available for sale at the food truck or cart.
c. Flashing, blinking, and animated signs are prohibited, with the exception of food trucks and carts operating under a special event or other City permit.

E. Additional standards for food trucks and food carts operating on commercially-zoned private property, where allowed by Chapter 17.22 (Allowable Land Uses) of this title, with the exception of those operating with a City special event, block party, or limited term permit.

1. Location requirements
a. Multiple food trucks and/or carts may be allowed to operate simultaneously on a single property with a Minor Use Permit. Otherwise, only one food truck or cart may operate on a property at a time.
b. All food truck and cart operation shall take place on private property only and shall not encroach onto the sidewalk, street, or other public right-of-way.

Customers are allowed to be on a public sidewalk while patronizing a food truck or cart, as long as a minimum of four feet of passing space for pedestrians is maintained on the sidewalk and entrances to adjacent buildings remain accessible. c. Food trucks and carts shall be located on compact and dust-free surfaces only. d. Food trucks and carts shall be located as follows:
i. In compliance with zoning district setbacks for the rear and interior side property lines if property abuts a residential use on that side. ii. No closer than the lesser of five feet or the setback distance required by the zoning district from a rear or interior side property line if the property abuts a non-residential use on that side.
iii. No closer than two feet from a front or street side property line. e. The food truck or cart and its operation shall not block circulation, emergency access, access to other approved uses on the property, or the vision triangle as defined in this code.
f. At least two private or public parking spaces shall be available for food truck or cart customers, located adjacent to the truck or cart location. The private parking spaces may be shared with other uses on the property.
g. Location of food trucks, carts, dining areas, and associated equipment shall ensure that the minimum required on-site parking spaces for other approved uses on the property is maintained.
h. If the food truck or cart is towed by a vehicle, that vehicle shall be parked legally and shall be subject to the same location standards as the food truck or cart.

2. Operating Standards
a. Food trucks and carts may operate between 7:00am and the later of 1) 11:00pm, or 2) the closing time of any other permitted business on the same property, including set up and break down time(s).
b. No equipment or belongings except solid waste receptacles, an outdoor dining area that complies with 17.42.250(E)(3)(b), and an A-board sign complying with

17.42.250(E)(3)(c), shall be allowed outside the food truck or cart. c. The food truck or cart shall be removed from the property daily at the end of each operating period. The exception is a food truck that uses a permitted restaurant on the same property as its commissary, with Sonoma County Environmental Health approval.
d. All equipment associated with food truck or cart operation, including outdoor dining furniture, coverings, and solid waste receptacles, shall be removed from the property daily at the end of each operating period or stored in a permitted enclosed structure. Exceptions may be made on a case-by-case basis with Minor Use Permit approval.
e. Amplified music is prohibited in association with food truck or cart operation, unless authorized by a special event or other city permit.

3. Design standards
a. Food carts, including all associated equipment including canopies or other coverings, shall not exceed a total of one hundred square feet in area, not including the dining area if provided.
b. Food trucks and carts may provide a temporary dining area for customers, including seating, tables, and covering, as follows:
i. The dining area shall meet the same location standards as food trucks and carts.
ii. A maximum of one hundred square feet in area is allowed, including area(s) under coverings if any. Exceptions may be made on a case-bycase basis with Minor Use Permit approval. iii. No advertising of any business is allowed on outdoor dining furniture or covering.
c. In addition to the signage allowed in Section 17.42.250(D)(3), each food truck or cart may have one A-board sign, to be put away daily at the end of operation, located only on private property and completely out of the public right-of-way, and conforming to standards in Section 17.38.070(A) of this title. d. Food trucks and carts may utilize a single power extension cord that is:
i. Rated for outdoor use.
ii. Appropriately placed and covered to avoid trip hazards. iii. Connected to a permanent power source on the same property as the food cart.
iv. Removed daily at the end of operation.

F. Additional standards in the Commercial Industrial (CI) zoning district for food trucks operating on an intermittent, short-term basis on private property and in the public right-of-way, where allowed by Chapter 17.22 (Allowable Land Uses) of this title:

1. General standards:
a. Operation shall take place only between 7:00am and 6:00pm. b. No outdoor dining or equipment except solid waste receptacles shall be permitted.

2. Standards for food trucks operating on private property:
a. Property owner permission is required.
b. Food trucks may operate for a maximum of two hours daily on any individual property. c. The food truck and its operation shall not block circulation, emergency access, pedestrian access, or access to other approved uses on the property.

3. Standards for food trucks operating in the public right-of-way:
a. Food trucks shall park only in allowable parking areas. Parking and operation on streets or roads with no designated parking is prohibited.
b. Food trucks shall not operate on streets with a traffic speed limit of 35mph or above. c. Food trucks shall be stationed so that customer access, sales, and service takes place from the non-roadway and/or sidewalk side of truck. Operation and sales activity shall not cause customers or other pedestrians to enter roadway.
d. Once parked for operation, a food truck shall move within two hours to another location that is at least five hundred feet away.
e. Food trucks shall not operate in or cause customers to encroach into landscaped areas. f. Food trucks shall not operate on or cause customers to encroach onto private property without the property owner’s permission.
g. Operation shall not block sidewalks, crosswalks, or driveways, impede accessibility, or block emergency access on streets or roads or to private properties. h. Parking for food truck operation shall be a minimum of thirty-five feet from any intersection with another public street and shall maintain the vision triangle at all times, as illustrated in Figure 3-7, Article 3 of this title.

SECTION 10: Amendment to the Cotati Municipal Code. Section 17.42.260 Sidewalk vending is added as follows:

17.42.260 Sidewalk vending
A. Applicability. The provisions of this section apply to sidewalk vending and sidewalk vendors on public sidewalks and public pedestrian paths where allowed by Chapter 17.22 (Allowable Land Uses) of this title. The intent of these provisions is to minimize potential negative impacts of sidewalk vending on the community. For the purposes of this Code, sidewalk vendors operating in compliance with this section are distinct from vendors operating under the auspices of a City special event, block party, or limited term permit, food carts, and food trucks, which are subject to the standards of Section 17.42.250.

B. General requirements

1. Sidewalk vendors shall vend only from a “cart” as defined in Section 17.90.020 of this title, or from their person.

2. Vendors shall have and display at all times a current City of Cotati Business License.

3. Vendors selling merchandise shall have and display at all times a current Seller’s Permit from the California Department of Tax and Fee Administration.

4. Sidewalk vendors selling food shall have and display at all times a permit from Sonoma County Environmental Health, if applicable.

5. Vendors shall not require permission or approval from any private property owner or other individual to operate in accordance with this Section.

6. Vendors shall comply with all applicable local, state, and federal regulations.

C. Location standards

1. Sidewalk vendors shall operate only on public sidewalks and public pedestrian paths.

2. Stationary vendors are prohibited in the RR and RVL zoning districts.

3. Vendors shall not block sidewalks or pedestrian paths and shall maintain a minimum four feet clear passing space for pedestrians at all times.

4. In no event shall a sidewalk vendor prevent any feature of the public right-of-way from being used for its intended purpose or functioning as intended.

5. No vendor may operate in the following locations:
a. On any surface that is landscaped or is not compact and dust-free. b. Within five feet of street trees, bicycle racks and lockers, public art, benches, planters, refuse receptacles, and street furniture.
c. Within fifteen feet of access ramps, bus stops, fire apparatus, storm drains, mailboxes, public restrooms, and building entrances, with the exception of entrances to businesses with which the vendor is affiliated. d. Within twenty-five feet of outdoor serving and dining areas or parklets with which the vendor is not affiliated.
e. Within thirty-five feet of street intersections, unless cart and all visual obstructions are of thirty-six inches or less in height, as illustrated in Figure 3-7, Article 3 of this title.
f. Within fifty feet of the SMART train station, railroad crossings, or construction or roadwork zones.
g. Within fifty feet of play structures and equipment, sports facilities, picnic tables, drinking fountains, bandstands, stages, bleachers, or other features intended for passive or active recreational use in parks.
h. Within two hundred feet of a concession stand in a park during its operating hours. i. In the case of stationary vendors, in a public park where the City has an exclusive agreement with a concessionaire for that park.
j. Within two hundred feet of another sidewalk vendor, the Cotati Farmer’s Market (when operating), any activity taking place with a City special event, limited term, or other permit, freeway on- or off-ramps, schools, and daycare or childcare facilities.
k. In any park outside of the open hours of that park, or if the park has no posted hours, between the hours of 7:00 p.m. and 9:00 a.m.
l. In any location that impedes ADA accessibility.

D. Operating Standards

1. Sidewalk vendors may operate only during the following times:
a. Residential zoning districts (RR, RVL, NL, NM, NU): Between 8:00 a.m. and 7:00 p.m.
b. Other zoning districts: Between 7:00 a.m. and 11:00 p.m.

2. Vendors operating for more than one hour shall have access to a restroom with handwash facilities with running water, soap, and sanitary hand drying equipment within two hundred feet of the vending location.

3. Roaming vendors shall maintain continuous motion from one location to another, except when actively conducting sales transactions with customers. A vendor may conduct multiple sales in a location, if a queue of customers is waiting. If there is no queue, the vendor must move to a new location at least two hundred feet away before stopping again.

4. Vendors shall provide refuse containers attached to cart for customers’ use.

5. Vendors shall maintain a clean and trash-free twenty-foot radius around their vending location.

6. Vendors shall immediately clean up any refuse, food, grease, or other fluid or item related to their vending activities that falls onto the sidewalk or other public right of way.

7. Sidewalk vendors cooking food shall at all times maintain a working fire extinguisher of the appropriate type and rating attached to or inside the cart.

8. Vendors shall comply with CMC Chapter 8.20, including refraining from the use of disposable food service ware that contains polystyrene foam or PFAS.

9. Sidewalk vendors shall not engage in any of the following activities:
a. Vending of alcoholic beverages, cannabis products, tobacco products, or other legally-controlled substances.
b. Provision of outdoor dining, seating, tables, or cover for customers. c. Using, playing, or employing any sound, amplifier, loudspeaker, radio or any other instrument or device to produce sound in connection with the promotion of a vending operation.
d. Creating a nuisance to adjacent properties from odors, smoke, dust, or other emanation.
e. Leaving vending cart unattended.
f. Making sales to any person in a motor vehicle parked or travelling on a public roadway.
g. Renting merchandise, offering or advertising services, or advertising or selling merchandise that is not immediately available from vendor. h. Disposing of any wastewater, rinse residue, cooking oil, or other fluid into gutters, streets, or storm drains, or on any public property.
i. Disposing of trash, debris, or recyclables generated by a sidewalk vending operation into public refuse receptacles.
j. Continuing to offer food or merchandise for sale, following, or accompanying any potential customer who has been offered food or merchandise after such person has declined the offer
k. Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale.
l. Blocking or impeding the path of any person(s) utilizing the public right of way. m. Making any statement, gesture, or other communication which a reasonable person would perceive to be a threat.
n. Touching the person(s) being offered food or merchandise without that person(s)’ consent.
o. Placing cart, equipment, merchandise, or personal belongings on private property or any other non-permitted space when engaging in sidewalk vending activities.

E. Design standards

1. A sidewalk vendor’s total operating area may not exceed twenty-five square feet of sidewalk, including the area of the cart and that occupied by vendor and vendor’s personal chair.

2. The dimensions of the cart shall not exceed thirty-six inches in width, eighty-four inches in length, and forty-eight inches in height excluding umbrella, canopies, or transparent enclosures. The minimum height of any food preparation or food display area of the cart shall be thirty inches above grade.

3. Umbrellas, canopies, and other coverings shall:
a. Have a minimum vertical clearance of eighty-four inches and a maximum height of one hundred fourteen inches above grade.
b. Not exceed thirty-six square feet in area.
c. Be affixed to and located over the cart.

4. All equipment, merchandise, and personal belongings of the vendor shall be off the ground and attached to or located inside the cart or attached to the vendor’s person, with the exception of one chair for the vendor’s personal use.

5. Propane tanks shall be attached to or contained within the cart and the cart must allow for adequate ventilation and screening of the tank.

6. Vendors shall not use portable generators, gasoline, kerosene, outdoor wood burning ovens, or charcoal barbecues.

7. Carts shall be entirely self-contained. No external power, piping, or plumbing is permitted.

8. Signage shall be affixed to the cart or to vendor’s person and limited to a total of four square feet in area.

9. Flashing, blinking, and animated signs are prohibited.

10. All signage shall be related only to the sidewalk vendor. Advertisement of other businesses is prohibited.

F. Enforcement and Fines

1. A violation of any provision of this Section is punishable only by an administrative citation pursuant to Section 1.28 of this title, in amounts not to exceed the following:
a. An administrative fine not exceeding one hundred dollars for a first violation. b. An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation.
c. An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.

2. No other fines, fees, assessments, or financial conditions shall be imposed by the City for violation of this Section.

3. Notwithstanding any other provision of this title, neither a violation of Section

17.42.260 nor a failure to pay an administrative fine imposed by Section

17.42.260(F)(1) shall be punishable as an infraction or misdemeanor.

4. Any person who receives an administrative fine under Section 17.42.260(F)(1) shall have the right to request an ability-to-pay determination. a. The City shall give any such person written notice of his or her right to request an ability-to-pay determination as well as instructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued.
b. A right-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program. c. Upon receipt of a request for an ability-to-pay determination, the city manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code.

The determination of the city manager or his or her designee shall be final.

5. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the city shall reduce the fine to twenty percent of the amount of the fine originally imposed.

6. Nothing in this Section shall be construed to limit the city's ability to enforce laws of general applicability against sidewalk vendors, or to take any other enforcement actions against sidewalk vendors that are allowed by state or federal law or this code.

SECTION 11: Amendment to the Cotati Municipal Code. Section 17.42.270 Microenterprise home kitchen operations (MEHKOs) is added as follows:

Section 17.42.270 Microenterprise home kitchen operations (MEHKOs) A. Applicability. The provisions of this section apply to Microenterprise Home Kitchen Operations (MEHKOs), where allowed by Chapter 17.22 (Allowable Land Uses) of this title. The intent of these provisions is to manage potential impacts of MEHKOs on the community.

B. General requirements

1. MEHKOs shall be subject to the applicable standards of the County of Sonoma Code and California Government Code.

2. Each MEHKO shall have a current City of Cotati Business License and health permit from Sonoma County Environmental Health.

3. MEHKOs shall comply with all applicable performance standards of Section 17.30.070 this title.

4. MEHKOs are exempt from Section 17.42.080 Home occupations of this title.

SECTION 12: Amendment to the Cotati Municipal Code. Section 17.90.020 Definitions of specialized terms and phrases is amended to add the following:
“Cart,” for the purposes of Section 17.42.260 of this title, means the pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, table, or other nonmotorized conveyance or apparatus, propelled solely by a human being, used by a sidewalk vendor to convey, display, store, prepare, and/or vend food and/or merchandise, including any surrounding area used in the sidewalk vending operation up to a maximum area of twenty-five square feet. “Food cart,” for the purposes of Section 17.42.250 of this title, means a nonmotorized cart, wagon, trailer, stand, or other mobile or portable assembly designed for outdoor food preparation and service on a temporary basis.
“Food truck” means a motor vehicle (including an electric vehicle) or a trailer, cart, wagon, or other vessel that is towed by a motor vehicle (including an electric vehicle) that is used for the preparation and sale of food.
“Microenterprise home kitchen operation (MEHKO)” has the same meaning as set forth in California Health and Safety Code Section 113825, as updated from time to time. “Parklet” means a food and/or beverage service and/or customer dining installation or facility on public or private parking space(s), operated by an adjacent permitted business with City approval. “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
“Sidewalk vending” means the activity of selling food or merchandise from a cart as defined by this Code, or from one’s person, upon a public sidewalk or public pedestrian path. Operating a Compact Mobile Food Operation (CMFO) on a public sidewalk or other pedestrian path is considered sidewalk vending.
“Sidewalk vendor” means a person(s) who engages in sidewalk vending. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a single fixed location during each day of operation.

SECTION 13: 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 14: Effective date.

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

SECTION 15: 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 duly adopted at a regular meeting of the City Council of the City of Cotati held on April 28, 2026, 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