The zoning districts have been designed to express a transect, or continuum of population density and building intensity that ranges from the most rural to the most urban physical conditions within the city of Cotati. This transect of zones enables this land use code to allocate building types, street types, and other aspects of urban design, development, and land use to the zones that are most appropriate for them based on their density and intensity.

The majority of zones provided in this chapter are intended to accommodate a diverse mixture of land uses and housing types, with the particular mix allowed in each zone being based on the relative position of the zone within the rural-to-urban transect (Table 2-1 shows the position of each zone within the transect).

The zones provided by Table 2-1 also include several districts, which are intended to be applied to areas of the city that have more limited purposes than the other mixed use zones, and focus on a more limited range of land use types (for example, industrial uses).

Where zoning district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries;

If a zoning district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be determined by using the scale appearing on the zoning map; and

Where a public street or alley is officially vacated or abandoned, the property that was in the street or alley will be included within the zoning district of the adjoining property on either side of the street or alley.

OSC (Open Space, Conservation) Zoning District. The OSC zoning district is applied to properties that have been designated for the preservation of natural and scenic resources and a distinct community identity. Development is limited to structures that support the open space features being conserved, and caretaker quarters. The OSC zoning district is consistent with and implements the open space land use designation of the general plan.

OSR (Open Space, Recreation) Zoning District. The OSR zoning district is applied to land in public ownership that is either used or intended for community recreational purposes, and areas of important aesthetic, historical, or public health and safety significance. Appropriate uses include park, recreational, and cultural facilities. The OSR zoning district implements and is consistent with the parks land use designation of the general plan.

RR (Rural Residential) Zoning District. The RR district is applied to areas appropriate for agricultural uses such as orchards and vineyards, grazing, and low density residential uses, where proposed development and agricultural uses maintain existing natural vegetation and topography to the maximum extent feasible. The maximum allowable density ranges from one dwelling unit per one and one-half acres, to one unit per acre, with the specific allowable density for each parcel shown on the zoning map by a numerical suffix to the RR map symbol (see Section 17.24.020, Zoning district subdivision and density standards) of this title. The allowable intensity of nonresidential land uses is determined by Section 17.24.030 (Zoning district site planning and building standards). The RR zoning district is consistent with and implements the rural land use designation of the general plan.

RVL (Residential Very Low Density) Zoning District. The RVL zoning district is applied to areas appropriate for low density areas of detached single-family homes. The maximum allowable density ranges from one dwelling unit per 0.66 acres, to one unit per one-half acre, with the specific allowable density for each parcel shown on the zoning map by a numerical suffix to the RVL map symbol (see Section 17.24.020, Zoning district subdivision and density standards) of this title. The allowable intensity of nonresidential land uses is determined by Section 17.24.030 (Zoning district site planning and building standards). The RVL zoning district is consistent with and implements the low density residential land use designation of the general plan.

NL (Neighborhood, Low Density) Zoning District. The NL zoning district is applied to areas developed with and appropriate for neighborhoods of detached and attached single-family homes, and duplexes, including limited neighborhood retail uses and related, compatible uses. The maximum allowable density is six dwelling units per acre. The allowable intensity of nonresidential land uses is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title. The NL zoning district is consistent with and implements the low-medium density land use designation of the general plan.

NM (Neighborhood, Medium Density) Zoning District. The NM zoning district is applied to areas appropriate for a variety of housing types, including small lot single-family housing, and various types of multifamily housing (for example, duplexes, townhouses, and apartments), limited neighborhood retail uses, and related, compatible uses. The maximum allowable density is ten dwelling units per acre. The allowable intensity of non-residential land uses is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title. The NM zoning district is consistent with and implements the medium density residential land use designation of the general plan.

NU (Neighborhood, Urban) Zoning District. The NU zoning district is applied to areas appropriate for a variety of higher-density housing types, including all types of multifamily housing, neighborhood serving commercial uses, and related compatible uses. The maximum allowable density is fifteen dwelling units per acre. The allowable intensity of nonresidential land uses is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title for the applicable zoning district. The allowable intensity of nonresidential land uses is determined by Section 17.24.030 (Zoning district site planning and building standards). The NU zoning district is consistent with and implements the high density residential land use designation of the general plan.

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

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

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

CI (Commercial/Industrial District) Zoning District. The CI zoning district is applied to areas appropriate for a mixture of retail, service, large-scale office, light industry uses, warehousing and live/work units. The allowable intensity of development is determined by Section 17.24.030 (Zoning district site planning and building standards). The CI zoning district is consistent with and implements the commercial/industrial land use designation of the general plan.

IG (General Industrial District) Zoning District. The IG zoning district is applied to areas appropriate for a wider variety of land uses that are more land-intensive manufacturing uses than allowed in the CI district. These include manufacturing, warehousing, assembly, and live/work units. The allowable intensity of development is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title. The IG zoning district is consistent with and implements the general industrial land use designation of the general plan.

Historic Core (HC). The historic core district implements the downtown specific plan general plan designation and includes the portions of the Cotati downtown located south of La Plaza along both sides of Old Redwood Highway to the southern plan boundary. This area is intended to maintain its smaller scale pedestrian orientation, with building facades located primarily at the back of the public sidewalk. The historic character of existing buildings is to be preserved, and new buildings are to be designed to be compatible with the historic character. The allowable residential density is up to twelve units per acre. Allowable land uses include ground floor commercial facing Old Redwood Highway Office and residential uses may be permitted above or on the ground floor on other streets as shown in the regulating plan and consistent with the city of Cotati zoning code. Facade renovation and/or restoration is encouraged. The HC district is subject to the applicable historic code regulations of the city's land use codes.

La Plaza (LP). The La Plaza district implements the downtown specific plan general plan designation and includes the historic La Plaza Park, and properties along La Plaza Street surrounding the original park site. Policies and programs related to restoration and enhancement of the park facilities are included in the specific plan. The allowable residential density is up to nineteen units per acre. Properties around the park are intended to provide for small-scale ground floor retail with some office and restaurant uses that are highly compatible with the residential above, emphasizing opportunities for business operators to live above their workspaces. Buildings are intended to emphasize small-scale ground floor pedestrian oriented storefronts or frontages, with upper floor office or residential uses. The LP district is subject to the applicable regulations of the city's land use codes.

Northern Gateway (NG). The Northern Gateway district implements the downtown specific plan general plan designation and includes properties on both sides of Old Redwood Highway north of the La Plaza district to the southern boundary of the Commerce Avenue district. This area is intended for a new mixed-use core, accommodating a wide variety of retail, restaurants and entertainment uses, with offices and primarily residential above. The allowable residential density is up to nine units per acre. Buildings are intended to emphasize ground floor pedestrian-oriented storefronts, with upper floor office or residential uses. The NG district is subject to the applicable regulations of the city's land use codes.

Commerce Avenue (CA). The Commerce Avenue district implements the downtown specific plan general plan designation and includes properties on the east side of Old Redwood Highway across from the Highway 101 right-of-way and up to the north city limits adjacent to the entrance to Highway 101. This area is intended to accommodate a variety of land use types ranging from automobile-oriented uses that serve the traveling public, to retail, office and residential uses. The allowable residential density is up to twelve units per acre. These regulations are to encourage pedestrian-oriented site and building design, but the area can also accommodate automobile-oriented development. The CA district is subject to the applicable regulations of the city's land use codes.

Establishment of an Allowable Use.

Use Not Listed.

Similar and Compatible Use May Be Allowed. The director may determine that a proposed use not listed in this chapter is allowable as follows:

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;

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

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

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

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

The use, activity or structure is established and operated in compliance with the setback requirements, height limits, and all other applicable standards of this article, Article 3, (Site Planning, Design, and Operational Standards), and, where applicable, Chapter 17.82 (Nonconforming Uses, Structures, and Parcels) of this title; and

Any permit or approval required by regulations other than this land use code is obtained (for example, a building permit).

Decks, Paths and Driveways. Decks, platforms, on-site paths, and driveways that are not required to have a building permit or grading permit. (Otherwise exempt paved surfaces will still be counted as part of allowable site coverage.)

Fences and Walls. See Section 17.30.030 (Fences, walls, and screening) of this title.

Interior Remodeling. Interior alterations that do not increase the gross floor area of the structure, change the permitted use of the structure, or include any change to an exterior feature of the structure.

Repair and Maintenance.

Small, Portable Residential Accessory Structures. A single portable structure of one hundred twenty square feet or less per lot or unit, including premanufactured storage sheds and other small structures in residential zoning districts that are exempt from building permit requirements in compliance with the municipal code and the Uniform Building Code. Additional structures may be approved in compliance with Section 17.42.160 (Residential accessory uses and structures) of this title, where allowed by the applicable zoning district.

Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not: exceed one hundred twenty square feet in total area including related equipment; contain more than two thousand gallons of water; or exceed three feet in depth.

Common Yard. The building facade is substantially set back from the frontage line. The resulting front yard should remain unfenced and be visually continuous with adjacent yards. A front porch is optional, but is preferred in the NL, NM, and NU zones, and may be required by the review authority.

Porch. The building facade is set back from the frontage line behind a porch, which may encroach into a required front setback as allowed by the applicable zone. A low fence or wall at the property line may be used to define the private space of the yard. A variety of porch designs are acceptable, provided that each porch has a minimum depth of eight feet.

Forecourt. The building facade is aligned close to the frontage line with a portion of the facade set back. The resulting forecourt is suitable for gardens, restaurant seating, or an entry plaza. This type should be used sparingly and in conjunction with the types in subsections (A)(4) through (A)(6) of this section, as an extensive setback deters pedestrians. Trees within forecourts should be placed to have their canopies overhang the street sidewalk. A low wall may also be placed at the property line.

Stoop. The building facade is placed close to the frontage line with the ground floor elevated a minimum of twenty-four inches above the sidewalk. This type is suitable for ground-floor residential uses with minimal setbacks.

Shopfront. The building facade is placed at or close to the frontage line with the entrance at sidewalk grade. This type is intended for retail use, and is commonly equipped with an awning. An awning that extends over the sidewalk requires an encroachment permit.

Gallery. The facade of a building with an attached colonnade. Balconies and space above the colonnade may, with council approval, encroach over the sidewalk while the ground floor is built to the lot line. This type is intended for retail use, but only when the sidewalk is fully covered by the arcade so that a pedestrian cannot bypass it. An encroachment permit approved by the council is required for any portion of the structure that extends over or (in the case of columns) are placed within the right-of-way.

No more than fifty percent of the tenant spaces within the subject building are occupied by uses otherwise restricted to upper floors;

The remainder of the tenant spaces in the building are occupied primarily by retail and/or restaurant uses; and

The facade design of the building that will accommodate the use contributes to the visual interest and pedestrian orientation of the street;

Or, instead of the above conditions, the review authority determines that the subject tenant space has been vacant for sixty days or longer.

A driveway that is necessary because no side street, alley, or easement can provide access to required parking on the rear of the lot;

The initial phases of a multi-phased building project that will occupy the entire frontage upon completion;

A building with the forecourt frontage type in compliance with Section 17.24.040 (Building frontage type requirements) of this title;

A multiple building project proposed with a pedestrian-only plaza occupying a portion of the street frontage;

A pedestrian corridor; or

A view corridor to on- or off-site natural features, or pedestrian areas on the rear portions of the site.

Formula Design Prohibited. The architectural style and exterior materials of each proposed structure shall be designed based upon the architectural traditions of Cotati and Sonoma County, the architectural styles prevalent in the site vicinity, and the characteristics of the site, as determined by the review authority. The review authority shall not approve a building proposed with architectural features substantially similar to those found in other communities on buildings operated by the same corporate or franchise entity, unless the review authority determines that the similar features are also reflective of local architectural traditions and styles.

Elevation of First Floor. At least seventy-five percent of the street fronting length of the first habitable floor of a nonresidential structure shall be located no more than two vertical feet above or below the sidewalk elevation at any point along the street property line.

Facade Articulation. To encourage visual continuity and pedestrian activity, at least sixty percent of the total street frontage ground floor length of any new or reconstructed building shall be differentiated architecturally by recessed windows and entries, display windows, offset surfaces, differentiated piers and columns, offset planes, textured materials, awnings, or other details or displays of interest to pedestrians.

Windows. Clear, untinted glass shall occupy at least eighty percent of the ground-floor, street-fronting facades of each building, to allow maximum visual interaction between sidewalk areas and the interior of buildings. Mirrored, reflective glass or tinted glass shall not be used except as an architectural or decorative accent. After installation, clear glass windows shall not later be treated or so as to become opaque, or to be blocked so as to prevent visibility of the ground floor interior from the sidewalk.

Railings and Decorative Grilles. Any decorative railing or grille work that is placed behind street level windows shall be at least seventy-five percent open to perpendicular view and no more than six feet in height above grade. No security gate or grille shall be installed on the exterior of any structure.

Upper Story Design Features. A minimum of fifty percent of the building frontage width above the first story shall be differentiated by recessed windows, balconies, offset planes, or other architectural details that provide dimensional relief.

Parapets. A parapet extension of a storefront on a street-fronting facade shall be incorporated and integrated into the design of the building on all publicly visible facades and frontages, and not be limited to street-fronting facades.

Allowable Land Uses. After master plan approval, any land use normally allowed in the primary zoning district by this chapter may be allowed within the CP overlay zone, except to the extent that uses otherwise allowed within the primary zoning district are limited by the terms of an approved master plan.

Planning Permit Requirements. After the approval of a master plan in compliance with subsection F of this chapter and initial site development and occupancy in compliance with the approved master plan, subsequent development and new land uses within the CP overlay zone shall obtain the planning permits required by this chapter for the primary zoning district.

Site Planning and Project Development Standards. Development and new land uses within an overlay district shall comply with all applicable development standards of the primary zoning district, and all applicable standards established by the approved master plan.

Conflicting Standards. Any perceived conflict between the provisions of this chapter and any other provision of this land use code shall be resolved in compliance with Section 17.10.040(D) of this title.

Purpose. The master plan process provides for the review of initial parcel development in relation to surrounding parcels and ownerships in the same district, on parcels where sensitive site characteristics, general plan policies, complex and/or multi-use projects, require comprehensive review by the city, including planning commission input, and a final decision by the city council.

Review Authority. A master plan shall be approved or disapproved by the council after review and a recommendation by the commission.

Application Filing and Processing. An application for a master plan shall be completed, filed and processed as follows, and as provided by Chapter 17.60 (Permit Application Filing and Processing) of this title:

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.

Findings and Decision. The review authority may recommend or approve a master plan only after first finding all of the following:

Conditions of Approval. In approving a master plan, the review authority may impose any reasonable conditions to ensure that the approval will comply with the findings required by subsection (F)(5) of this section.

A mobilehome park is the only land use type listed in Section 17.22.020 (Allowable land uses and planning permit requirements) that may be allowed on a site designated with the MHP overlay. A mobilehome park shall be authorized by the planning permit required for a mobilehome park by the primary zoning district and shall be designated as all ages or senior upon its development.

One hundred percent of the spaces or mobilehomes in mobilehome parks in the MHP-S overlay zone shall be occupied by at least one person fifty-five years of age or older. This senior occupancy requirement does not apply to or affect ownership of a mobilehome space or unit. As long as at least one occupant of a mobilehome in a senior mobilehome park is fifty-five years of age or older, the senior occupancy requirement is satisfied as to that space or mobilehome, whether or not the owner of the mobilehome is fifty-five years of age or older.

The signage, advertising, park rules, regulations, rental agreements, and leases for spaces in a senior mobilehome park in the MHP-S overlay zone shall state that the mobilehome park is a senior mobilehome park and specify that spaces or mobilehomes are only available for rent or lease by individuals such that at least one occupant of the space or mobilehome is fifty-five years of age or older.

Spaces and mobilehomes in a mobilehome park in the MHP-S overlay zone shall be leased or rented only to occupants who will not cause the requirements of subsection (C)(2) of this section to be violated. If the occupants of a space or mobilehome, who cause the requirements of subsection (C)(2) of this section to be violated, rented or leased the space or mobilehome before the effective date of the ordinance codified in this section, the occupants shall be allowed to remain; provided, that when such occupants cease to occupy a space or mobilehome in the senior mobilehome park, the space or mobilehome cannot thereafter be rented or leased except to occupants who will not cause the requirements of subsection (C)(2) of this section to be violated.

Each senior mobilehome park in the MHP-S overlay zone shall conduct an annual occupant age verification to ensure that it qualifies as a senior facility under applicable federal and state law, and this section, including collection of documentation establishing that one hundred percent of the occupied mobilehomes or spaces in the mobilehome park are occupied by at least one resident who is fifty-five years of age or older in accordance with subsection (C)(2) of this section. The verification process shall include surveys, affidavits, or other means of updating the initial information supplied by the occupants of the mobilehome park. A summary of this occupant age verification documentation is required to be filed with the city annually.

The owner or operator of each mobilehome park in the MHP-S overlay zone shall provide to the city an annual certification that the senior mobilehome park is in compliance with the senior occupancy requirement of this section, in substantially the following form:

The deadline for filing the annual age verification and certification with the city shall be the date of fee collection and/or filings pursuant to the city's mobilehome rent stabilization program as specified in Section 19.14.075(B).

If the operator or owner of a senior mobilehome park in the MHP-S overlay zone fails to comply with the obligations set forth in subsections (E)(1) through (E)(3) of this section, or if the city chooses to conduct age verification of a senior mobilehome park itself, the city manager or his, her, or their designee is authorized to take all steps necessary to conduct occupant age verification, including but not limited to delegation to the owners of the senior mobilehome park of the obligation to conduct occupant age verification, for the purpose of complying with 24 CFR Section 100.307.

Failure to comply with the requirements of this section shall constitute a violation of the ordinance codified in this section, and subject to enforcement and the remedies provided in Chapters 1.28, 9.100, and 17.89.

Occupants of senior mobilehome parks in the MHP-S overlay zone who believe that potential violations of this section may be occurring shall report such potential violations to the owner or operator of the senior mobilehome park and to the city. The owner or operator of a senior mobilehome park shall immediately investigate any report of a potential violation and shall respond to any potential violation in a timely and proactive manner.

Notwithstanding any other provision in this code that may be to the contrary, if an occupant of a senior mobilehome park believes that the owner or operator of a senior mobilehome park has violated the provisions of this chapter, the occupant shall have the right to file an action for injunctive relief and/or actual damages against such owner or operator of the senior mobilehome park. Likewise, any owner or operator of a senior mobilehome park who believes that an occupant of a senior mobilehome park has violated the provisions of this chapter, the owner or operator of the senior mobilehome park shall have the right to file an action for injunctive relief and/or actual damages against such occupant. In any action brought under this chapter, the court may award reasonable attorney's fees to any prevailing party. Nothing herein is intended to limit the damages recoverable by any party through a private action.