ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF COTATI
FINDING THE CREATION OF A FREEWAY OPRIENTED DEVELOPMENT (FOD)
OVERLAY CONSISTENT WITH THE GENERAL PLAN EIR AND AMENDING THE
MUNICIPAL CODE TO CREATE THE FOD OVERLAY, REZONING
APPROXIMATELY 15 PARCELS TO THE FOD OVERLAY, AND FURTHER AMEND TITLE 17 (LAND USE) OF THE COTATI MUNICIPAL CODE CHAPTERS 17.20; 17.22;
17.28; 17.38; 17.42; AND 17.62 TO FURTHER IMPLEMENT THE FOD AND
IMPLEMENT OTHER ECONOMIC DEVELOPMENT RELATED MODIFICATIONS TO THE COTATI LAND USE POLICIES; FILE NO. PA#26-17
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 specifically highlights the industrial zoning district as an important source of economic activities to be supported through amended policies and expanded land use activities; and WHEREAS, 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, based on the record, the City Council finds that the proposed zoning code amendments are consistent with and facilitate the General Plan and associated EIR; and WHEREAS, in June 2025, the City Council adopted the 2026/27 fiscal year work plan which included a project for the Community Development Department to develop a freewayoriented zoning overlay.; and WHEREAS, in February 2026, City staff engaged directly with property owners and businesses in the proposed freeway-oriented overlay area to gather their input regarding the proposal. Discussions with property owners and business operators identified several policies changes to support reinvestment and business attraction including adding flexible and modernized signage regulations, loosened restrictions on temporary and promotional sales activities, and allowing expanded commercial uses in the zoning district.; and WHEREAS, on July 20, 2026, the Planning Commission conducted a public workshop to gather input and provide direction on the potential FOD overlay district. Specific recommendations from the Planning Commission included expanding the FOD boundary; allowing more sales and promotional activities by-right; allowing additional sign height and size while also modernizing the sign lighting requirements but continuing a prohibition on electronic message board signs; being conscious of potential light pollution and visual blight impacts and keeping these updated regulations to west side of Hwy 101, and
WHEREAS, on July 28, 2026, the City Council conducted a workshop to review the potential code changes identified under the conceptual Freeway Oriented Development (FOD) overlay concept. After considering the Planning Commission recommendations and hearing from several members of the public, the Council indicated general support for the project and provided direction to move forward with the FOD Ordinance, including keeping the Overlay west of Hwy 101 and focused on the Industrial zoning district; ensuring regulations do not allow the proliferation of pole signs; not extending formula-based businesses into Industrial zoning district; not expanding allowances for drive through retail sales; requiring neighbor notification for streamlined marketing and sales events; and require a conditional use permit for recycling facilities; and WHEREAS, on September 21, 2026, the Planning Commission of the City of Cotati held a duly noticed public hearing to consider and review an ordinance proposing to create the FOD zoning overall and implement additional changes to the land use code to finalize and implement the FOD policies, and make a recommendations to the City Council regarding its adoption.
WHEREAS, on October 13, 2026, the City Council of the City of Cotati held a duly noticed public hearing on the proposed ordinance to establish amendments to the Cotati Municipal Code to create the Freeway Oriented Development (FOD) zoning overlay, rezone approximately 13 parcels to the FOD, and correct errors and streamline permitting processes, reviewed the staff report, received 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 Commission and City Council related to adoption of the amendments to Title 17 (Land Use) of the Cotati Municipal Code to establish the Freeway oriented Development (FOD) zoning overlay and implement other identified changes to the Cotati Municipal Code to facilitate implementation.
SECTION 3: General Plan Consistency
The Council of the City of Cotati does hereby find that the amendments to Title 17 (Land Use) of the Cotati Municipal Code to establish the FOD Overlay and implement other identified changes to the Cotati Municipal Code to support the Commercial/Industrial zoning, 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 increase the number of high quality jobs and generate revenues for the City by supporting the continued success and growth of Cotati’s industrial area.
Specifically, these amendments are consistent with and implement the following General Plan policies and objectives:
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 1.12: Encourage the growth of new commercial enterprises within appropriately zoned areas while maintaining the stability of the existing commercial businesses.
Policy EV 1.15: Support and encourage the continued success and growth of Cotati’s industrial area
Action LU1.b: Either combine the Commercial/Industrial and General Industrial districts into a single district that accommodates the range of industrial and commercial uses allowed in the Commercial Industrial land use designation or amend the Commercial/Industrial and General Industrial designations to accommodate the range of uses allowed in the Commercial/Industrial land use designation.
Policy LU 1.4: Require new development to occur in a logical and orderly mann er, focusing growth on infill locations and areas designated for urbanization on the La nd Use Map (see Figure 7.1), and be subject to the ability to provide urban services, incl uding paying for any needed extension of services.
Policy LU 3.6: Support the continued development and intensification of employment centers throughout all non-‐residential areas of the City.
The proposed map and text amendments will help to further the established goals, policies, and implementation programs of the General Plan identified above, including business attraction and retention, while also encouraging growth of new commercial investment, employment opportunities, and generation of local revenues in the industrial area of the City. By allowing expanded signage, sales events and land uses new opportunities to attract regional customers would be created for properties under these regulations.. Further, these changes would expand the range of allowed uses in the Commercial Industrial district; focus growth on infill parcels in urbanized areas; and support intensification of employment centers in a non-residential area of the City. Based on this, staff has identified the proposed changes as consistent with the overall intent and policy direction of the General Plan.
SECTION 4: Findings
The City Council of the City of Cotati does hereby find that the proposed ordinance to amend Title 17 (Land Use) of the Cotati Municipal Code to establish the FOD Zoning Overlay and implement other identified changes to the Cotati Municipal Code:
a. Is consistent with the goals and policies of all elements of the General Plan, and any applicable specific plan in that the proposed text and map amendments will serve to implement the policy direction of the General Plan to support and encourage the continued success of the industrial district; will help to accommodate a range of land uses in the CI zoning district; and will help the City to provide a business friendly environment for both new and existing companies; and b. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the city given that they are seeking to expand the allowable land uses in a limited area of the community, expand on the sales and service activities available to create employment and shopping opportunities for residents and will modernize the sign illumination methods allowed, citywide; and c. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and are hereby found to be consistent with the program Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update that was certified on March 24, 2015 (Resolution Number 2015-11) and no new environmental impacts peculiar to the project site(s) have been realized or identified, therefore no additional environmental analysis is required under CEQA, including Section 15183, and therefore pursuant to Section 15168 of the CEQA Guidelines, as such no further environmental review is required; and
d. The proposed amendment is internally consistent with other applicable provisions of this Zoning Code is found to be true in that all modified areas of the code have been reviewed to ensure consistency across the other related land use regulations and across the other areas proposed to be modified through this action; and
e. The sites proposed to be rezoned to the overlay are physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provisions of utilities) for the requested zoning designations and anticipated land uses/developments in that the FOD overlay is only being applied to 15 properties each of which fronts onto Redwood Drive, an arterial connector providing regional access and freeway visibility; and
f. The proposed amendment is consistent with no-net-loss provisions and will not reduce the residential density of the parcel without a concurrent and off-setting increase in density being adopted for an alternate location is found to be given that no residentially designated properties are proposed to be included in the map amendments..
SECTION 5: Compliance with the California Environmental Quality Act.
In conformance with California Environmental Quality Act (CEQA), the City Council finds that the proposed amendments to the Cotati Municipal Code identified herein are related to and implement the goals, policies, and objectives of the 2015 General Plan and the 2023-31 Housing Element, and therefore finds that these proposed revisions conform to CEQA Guidelines Section 15183, which provides a streamlined review of the environmental impacts of the project by tiering from the program level analysis prepared for the Cotati General Plan and its certified EIR and/or the Housing Element and its certified Mitigated Negative Declaration (MND), and other previously completed environmental analysis.
The Council further finds that all adopted mitigating General Plan policies and mitigation measures identified in the 2015 General Plan EIR and/or 2023-2031 Housing Element MND address any potential environmental impacts of the proposed code changes. Finally, future project-specific environmental analysis of any permit or variance proposed under the amended Code will be required and will allow project-specific impacts not previously identified or anticipated to be addressed.
SECTION 6: Amendment to the Cotati Municipal Code. Chapter 17.20 Zoning Map, Section
17.20.020 Table 2-1, is amended to read as follows:
17.20.020 Table 2-1 Zoning Districts
Special Purpose and Overlay Zones
CP Coordinated Planning Overlay All
FOD Freeway Oriented Development Overlay Commercial Industrial MHP Mobilehome Park All Residential
Citywide
Overlay
MHPSSenior
Mobilehome
Park
Overlay
All Residential
PF Public
Facility
Public Facilities
TOC Transit
Oriented
Community
Overlay
Specific Plan; Open Space/Parks; Low-Medium Density
Residential Medium Densit Residential; High Density
Residential; General Commercial;
SECTION 7: Amendment to the Cotati Municipal Code. Chapter 17.22 Allowable Land Uses, Section 17.22.020 Table 2-3 is amended to modify the land uses of: Recycling-Small collection facility; Commercial recreation facility-Indoor -More than 5,000 sq. ft.; Alcoholic beverage sales; Antique or collectible store; Second hand store; Tasting room; Medical services-Doctors office and -Clinic, urgent care; Adult daycare to read as follows:
Allowed Land Uses and Permit Requirements for Commercial, Mixed Use, and Industrial Districts (excerpt)
P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Specific Use
Land Use(1) Regulations
CE CG CD CI PF
Recycling – Small collection
facility
UP UP – UP – 17.42.150
Recreation, Education and Public Assembly Uses
Commercial recreation facility –
Indoor – More than 5,000 sq. ft.
UP MUP – MUP –
School – Specialized
education/training
UP(2) UP(2) UP(2) MUP UP
Retail Trade(3)
Alcoholic beverage sales UP UP UP UP – 17.42.030
Antique or collectible store MUP P MUP MUP –
Retail display gallery – P P P – 17.90.020
Second hand store MUP MUP MUP MUP –
Table 2-3
P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Specific Use
Land Use(1) Regulations
CE CG CD CI PF
Tasting room MUP P P P –
Services – Business, Financial, Professional
Medical services – Doctor office UP P
(2) P(2) P –
P Permitted use, zoning clearance required
MUP Minor use permit
UP Use permit required
S Permit requirement set by specific use regulations
– Use not allowed
Permit Required by District Specific Use
Land Use(1) Regulations
CE CG CD CI PF
Medical services – Clinic, urgent
care
UP – – MUP –
Services – General
Adult day care UP – – MUP UP
SECTION 8: Amendment to the Cotati Municipal Code. Chapter 17.28 Special Purpose Zone and Overlay Zone Standards is amended to add Section 17.28.080 to read as follows:
17.28.080 Freeway Oriented Development (FOD) overlay zone.
A. Purpose. The FOD overlay zone may be applied to Commercial/Industrial properties on the west side of Highway 101 having a property line within one thousand feet of the freeway right-of-way.
The FOD zoning overlay is consistent with and implements the CI land use designation of the general plan.
B. Allowable Land Uses and Planning Permit Requirements. The land uses allowed within the FOD zoning overlay and the planning permit requirements for establishing an allowed use are determined by Section 17.22.020 Table 2-3 (Allowable land uses and planning permit requirements) of this title.
C. Development Standards. Subdivision, site planning, development, and new land uses on a site within the FOD zoning overlay shall comply with the development standards and use criteria of the current underlying primary zoning district. Sign standards shall be those identified in CMC Chapter
17.38. SECTION 9: Amendment to the Cotati Municipal Code. Chapter 17.38 Signs, is amended to read as follows:
CHAPTER 17.38
SIGNS
§ 17.38.010. Purpose.
The regulations established by this chapter are intended to appropriately limit the placement, type, size, and number of signs allowed within the city, and to require the proper maintenance of signs. The purposes of these limitations and requirements are to:
A. Avoid traffic safety hazards to motorists, bicyclists, and pedestrians, caused by visual distractions and obstructions;
B. Promote the aesthetic and environmental values of the community by providing for signs that do not impair the attractiveness of the city as a place to live, work, and shop;
C. Provide for signs as an effective channel of communication, while ensuring that signs are aesthetically proportioned in relation to adjacent structures and the structures to which they are attached; and
D. Safeguard and protect the public health, safety, and general welfare. (A (part), 2004; Ord. 766 § 2 Exh)
§ 17.38.020. Applicability.
A. Signs Regulated. The requirements of this chapter shall apply to all signs in all zoning districts.
B. Applicability to Sign Content. The provisions of this chapter do not regulate the message content of signs (sign copy), regardless of whether the message content is commercial or noncommercial.
C. Definitions. Definitions of the specialized terms and phrases used in this chapter are in Article 9 (Glossary) under "Sign."
(A (part), 2004; Ord. 766 § 2 Exh)
§ 17.38.030. Sign permit and master sign plan requirements.
A. Sign Permit Required. No sign shall be constructed, installed, or modified, unless a sign permit is first obtained in compliance with this chapter, or the sign is allowed without sign permit by Section 17.38.035 (Exemptions from sign permit requirements).
1. Compliance with Standards Required. No sign permit or master sign plan shall be approved for an existing or proposed sign unless the sign is in compliance with all applicable requirements of this chapter.
2. Building Permit Required. The installation of a sign may require a building permit.
3. Compliance with Permit Required. After approval of a sign permit and/or sign plan, each sign site shall comply with the permit and plan.
4. Temporary Signs. Temporary signs shall comply with Section 17.38.070(G).
B. Review Authority.
1. Director. The director shall review sign permit and master sign plan applications and approve only those that comply with the findings required in subsection E of this section. The director may also refer a sign permit application to the design review administration for review and recommendation, either for the individual sign permit, or as part of a development project that is otherwise subject to design review.
2. Conditions of Approval. The director may require conditions of approval that are deemed reasonable and necessary to achieve the purpose, intent, and objectives of this chapter.
C. Sign Permit Procedures.
1. Application Requirements. An application for a sign permit shall be prepared, filed, and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing).
2. Application Contents. Each application shall include all of the following:
a. Plans for the sign, drawn to scale, showing the proposed location of the sign in relation to other signs on the site and adjacent properties, structures, and uses;
b. A complete color scheme for the sign, and design drawing of the sign; c. Sufficient other details of the proposed sign to show that it complies with the provisions of this chapter;
d. Written permission from the property owner for the placement of the proposed signs on the site;
e. Computation of the total sign area, the area of each individual sign, the height of each sign, and the total number of existing and proposed signs on the parcel;
f. An accurate indication on the plot plan of the proposed location of each present and future sign of any type, whether requiring a permit or not; g. If a sign permit application is filed for a site with existing signs, the application shall detail how the applicant will correct all nonconforming signs on the site as part of the installation of the proposed signs; and h. Other information as required by the department.
D.. Findings for Approval. The approval of a sign permit shall require that the review authority first make all the following findings, as applicable:
1. The proposed signs do not exceed the standards of Sections 17.38.060 (Zoning district sign standards) and 17.38.070 (Standards for specific sign types), and are of the minimum size and height necessary to enable pedestrians and motorists to readily identify the facility or site from a sufficient distance to safely and conveniently access the facility or site;
2. That the placement of the sign on the site is appropriate for the height and area of a freestanding or projecting sign;
3. That a flush or projecting sign relates to the architectural design of the structure;
4. That signs do not unreasonably impair the visibility of existing signs on adjacent properties;
5. The placement and size of the sign will not impair pedestrian or vehicular safety;
6. The design, height, location, and size of the signs are visually complementary and compatible with the scale and architectural style of the primary structures on the site, any prominent natural features on the site, and structures and prominent natural features on adjacent properties on the same street;
7. The proposed signs are in substantial conformance with the design criteria in Section 17.38.050(G); and
8. The proposed signs are of a color, height, letter type, location, material, shape, size, and style that is appropriate for the use of the premises, enhancing to the premises, and harmonious with the surrounding neighborhood.
E. Expiration and Extension of Sign Permit Approval.
1. Approval of a sign permit shall expire twelve months from the date of approval unless the sign has been installed, or a different expiration date is stipulated at the time of approval. Before the expiration of a sign permit approval, the applicant may apply to the department for an extension of an additional twelve months from the original date of expiration. In response to an extension request, the review authority may make minor modifications, or deny further extensions.
9. The expiration date of the sign permit shall be automatically extended to concur with the expiration date of the companion building permit or other applicable permits.
§ 17.38.035. Exemptions from sign permit requirements.
The following signs are allowed without sign permit approval; provided, that they comply with Section 17.38.050 (General requirements for all signs), and any required building permit is obtained.
A. Nonstructural Modifications and Maintenance.
1. Modifications to sign copy on conforming signs, or changes to the face or copy of conforming changeable copy signs;
2. Nonstructural modifications of the face or copy of an existing conforming sign provided the modifications are consistent with the previously approved sign permit or master sign plan; and
3. The normal maintenance of conforming signs, except as identified in Section
17.38.080(B).
B. Service Station Advertising Signs. Service station signage as required by California Business and Professions Code Sections 13530 through 13540.
C. Noncommercial Temporary Signs. Noncommercial temporary signs, except as otherwise authorized by California Civil Code Section 713, are allowed without a sign permit, subject to the following requirements:
1. Duration. Temporary signs may be placed and maintained for a total maximum period of seventy consecutive days, no more than two times per calendar year (with a minimum of thirty days between postings), unless a longer time period is granted by the appropriate review authority in conjunction with an approved development project or limited term permit.
2. Placement. Temporary signs shall be located only on private property with the property owner's permission and shall not be sited so as to impede visibility of the street and/or traffic control signs to motorists, pedestrians or bicyclists.
3. Illumination. Temporary signs shall not be illuminated either internally or externally.
4. Number and Size. Temporary signs shall be limited to a total aggregate sign area of twelve square feet in residential zoning districts or twenty square feet in nonresidential zoning districts unless larger number or sizes are granted by the appropriate review authority in conjunction with an approved development project or limited term permit. See Section 17.38.050(A) for sign area measurement regulations.
5. Height. Temporary signs shall not exceed six feet in height when measured in accordance with Section 17.38.050(B).
D. Governmental Signs. Signs installed by the city, county, or a federal or state governmental agency, including but not limited to, the following:
1. Emergency, informational, and warning signs necessary for public safety or civil defense;
2. Traffic signs erected and maintained by an authorized public agency;
3. Legal notices, licenses, permits, and other signs required to be displayed by law;
4. Signs showing the location of public facilities (e.g., public telephones, restrooms, and underground utilities); and
5. Any sign, posting, notice, or similar sign placed by or required by a governmental agency in carrying out its responsibility to protect public health, safety, and general welfare.
E. Miscellaneous Signs. The following are not considered signs for purposes of implementing this chapter and do not require a sign permit though they may be subject to requirements of the city's design review process and/or issuance of a building permit:
1. Street Addresses. Street address numbers not exceeding twelve inches in height;
2. Official Flags. Flags of national, state, or local governments, or nationally recognized religious, fraternal, or public service agencies; provided, that:
a. The length of a flag shall not exceed one-fourth the height of the flag pole;
b. The height of the flag pole shall not exceed twelve feet within a residential zoning district and thirty feet within a nonresidential zoning district; and
c. No private flag pole shall be located within a public right-of-way or required setback;
d. No private flag pole shall be located within a public right-of-way or required setback;
3. Ornamentation and Decoration. Symbols, pictures, patterns, and illumination approved as architectural ornamentation or decoration by the director;
4. Architectural Markers. Markers incorporated into building or landscape architecture on private property; provided, that none of these exceed four square feet.
§ 17.38.040. Prohibited signs.
All signs not expressly allowed by this chapter shall be prohibited. Examples of prohibited signs include, but are not limited to, the following:
A. Abandoned signs;
B. Animated and moving signs, including electronic message display signs, and variable intensity, blinking, or flashing signs, or signs that emit a varying intensity of light or color, except time and temperature displays (which are not considered signs), and barber poles;
C. Internally illuminated cabinet (can) signs;
D. Off-site signs (e.g., billboards), except as allowed by Section 17.38.070(G)(2); E. Obscene signs;
F. Roof signs;
F. Because of the city's compelling interest in ensuring traffic safety, signs that simulate in color, size, or design any traffic control sign or signal, or that make use of words, symbols, or characters in a manner that interferes with, misleads, or confuses pedestrian or vehicular traffic;
G. A sign in the form or shape of a directional arrow, or otherwise displaying a directional arrow, except as approved by the director, or as required for safety and convenience and for control of vehicular and pedestrian traffic within the premises of the subject use;
H. A sign attached to or suspended from a boat, vehicle, or other movable object that is parked within a public right-of-way, or located on private property so that it is visible from a public right-of-way; except a sign painted directly upon, magnetically affixed to, or permanently affixed to the body or other integral part of a vehicle that covers no portion of a vehicle window;
I. A sign burned, cut, or otherwise marked on or affixed to a rock, tree, or other natural feature;
J. A sign placed within a public right-of-way, except as provided by Section
17.38.050(E);
K. Temporary and portable signs, except as specifically allowed by Section
17.38.070(G), including the following:
1. A-boards and other portable sidewalk signs,
2. Balloons and other inflatable devices,
3. Flags, except as specifically allowed by Section 17.38.035(E)(2), and
4. Pennants and streamers, except in conjunction with an approved limited term permit or event approved by the city or as allowed in Section 17.38.070(G). § 17.38.050. General requirements for all signs.
The following rules shall govern the computation of sign area:
A. Sign Area Measurement. The measurement of sign area to determine compliance with the sign area limitations of this chapter shall occur as follows:
1. Surface Area. The surface area of a sign shall be calculated by enclosing the extreme limits of all framing, emblem, logo, representation, writing, or other display within a single continuous perimeter composed of squares or rectangles with no more than eight lines. See Figure 3-12.
Figure 3-12. Sign Area Measurement
2. Sign Structure. Supporting bracing or framework that is clearly incidental to the display itself shall not be computed as sign area.
3. Multi-Faced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces.
4. Three-Dimensional Objects. Where a sign consists of one or more threedimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statuelike trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. See Figure 3-13.
5. Figure 3-13. 3-D Sign Area Measurement
5. Time and/or temperature device. The area of any time and/or temperature device incorporated into a sign shall not be included in the calculation of total sign area.
6. Sign Lighting. Permanently installed illuminated panels, visible tubing, and strings of lights outlining all or a portion of a structure, other than lighting that is primarily for indirectly illuminating architectural features, signs, or landscaping, shall be deemed "signs" subject to this chapter and shall be counted as part of the allowed sign area. Each line of tubing or lights shall be deemed to have a minimum width of at least six inches for the purpose of are calculation.
B. Sign Height Measurement. The height of a sign shall be computed as the vertical distance from the lowest point of the base of the sign at normal grade, to the top of the highest attached component of the sign. See Figure 3-14.
Figure 3-14. Sign Height Measurement
1. Normal Grade. Normal grade shall be construed to be the lower of either the:
a. Existing grade before construction; or
b. Newly established grade after construction, exclusive of any berm, filling, mounding, or excavating solely for the purpose of locating the sign.
2. Where Normal Grade Cannot be Determined. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumptions that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the parcel, whichever is lower.
C. Sign Height Limitations.
1. Maximum Height for Freestanding Signs. A freestanding sign shall not exceed a height of eight feet above normal grade.
2. Maximum Height for Signs on Structures. The top of a sign mounted on a structure shall not extend higher than the lesser of:
a. The window sills of the second floor;
b. The top of the wall to which the sign is attached, in the case of a one-story structure; or
c. Twenty feet above normal grade.
See Section 17.38.070(D) of this chapter for exceptions to the above requirements for freeway-oriented signs.
D. Sign Location Requirements. Each sign shall be located in compliance with the following requirements, and all other applicable provisions of this chapter:
3. Each sign shall be located on the same site as the subject of the sign, except as otherwise allowed by Section 17.38.070 of this chapter for a specific sign type.
4. No sign shall project over public properly, or the public right-of-way, except where the city has granted an encroachment permit in addition to a sign permit.
5. No sign shall be placed so as to interfere with the operation of a door or window. A sign that covers architectural features shall be discouraged.
6. Maximum Height for Signs on Structures. The top of a sign mounted on a structure shall not extend higher than the lesser of:
a. The window sills of the second floor;
b. The top of the wall to which the sign is attached, in the case of a one-story structure; or
c. Twenty feet above normal grade.
See Section 17.38.070(D) of this chapter for exceptions to the above requirements for freeway-oriented signs
Downloaded from https://ecode360.com/CO4398 on 2026-05-21 D. Sign Location Requirements. Each sign shall be located in compliance with the following requirements, and all other applicable provisions of this chapter:
7. Each sign shall be located on the same site as the subject of the sign, except as otherwise allowed by Section 17.38.070 of this chapter for a specific sign type.
8. No sign shall project over public properly, or the public right-of-way, except where the city has granted an encroachment permit in addition to a sign permit.
9. No sign shall be placed so as to interfere with the operation of a door or window. A sign that covers architectural features shall be discouraged.
E. Signs Placed Within the Public Right-of-Way.
1. No sign shall be allowed in the public right-of-way except for the following:
a. Public signs erected by or on behalf of a governmental agency to convey public information, identify public property, post legal notices, or direct or regulate pedestrian or vehicular traffic;
b. Bus stop signs installed by a public transit company; c. Informational signs of a public utility regarding its lines, pipes, poles, or other facilities; or
d. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized within the public rightof-way.
2. Any sign installed or placed within the public right-of-way other than in compliance with this section shall be forfeited to the public and be subject to confiscation.
3. In addition to other remedies identified in Chapter 17.89 (Enforcement and Penalties) of this title, the city shall have the right to recover from the owner, or person placing the sign, the full costs related to the removal and disposal of the sign.
4. A sign permit shall not be required for city signs placed within the public right- of-way.
F. Sign Design, Construction, and Maintenance. All signs shall be designed, constructed, and continuously maintained in compliance with the following standards:
10. Compliance with Applicable Provisions. All signs shall comply with the applicable provisions of the uniform codes of the city, any other applicable city ordinances, resolutions, or regulations, and this chapter.
11. Permanent Materials and Attachment. Except for banners, flags, temporary signs, and window signs conforming with the requirements of this chapter, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
G. Design Criteria for Signs. The following design criteria shall be used in reviewing the design of individual signs. Substantial conformance with each of the following design criteria shall be required before a sign permit or building permit can be approved.
1. Color. Colors on signs and structural members should be harmonious with one another and relate to the dominant colors of the other structures on the site.
Contrasting colors may be utilized if the overall effect of the sign is still compatible with the structure colors and prevailing colors in the surrounding neighborhood (where a theme can be identified).
2. Design and Construction.
a. All permanent signs shall be designed by professionals (e.g., architects, building designers, landscape architects, interior designers, or those whose principal business is the design, manufacture, or sale of signs), or others who are capable of producing professional results. b. All permanent signs shall be constructed by persons whose principal business is building construction or a related trade including sign manufacturing and installation businesses, or others capable of producing professional results. The intent is to ensure public safety, achieve signs of careful construction, neat and readable copy, and durability so as to reduce maintenance costs and to prevent dilapidation.
3. Materials and Structure.
a. Sign materials (including framing and supports) shall be representative of the type and scale of materials used on the site of the sign. Sign materials shall match those used on the structure and on other signs. b. No sign shall include reflective material.
c. Materials for permanent signs shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance.
Downloaded from https://ecode360.com/CO4398 on 2026-05-21 c. The size of the structural members (e.g., columns, crossbeams, and braces) shall be proportional to the sign panel they are supporting. In general, fewer larger supporting members are preferable to many smaller supports.
d. The use of individual letters incorporated into the building design is encouraged, rather than a sign with background and framing other than the structure wall.
4. Street Address. The review authority may require that a sign include the street address of the site, where it determines that public safety and emergency vehicle response would be more effectively served than if the street address were displayed solely on one or more structures on the site.
C. Copy Design Guidelines. The city does not regulate the message content (copy) of signs; however, the following are principles of copy design and layout that can enhance the readability and attractiveness of signs. Copy design and layout consistent with these principles is encouraged, but not required.
1. Sign copy should relate only to the name and/or nature of the business or commercial center.
2. Permanent signs that advertise continuous sales, special prices, or include phone numbers, etc., should be avoided.
3. Information should be conveyed briefly or by logo, symbol, or other graphic manner. The intent should be to increase the readability of the sign and thereby enhance the identity of the business.
4. The area of letters or symbols should not exceed forty percent of the background area in commercial districts or sixty percent in residential districts.
5. Freestanding signs should contain the street address of the parcel or the range of addresses for a multi-tenant center.
D. Sign Lighting. Sign lighting shall be designed to minimize light and glare on surrounding rights-of-way and properties.
1. External light sources shall be directed and shielded so that they do not produce illumination or glare off the site, on any object other than the sign.
2. Sign illumination shall not blink, flash, flutter, or change light intensity, brightness, or color.
Downloaded from https://ecode360.com/CO4398 on 2026-05-21
3. Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.
4. Neither the direct nor reflected light from primary light sources shall create hazards for pedestrians or operators of motor vehicles.
5. Light sources shall utilize hard-wired lighting technology that is energy efficient. Incandescent lamps shall be prohibited.
E. Maintenance of Signs.
1. Each sign and supporting hardware, including temporary signs, shall be maintained in good repair and functioning properly at all times.
2. Any repair to a sign shall be of materials and design of equal or better quality as the original sign.
3. A sign that is not properly maintained and is dilapidated is a public nuisance, and may be abated in compliance with the municipal code.
4. When an existing sign is removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed.
§ 17.38.060. Zoning district sign standards.
Each sign shall comply with the sign type, area, height, and other restrictions provided by this section, in addition to the provisions of Section 17.38.070, Standards for specific sign types.
A. Low Density and Neighborhood Zones. Each sign in the RR, RVL, NL, NM, or NU zoning districts shall comply with the requirements in Table 3-11.
Table 3-11
Sign Standards for Low Density and Neighborhood Zones
Allowed Sign Types Maximum Sign Height
Maximum Number of
Signs Allowed per
Parcel
Maximum Sign Area
Allowed per Parcel
Wall or freestanding Wall signs: below edge
of roof; Freestanding:
4 ft.
1 of either allowed sign
type per street frontage
12 sq. ft. maximum
each; 24 sq. ft. total for
all signs
B. Mixed Use Corridors and Districts. Each sign in the TOC, CG, CE, OSC, OSR, CD, and CI zoning districts and all properties within an adopted Specific Plan shall comply with the requirements in Table 3-12.
Downloaded from https://ecode360.com/CO4398 on 2026-05-21 Figure 3-15. Examples of Sign Types
Downloaded from https://ecode360.com/CO4398 on 2026-05-21 Table 3-12
Sign Standards for Mixed Use Corridors and Districts
Allowed Sign Types Maximum Sign Height Maximum Number of Signs Allowed per Parcel Maximum Sign Area Ground-mounted and Ground-floor Signs
Awning
Freestanding
Projecting, Wall
Directory
Below roof(1)
6 ft.
Below roof(1)
Single tenant site or structure: 3 of any
combination of allowed sign types per primary
structure frontage.
1 of any allowed sign type per secondary
frontage.
Site or structure with 4 or more tenants:
1 of any allowed sign type per business frontage.
A site with multiple tenants shall accommodate all
tenants on any monument sign serving that site.
1 directory sign not to exceed 12 sq. ft. is also
allowed to identify individual occupants of multitenant locations.
Maximum sign area per parcel. The total sign area of all signs on a parcel shall not exceed the following:
1. 1 sq. ft. for each linear ft. of primary building frontage;
2. 0.5 additional sq. ft. for each linear foot of secondary building frontage;
3. Each use is allowed a total sign area of at least 25 sq. ft. regardless of frontage length; and
4. The total sign area per use shall not exceed 100 sq. ft.
Maximum sign area per building frontage. The total area of all signs on a single building frontage shall not exceed the total linear feet of that frontage.
Suspended Below eave/ canopy; at least 8 ft.
above a walking surface
Site with 4 or more tenants: is allowed an additional freestanding identification sign of 0.25 sq. ft. for each linear ft. of total primary structure frontage, up to 100 sq. ft. maximum.
Freeway Oriented Wall,
Freestanding or Pole Signs
25-feet 1 Freeway oriented pole sign shall be allowed
per parcel, where allowed by CMC 17.38.070
Up to 50 additional square feet of signage per business may be granted for a freeway oriented sign where allowed by CMC 17.38.070 A site with multiple tenants must accommodate all tenants on any freeway oriented pole or freestanding sign.
Temporary/ Portable See Sections 17.38.070(A) and 17.38.070(G) Window See Section 17.38.070(I)
Other Types As allowed by Section 17.38.070, Standards for specific sign types Second Floor Signs
Awning, Projecting, Wall, Directory Below roof(1) 1 per tenant space 12 sq. ft. for each tenant. 1 directory sign not to exceed 12 sq. ft. is also allowed to identify upper floor occupants.
Window See Section 17.38.070(I)
Notes:
(Ord. 766 § 2 Exh. A (part), 2004; Ord. 823 § 2(C) Exh. C (part), 2009; Ord. 935, 6/24/ 2025)
§ 17.38.070. Standards for specific sign types.
Proposed signs shall comply with the following standards applicable to the specific sign type. Each sign type listed in this section shall be included in the calculation of the total sign area allowed on a parcel by Section 17.38.060, Zoning district sign standards, unless this section explicitly provides otherwise. Each sign shall also comply with the sign area, height, and other requirements of Section 17.38.060, Zoning district sign standards, and all other applicable provisions of this chapter.
A. A-Board and Other Portable Sidewalk Signs. Each business may display one Aboard or other similar portable sign (Figure 3-16) in compliance with the following standards:
Figure 3-16. A-Board Sign
1. Limitation on Location. An A-board sign shall be allowed only on private property.
2. Sign Size. Each sign shall not exceed a width of thirty inches. Sign height shall be limited to forty-eight inches. Sign height shall be measured perpendicular from the placement surface to the highest point of the A-board sign. A-board signs shall be counted as part of the total sign area on a site for the purposes of determining compliance with Section 17.38.060 (Zoning district sign standards).
3. Sign Placement. An A-board sign shall be placed only on private property within the boundaries of the applicable business' street frontage, and shall be positioned so that it will not:
a. Obstruct required ADA sidewalk clearance;
b. Impede any line of sight for motorists at vehicular public right-of-way intersections, as recommended by the city engineer; or
c. Interfere with people exiting and entering parked cars.
4. Design and Construction Standards. A- board sign design and appearance including any graphics and/or text, shall reflect attractive, professional design, and be durable and stable when in place.
5. Stabilization. The sign shall be stabilized to withstand wind gusts or shall be removed during windy conditions.
6. Daily Removal. The sign shall be removed at the close of business each day.
7. Maintenance. The sign shall be continuously maintained in good condition with no peeling paint or other deterioration.
B. Awning Signs. The following standards apply to awning signs (Figure 3-17) in all zoning districts where allowed by Section 17.38.060 (Zoning district sign standards):
Figure 3-17. Awning Sign
1. Signs on awnings are limited to ground level or second story occupancies only.
2. Awnings shall not be internally illuminated. Direct exterior lighting may be allowed. Translucent awning materials are prohibited.
C. Freestanding Signs. The following standards apply to freestanding signs (Figure 3- 18) in all zoning districts where allowed by Section 17.38.060 (Zoning district sign standards):
Figure 3-18. Freestanding Sign
1. Multiple signs shall be separated by a minimum of seventy-five feet to ensure adequate visibility for all signs. The review authority may waive this requirement where the locations of existing signs on adjacent properties would make the seventy-five-foot separation impractical, or there is no other alternative.
2. A sign shall not project over public property, vehicular easements, or rightsof-way, except as permitted by the review authority, and shall not obstruct a traffic safety sight area, as determined by the review authority.
3. To assist emergency response personnel in locating the site, freestanding signs should contain an illuminated street address plate. Numbers shall be a minimum of six inches in height and shall not be included in calculations of allowed sign area.
D. Freeway-Oriented Signs. A freeway-oriented sign may be approved in compliance with the following requirements:
1. Permit Requirement. Use permit or a Sign permit approval is required for a freeway-oriented sign in keeping with the location and process requirements outlined below.
2. The director may approve a sign permit to allow a freestanding, pole or a buildingmounted freeway-oriented sign:
a. Within the FOD zoning overlay, and
3. The Planning Commission may approve a use permit to allow a freestanding, pole or a building mounted freeway-oriented sign:
a. Within a CI, CG or SPD zoning district;
b. On a parcel on the east side of the Highway 101 freeway having a property line within five hundred feet of the freeway right-of-way; or a parcel on the west side of Highway 101 having a property line within one thousand feet of the freeway right-of-way.
In these cases, the director may approve sign placement on a building façade, pole or monument sign visible from the freeway, with sign height not exceeding the limitations established for such signs, including the top of the wall to which the sign is attached.
4. Required Findings. The approval of a use permit for a freeway-oriented sign shall require that the commission first find that the use or site cannot be adequately identified by other signs allowed within the applicable zoning district, in addition to the other findings required for use permit approval by Section 17.62.050.
E. Murals. A mural placed on the wall of a structure may be allowed in any commercial or industrial zoning district as follows:
1. A mural without text visible from a public right-of-way may be allowed in addition to (not counted as part of) the sign area allowed by Section 17.38.060, Zoning district sign standards; a mural with text shall comply with the sign area limitations applicable to the site.
2. Murals that illustrate the local setting and history as sources of inspiration are encouraged.
3. The size, colors, and placement of the mural shall be visually compatible with the structure architecture, and the mural shall serve to enhance the aesthetics of the city.
F. Projecting Signs. The following standards apply to projecting signs (Figure 3-19) in all zoning districts where allowed by Section 17.38.060 (Zoning district sign standards):
Figure 3-19. Projecting Sign
1. The maximum projection of a sign from a structure wall over a public right- of-way shall not exceed thirty-six inches over a sidewalk. Larger projections from the structure wall over private property may be approved by the review authority. Any projection over a public right-of-way shall require an encroachment permit.
2. The top of a projecting sign shall not exceed the lesser of fourteen feet, eave height, parapet height, or sill height of a second floor window. No portion of the sign shall project above the eave line of a sloped roof or the top of the parapet on a flat roof.
3. A projecting sign shall maintain a minimum clearance of eight feet from the bottom of the sign to the finished grade below.
4. Icon signs using shapes or symbols uniquely suited to the business, creative shapes, and three-dimensional signs are encouraged. See Figure 3-20.
Figure 3-20. Use of Icons/Symbols
5. Each sign shall be graphically designed for pedestrians, with a maximum area of nine square feet on each sign face, regardless of the length of the building frontage.
6. Sign supports shall be well-designed and compatible with the design of the sign.
G. Commercial Temporary Signs. The following temporary commercial signs are allowed within the TOC, CG, CE, OSC, OSR, CD, and CI zoning districts and all properties within an adopted Specific Plan subject to the applicable requirements:
1. Banners and Pennants. Temporary banners and pennants on private property shall comply with the following requirements:
a. The use of a banner or pennants may be allowed only for a licensed business for a total of thirty days each year. Each business and event is also allowed the one-time use of a banner for either the first thirty days after the commencement of the business, or during all days of a permissible sales event.
b. The application for a temporary sign permit for banners or pennants shall include the dates proposed by the applicant for scheduled banner use. c. A bond shall be posted for a banner permit as required by the director.
The bond may be called if the temporary banners are not removed within two days after the date when the permit required their removal. d. Shall be located on the same property as the business being advertised or where the event is occurring.
2. Off-Site Signs. Because of the city's compelling interest in ensuring traffic safety and the city's interest in improving public convenience, off-site signs may be allowed on private property in compliance with the requirements of this subsection, with a sign permit.
a. Where Allowed. An off-site sign for commercial purposes may be approved within the TOC, CG, CE, OSC, OSR, SPD, CD, and CI zoning districts and all properties within an adopted Specific Plan, only on sites where:
i. The review authority determines that a property owner has taken advantage of all permanent signs allowed by this chapter, and site visibility remains seriously impaired; and
ii. The structure which houses the business that is the subject of the sign message is on a parcel that is located more than one hundred fifty feet from a predominant public street frontage, the site is developed with all other signs allowed by this chapter, and the business entry and the other exterior signs allowed for the site by this chapter are not visible from the predominant public street. The "predominant public street" is the major vehicular route that provides access to the site and surrounding area; and
iii. Visibility of signage on the receiving parcel is not impaired, required landscape area is not removed or damaged, and off-site signage is integrated into the receiving parcel signage to every extent possible.
For purposes of this section, "receiving parcel" means the parcel on which the off-site sign will be located.
b. Sign Standards. An approved off-site sign shall comply with all the following requirements and the sign standards for the applicable zoning district in Section 17.38.060, Zoning district sign standards:
i. Number, Size, and Height Limitations. Only one off-site freestanding sign shall be allowed. The sign shall not exceed a height of eight feet.
ii. Design and Construction Standards. The appearance of the sign, including any graphics and/or text, shall reflect attractive, professional design, and the sign shall be durable and stable. iii. Placement Requirements. The sign shall be placed only on private property, at the location specified by the sign permit.
H. Wall Signs. The following standards apply to wall signs (see Figure 3-21) in all zoning districts where allowed by Section 17.38.060 (Zoning district sign standards):
Figure 3-21. Wall Sign
1. Sign Location. A wall sign may be located on any primary or secondary structure frontage.
2. Projection from Wall Surface. A wall sign shall not project more than twelve inches from the surface to which it is attached.
F. Window Signs. The following standards apply to permanent window signs (see Figure 3-22) where allowed by Section 17.38.060 (Zoning district sign standards):
Figure 3-22. Window Sign
1. Sign Location. Window signs shall be allowed only on windows located on the ground level and second story of a structure frontage.
2. Maximum Sign Area. Permanent window signs shall not occupy more than twenty percent of the total window area.
3. Sign Materials. Window signs shall consist of individual letters, logos, or symbols applied to, stenciled on, or etched into the glass surface; however, neon signs with transparent backgrounds may be hung inside the window glass.
4. Temporary Window Signs. Temporary window signs are prohibited. § 17.38.080. Nonconforming signs.
A nonconforming sign is any permanent or temporary sign that was legally established and maintained in compliance with the provisions of all applicable laws in effect at the time of original installation but that does not now comply with the provisions of this land use code.
A. General Requirements. A nonconforming sign shall not be:
1. Changed to another nonconforming sign;
2. Structurally altered to extend its useful life;
3. Enlarged;
4. Re-established after damage or destruction to fifty percent or more of the value of the sign, or its components, as determined by the building official.
B. Maintenance and Changes. Sign copy and face changes, nonstructural modifications, and nonstructural maintenance (e.g., painting, rust removal) are allowed without a sign permit.
§ 17.38.090. Public nuisance, abatement, and violation.
A. Public Nuisance Declared by Director. Any sign erected or maintained contrary to the provisions of this chapter may be declared to be a public nuisance by the director and proceedings for its removal may take place in compliance with the municipal code.
B. Public Nuisance Declared by Council. The director may ask the council to declare a sign a public nuisance under the following conditions:
1. The sign is significantly damaged either in support structure or sign face, as determined by the building official;
2. The sign is illegible either through erosion, fading, or rusting of the sign face or through faulty or missing illumination; or
3. The sign is unsafe for pedestrians or vehicles.
C. Removal of Abandoned Sign. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business that it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the director shall give the owner thirty days' written notice to remove it. Upon failure to comply with the notice, the director may have the sign removed at the owner's expense.
D. Violations.
1. Any of the following is a violation of this chapter and subject to all penalties and procedures identified in Chapter 17.89 (Enforcement and Penalties) and the municipal code.
a. To create, erect, install, or maintain any sign in a way that is inconsistent with any plan or permit governing the sign or the parcel on which the sign is located;
b. To fail to remove any sign that is created, erected, installed, or maintained in violation of this chapter or for which the sign permit has lapsed.
2. Each sign created, erected, installed, or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions of Chapter 17.89 (Enforcement and Penalties) of this title.
3. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of Chapter 17.89 (Enforcement and Penalties) of this title.
§ 17.38.100. Appeal.
After denial of an application for a sign permit, the applicant may appeal that action in compliance with Chapter 17.84 (Appeals) of this title. The review authority shall act to grant or deny the appeal within sixty days of receipt of the request for review/appeal. § 17.38.110. Judicial review.
Any permit issued or denied in compliance with this chapter shall be subject to expedited judicial review to the extent provided by the time limits identified in Code of Civil Procedure Section 1094.8 et seq.
SECTION 10: Amendment to the Cotati Municipal Code. Section 17.42.130 Outdoor displays and sales. B, is amended to read as follows (excerpt):
B. Temporary Outdoor Displays and Sales. Businesses in the CI zoning district shall be permitted to hold three (3) day seasonal or promotional sales events including the outdoor display and sales of merchandise up to a maximum of four (4) times per year, subject to the following requirements and conditions. For all other temporary outdoor displays and sales see Section 17.62.030 (Limited term permit) of this title.
SECTION 11: Amendment to the Cotati Municipal Code. Section 17.42.130 Outdoor displays and sales. C. 1., 2. and 6. are amended to read as follows (excerpt):
1. The outdoor display of merchandise shall not exceed a height of six feet above natural grade, unless a greater height is allowed through permit approval.
2. Outdoor display and sales areas shall not encroach into required setback areas or the public rightof way. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of ten feet from adjoining property lines unless otherwise allowed through permit approval.
3. An outdoor display or sales area shall not entitle a site to additional signs, beyond those allowed by Chapter 17.38 (Signs) of this title.
SECTION 12: Amendment to the Cotati Municipal Code. Section 17.62.030 Limited Term Permit is amended to read as follows:
§ 17.62.030Limited term permit.
A. Purpose. This section establishes procedures for the granting of limited term permits for short-term activities.
B. Applicability. A limited term permit allows the short-term activities listed in subsection E of this section, that may not comply with the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. This section does not apply to weekly or otherwise frequently recurring farmers markets, which are instead subject to use permit approval as required by Section 17.22.020, Tables 2-2 and 2-3 (Allowable Land Uses) or to seasonal or promotional sales events in the CI Zoning District, which are instead subject to the requirements of Section 17.42.030 B.
C. Review Authority. A limited term permit may be approved or denied by the director, in compliance with this section.
D. Exempt Temporary Uses and Activities. The following temporary uses and activities are allowed without obtaining a limited term permit. Temporary activities that do not fall within the following categories shall comply with subsection E of this section:
1. Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities;
2. Garage Sales. Garage sales, not to exceed three per year, and two consecutive days for each sale;
3. Public Property, or Public Right-of-Way. Activities conducted on public property that are approved by the council or as otherwise required by the municipal code;
4. Fund-Raising Car Washes. Fund-raising car washes, not to exceed six per year, on property within a commercial or industrial zone, or on institutional property;
5. Tents and Similar Temporary Structures. A tent or similar temporary structure; provided, that it is located on a site for a maximum of seventy-two consecutive hours, by the end of which it shall be entirely removed from the site. No site shall have a tent or similar temporary structure more than two times per year.
6. Garden stands and produce stands as allowed by Section 17.22.020, Table 2-2[1] (Section
17.22.020) (Allowable Land Uses).
7. Seasonal or promotional sales events in the CI zoning district, as allowed by Section
17.42.130 B.
[1] Editor's Note: Table 2-2 is included as an attachment to this title E. Temporary Uses Allowed with a Limited Term Permit. A limited term permit may authorize the following temporary activities within the specified time limits. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.
1. Events. Arts and crafts exhibits, carnivals, circuses, concerts, fairs, festivals, flea markets, food events, outdoor entertainment/sporting events, rodeos, rummage and second hand sales, and swap meets for up to seven consecutive days, or six three-day weekends, within a twelve-month period, allowed only on property within the CE, CG, CD, SPD, CI, IG, and PF zoning districts.
2. Location Filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the director, but not to exceed twelve months.
3. Model Homes and Temporary Real Estate Sales Offices. One or more model homes within a subdivision, including a temporary real estate sales office, may be authorized prior to the completion of a multifamily residential project and/or residential subdivision in compliance with the following standards:
a. A paved, off-street parking lot with two spaces per model home unit, handicapped parking in compliance with Section 17.36.060 (Disabled/handicapped parking requirements) of this title, and landscaping shall be provided. The review authority may allow the use of on-street parking in lieu of a parking lot where it is demonstrated that two spaces per model home can be accommodated immediately in front of the model home; no parking spaces will be located in front of an occupied residence; and handicapped accessibility to the sales office in compliance with Section 17.36.060 of this title will be maintained. b. Individual utility connections shall be provided to each model home. c. The sales office, any structure not incompliance with applicable setback requirements, and any off-street parking shall be converted back to residential use and/or removed prior to the issuance of the certificate of occupancy or within fourteen days from the sale of the last lot in the subdivision, whichever occurs first.
d. Landscape and irrigation plans shall be reviewed as part of the limited term permit, and all model home landscaping shall comply with Chapter 17.34 (Landscaping Standards) of this title. No irrigation shall cross a property line.
e. The model home or temporary real estate office shall be used only to sell units within the subdivision within which model home is located.
f. All required permits (e.g., tentative map, hillside development permit, grading permit, etc.) shall be secured prior to commencing any work.
4. Seasonal Sales Lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on nonresidential properties, for up to thirty-five days.
5. Construction yards—Off-site. Off-site contractors' construction yards, including a work trailer in conjunction with an approved construction project or material staging. The limited term permit shall expire and the construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.
6. Pop-up retail, including general retail, restaurants, entertainment, arts activity, or other similar activity as determined by the Director, for a 12-month period, with up to two one-year extensions, for a maximum of three (3) years, when located within an existing structure(s) or temporary structure(s) (no construction of new permanent structures/facilities).
7. Interim activities on vacant or underutilized sites, when located within an existing structure(s), defined area or temporary structure(s) (no construction of new permanent structures/facilities), including arts activities and general entertainment, or similar activities as determined by the Director, for a 12-month period, with up to two one-year extensions, for a maximum of three (3) years, when conducted on non-residential properties
8. Similar Temporary Activities. A temporary activity that the review authority determines is similar to the other activities listed in this subsection, and compatible with the applicable zoning district and surrounding land uses.
F. Development Standards. The review authority shall establish the following standards based on the type of temporary use, using the requirements of the applicable zoning district and Articles 2 and 3 for guidance:
1. Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;
2. Measures for removal of the activity and site restoration, to ensure that changes to the site do not limit the range of possible future land uses otherwise allowed by this land use code; and
3. Limitation on the duration of approved "temporary structures," to a maximum of one year or as otherwise permitted through a formal extension process, so that they shall not become permanent or long-term structures.
G. Application Filing and Processing. An application for a limited term permit shall be filed and processed in compliance with Chapter 17.60 (Permit Application Filing and Processing) of this title. It is the responsibility of the applicant to establish evidence in support of the findings required by subsection I of this chapter.
H. Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this land use code.
1. Public Notice and Meeting. Prior to a decision on a limited term permit, the director shall hold a public meeting. The city shall provide notice of the public meeting in compliance with the following:
a. Contents of Notice. The notice shall include the following information and any additional information determined by the director to be appropriate:
i. Meeting Information. The date, time, and place of the meeting, and the name of the meeting body or officer; the phone number and street address of the department where an interested person may call or visit to obtain additional information; and ii. Project Information. A general explanation of the matter to be considered; and a general description, in text and/or by diagram, of the location of the real property that is the subject of the meeting.
b. Method of Notice Distribution. Notice shall be mailed or delivered at least 10 days prior to the date of the meeting to the following:
i. Owners of the Project Site. The owners of the property being considered in the application; and
ii. Affected Owners and Occupants. All owners and occupants of real property as shown on the latest county equalized assessment roll, within a radius of 500 feet from the exterior boundaries of the parcel that is the subject of the meeting.
I. Findings and Decision. A limited term permit may be approved only after the review authority first finds that the requested activity complies with the development standards in subsection F of this section, and therefore, that the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity.
J. Post Approval Procedures. The procedures and requirements in Chapter 17.64, Permit Implementation, Time Limits, and Extensions, and those related to appeals in Chapter 17.84, Appeals, shall apply following the decision on a limited term permit application.
1. Condition of the Site Following Temporary Activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, and other evidence of the temporary activity on completion or removal of the activity and shall thereafter be used in compliance with the provisions of this land use code.
2. Performance Security for Temporary Structures. Prior to issuance of a limited term permit them applicant shall provide performance security in a form and amount acceptable to the review authority to guarantee removal of all temporary structures, cleanup and restoration of the site within thirty days following the expiration of the limited term permit.
SECTION 13: Rezoning of Certain Parcels and Amendment to the Cotati Zoning Map.
The zoning map of the City of Cotati is amended to rezone 15 parcels to the FOD Overlay, maintaining the Commercial Industrial (CI) based zone and to reaffirm the Cotati General Plan designation of Commercial Industrial. Specifically, 141 Helman Ln (144-020-004); 159 Helman ln (046-281-003); 7911 Redwood Dr (144-020-005); 7611 Redwood Dr (144-010-086 & 144-010-084); 7601 Redwood Dr (144-010-084); 425 Houser St (144-010-037); 412 Houser St (144-010-093); 432 Houser St (144-010-092); 407 Aaron St (144-010-030); 410 Aaron St (144-010-029); 415 Portal (144-010-016); 6819 Redwood Dr (144-010-011); 6515 Redwood Dr (144-010-013); & 6811 Redwood Dr (144-010-012) are rezoned to add the FOD Zoning Overlay to their existing CI Zoning designation.
SECTION 14: 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 15: Effective date.
This ordinance shall take effect thirty (30) days after its adoption pursuant to the California Government Code.
SECTION 16: Publication.
The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.
Approved:
Mayor
and has been published or
Attest:
Kevin Patterson, City Clerk
Approved as to form:
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number posted pursuant to law. California Government Code § 40806 Kevin Patterson, City Clerk