Cotati City Zoning Code
ARTICLE 3
SITE PLANNING, DESIGN, AND OPERATIONAL STANDARDS
§ 17.30.010 Purpose and applicability.
A.
Purpose. This chapter expands upon the zoning district development standards of Article 2 by addressing additional details of site planning, project design, and the operation of land uses. The intent of these standards is to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of stable and desirable character, consistent with the general plan and any applicable specific plan.
B.
Applicability. The requirements of this chapter shall apply to all proposed development and new land uses, except as specified in Chapter 17.82 (Nonconforming Uses, Structures, and Parcels) of this title, and shall be considered in combination with the standards for the applicable zoning district in Article 2 (Community and Project Design) and those in Articles 4 (Standards for Specific Land Uses), and 5 (Resource Management). If there is a conflict between standards, the provisions of Article 3 control over Article 2, the provisions of Article 4 control over Articles 2 and 3, and the provisions of Article 5 control over Articles 2, 3, and 4.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.30.020 Build-to-lines and setbacks.
A.
Purpose. This section explains the applicability of build-to-line requirements established by certain zoning districts in Article 2; and provides standards for the location, required size and allowable uses of setbacks.
1.
Build-to-Lines. A build-to-line specifies the required location of new structures with respect to the street frontages of a site, so that proposed buildings will effectively assist in shaping the public space of streets, to enhance the comfort and convenience of the pedestrian experience.
2.
Setbacks. Setback standards provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation between potentially conflicting activities; and space for privacy, landscaping and recreation.
B.
Build-to-Line Requirements. Each proposed structure shall comply with any build-to-line requirement established by the applicable zoning district by having at least eighty percent of the length of its street-facing facade abutting the build-to-line. The review authority may waive build-to-line requirements for a project with more than one building, where the project street frontage is occupied by one or more buildings in compliance with applicable build-to-line requirements, and secondary buildings are placed on the site to the rear of the front buildings.
C.
Setback Requirements.
1.
Minimum Setbacks for All Structures. Each structure shall comply with the front, interior side, street side, and rear setback requirements of the applicable zoning district, except:
a.
Where a front or street side build-to-line requirement is established by the applicable zoning district, in which case a proposed structure shall instead comply with the build-to-line requirement;
b.
Where a setback requirement is established for a specific land use by Article 4;
c.
In the case of development near a waterway, which shall comply with the setback requirements established by Chapter 17.50 (Watercourse and Riparian Resource Protection) of this title; and
d.
As otherwise provided by this section.
No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line, or into an access easement or street right-of-way, except as provided by this section.
2.
Exemptions from Setback Requirements. The minimum setback requirements of this land use code do not apply to the following:
a.
A building feature that projects into a required setback allowed by subsection F of this section;
b.
A fence or wall six feet or less in height, when located outside of a front or street side setback;
c.
A deck, earthwork, step, patio, freestanding solar device in other than a front setback, or other site design element that is placed directly upon grade and does not exceed a height of eighteen inches above the surrounding grade at any point;
e.
A retaining wall less than thirty inches in height above finished grade.
D.
Measurement of Setbacks. Setbacks shall be measured as follows, except that the director may require different setback measurement methods where the director determines that unusual parcel configuration makes the following infeasible or ineffective. See Figure 3-1.
 |
Figure 3-1. Location and Measurement of Setbacks |
1.
Front Setback. A front setback shall be measured at right angles from the nearest point on the public right-of-way at the front of the parcel (or edge of access easement on a private street) to the nearest point of the wall of the structure, except as follows. The front property line is the most narrow dimension of a lot adjacent to a street.
a.
Developed Residential Block. In a block with a street frontage of three hundred feet or more and six hundred feet or less in the RVL, NL, or NM zoning districts, where fifty percent or more of the parcels along the block face have been improved with structures, the required front setback for a new structure shall be the greater of the following:
b.
Averaging. In the RVL, NL, or NM zoning districts, where fifty percent or more of the parcels on a single block face have been improved with structures at the time of adoption of this land use code, and the front setbacks of the parcels vary in depth up to six feet, the required front setback depth for the applicable zoning district shall not apply, but rather, the required front setback on the block shall be the average depth of the front setbacks of the parcels with existing structures.
c.
Mapped Street with Future Improvements. If the city has established a plan that identifies a right-of-way for the future construction of a new street or the widening of an existing street, a required front or street side setback shall be measured from the line shown on the plan.
d.
Infill Development on a Parcel Within a Previously Approved Project. Where the city has established specific setback requirements for individual single-family residential parcels through the approval of a specific plan, subdivision map, or other entitlement, prior to the effective date of this land use code, those setbacks shall apply to infill development within the approved project instead of the setbacks required by this land use code.
e.
Flag Lot. For a parcel with a fee ownership strip extending from a street or right-of-way to the building area of the parcel, the front setback shall be measured from the nearest point of the wall of the structure to the point where the access strip meets the bulk of the parcel; establishing a setback line parallel to the lot line nearest to the public street or right-of-way. See Figure 3-2.
 |
Figure 3-2. Flag Lot Front Setback |
f.
Corner Lot. The front setback shall be measured from the nearest point of the wall of the structure to the nearest point of the most narrow street frontage property line. If the property lines on both street frontages are of the same length, the property line to be used for front setback measurement shall be determined by the director.
g.
Double-Frontage Lots. A double-frontage lot is considered to have two front lot lines, and a required front setback shall be provided from both front lot lines.
i.
Vehicular access onto a double-frontage lot shall generally be from the street with the lowest existing and projected traffic volumes, but with each proposed building designed so that its primary facade faces the higher volume street.
ii.
The review authority may authorize alternative access locations where appropriate because of localized traffic conditions, and/or nearby residential areas that would be adversely affected by increased traffic.
See Section 17.78.030(F)(5)(b) of this title regarding the limited circumstances where new double-frontage lots are allowed.
2.
Side Setback. The side setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest point of the wall of the structure; establishing a setback line parallel to the side property line, which extends between the front and rear setbacks. See Figure 3-1.
3.
Street Side Setback. The side setback on the street side of a corner parcel shall be measured from whichever of the following points results in the greatest setback from an existing or future roadway:
4.
Rear Setback. The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest line of the structure, establishing a setback line parallel to the rear property line. See Figure 3-1.
a.
In the case of a double-frontage lot, the director shall determine which frontage is the front and which is the rear, for the purpose of measuring front and rear setbacks.
b.
Where a parcel has no rear lot line because its side lot lines converge to a point, an assumed line ten feet long within the parcel, parallel to, and at a maximum distance from the front lot line, shall be deemed to be the rear lot line for the purpose of determining the depth of the required rear setback. See Figure 3-3.
 |
Figure 3-3. Rear Setback on Irregular Lot |
E.
Limitations on the Use of Setbacks.
2.
Storage of Materials. No front or street side setback shall be used for the storage of building materials, scrap, junk, machinery, indoor furniture, or similar materials, except for building materials required during an on-site construction project with a valid building permit.
3.
Vehicle Parking and Storage. No setback shall be used for parking a motor vehicle, recreational vehicle (RV), boat, trailer, farm equipment, or other vehicle, except as provided by Section 17.36.090(A), and except that an operable automobile or truck of one-ton capacity or less, in regular use, may be parked within a paved driveway that serves a single-family residence or two-unit multifamily plex development (duplex). A garage, carport, or any other structure for sheltering a parking space within the RR, RVL, NL, NM, or NU zoning district shall comply with the setback requirements of the applicable zoning district, and the requirements of Section 17.42.160(F)(2).
F.
Allowed Projections into Setbacks. An architectural feature attached to a primary structure may extend beyond the wall of the structure and into a required front, side, or rear setback in compliance with Table 3-1. See also Figure 3-4. These requirements do not apply to accessory structures which are instead subject to Sections 17.42.020 (Agricultural accessory structures) and 17.42.160 (Residential accessory uses and structures) of this title.
Table 3-1 Allowed Projections Into Setbacks | |||
|---|---|---|---|
Projecting Feature | Allowed Projection into Specified Setback | ||
Front Setback | Side Setback | Rear Setback | |
Attached deck, landing, porch, stairway – Uncovered, unenclosed, and less than 30 in. above grade | 5 ft. | May project to property line | May project to property line |
Balcony, attached deck, landing, porch, stoop, stairway – Which may be roofed but is otherwise unenclosed | 5 ft. | 20% of side setback(1) | 20% of setback(1) |
Balcony, attached deck, landing, porch, stairway – Covered and enclosed | Not allowed in setback | ||
Balcony, attached deck, landing, porch, stairway – Uncovered and unenclosed, 30 in. or more above grade | 5 ft. | 36 in.(1) | 5 ft.(1) |
Bay window, or similar projecting feature | 36 in. | 20% of setback(1) | 36 in. |
Chimney/fireplace, 6 ft. or less in breadth | 24 in. | 24 in.(1) | 24 in.(1) |
Cornice, eave, awning, roof overhang | 24 in. | 30 in.(1) | 5 ft.(1) |
Notes: |
|---|
(1) Feature may project no closer than thirty-six inches to any side or rear property line. |
 |
Figure 3-4. Examples of Allowed Projections into Side Setback |
G.
Setback Requirements for Specific Structures.
1.
Accessory Structures. See Sections 17.42.020 (Agricultural accessory structures and uses) and 17.42.160 (Residential accessory uses and structures) of this title.
3.
Detached Decks and Other Site Design Elements. A detached deck, freestanding solar device, steps, terrace, or other site design element that is placed directly upon the grade, and that exceeds a height of eighteen inches above the surrounding grade at any point, shall comply with the setback requirements of this land use code for detached accessory structures.
4.
Swimming Pool, Hot Tub, Etc. A swimming pool, hot tub, or spa on a parcel of ten thousand square feet or less shall be set back a minimum of ten feet from side and rear property lines, and shall not be located within a front setback. A swimming pool, hot tub, or spa on a parcel larger than ten thousand square feet shall comply with the setback requirements of the applicable zoning district. All equipment associated with a pool, hot tub and/or spa on any parcel shall comply with the setback requirements of the applicable zoning district.
(Ord. 927 § 9, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.30.030 Fences, walls, and screening.
A.
Applicability. The requirements of this section apply to all fences and walls unless otherwise stated.
1.
Fences or Wall in Flood Hazard Area. A fence or wall in an area subject to flooding identified on a Federal Flood Insurance Rate Map (FIRM) on file in the department shall require a building permit, and shall comply with all requirements of the city engineer in addition to the requirements of this section.
2.
Exemptions. These regulations do not apply to fences or walls required by regulations of a state or federal agency, or by the city for reasons of public safety.
B.
Height Limits. Each fence, wall, and hedge shall comply with the height limits shown in Table 3-2. A fence or wall with a height greater than six feet shall require design review in compliance with Section 17.62.040 of this title, except for open and wire fencing in the OSC, RR, and RVL zoning districts.
Table 3-2 Maximum Height of Fences, Walls, and Hedges | ||
|---|---|---|
Location of Fence, Wall, or Hedge | Maximum Height | |
Within front or street side setback | Solid wall, hedge, or fencing: 42 in. | |
Open fencing: 42 in. in all zoning districts, except: | ||
a. | Up to 6 ft. is allowed in RR; and | |
b. | From 42 to 66 in. is allowed in RVL with a minor use permit. | |
See also Section 17.30.040(E) (Height limit at street corners) | ||
Within interior side or rear setback – Residential zone | 6 ft.(2) | |
Within interior side or rear setback – Nonresidential zone | 6 ft.(1) | |
Within a zone where no setback is required | ||
20 ft. or more to the rear of a front or street side property line | 6 ft.(1) | |
Within 20 ft. of a front or street side property line | 42 in. for solid wall, hedge, or fencing 6 ft. for open fencing | |
At intersections of alleys, streets, and driveways within sight visibility areas. See 17.30.040(E) (Height limit at street corners). | 3 ft. | |
Outside of a required setback | 8 ft.(1) | |
Notes: |
|---|
(1) An additional two feet of height may be authorized through minor use permit approval. |
(2) A fence or wall up to eight feet in height may be allowed with a minor use permit when the portions above six feet are of an open design (e.g., lattice, wrought iron or grille work). A building permit may also be required. |
C.
Measurement of Fence and Wall Height.
1.
Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material.
2.
The height of fencing atop a wall shall be measured from the base of the wall.
3.
Where the ground elevation within six feet of the base of a fence differs from one side of the fence to the other (as when a fence is placed at the top of a slope or on a retaining wall), the height shall be measured from the side with the lowest natural grade. See Figure 3-5.
 |
Figure 3-5. Fence Height Measurement |
D.
Specific Fence and Wall Requirements.
1.
Fencing Between Different Land Uses. Fencing between different land uses shall be provided in compliance with subsection F of this section.
2.
Outdoor Equipment, Storage, and Work Areas. Nonresidential outdoor uses and equipment adjacent to a residential use shall be fenced and/or screened in compliance with subsection F of this section.
3.
Retaining Walls. Any embankment to be retained that is over forty-eight inches in height shall be benched so that no individual retaining wall exceeds a height of thirty-six inches, and each bench is a minimum width of thirty-six inches.
4.
Swimming Pools, Spas, and Similar Features. Swimming pools/spas and other similar water features shall be fenced in compliance with Uniform Building Code (UBC) requirements, regardless of the other requirements of this section.
5.
Temporary Fencing. Temporary fencing may be necessary to protect archaeological or historic resources, trees, or other similar sensitive features during site preparation and construction. This fencing shall be approved by the director.
E.
Prohibited Materials. The following fencing materials are prohibited in all zones except where they are required by a state or federal law or regulation, and except as noted:
F.
Screening. This subsection establishes standards for the screening and separation of adjoining residential and nonresidential land uses, equipment and outdoor storage areas, and surface parking areas.
1.
Screening Between Different Land Uses. A commercial or industrial land use proposed on a site adjacent to RR, RVL, NR, or NM zoning districts shall provide screening at the parcel boundary as follows. Other nonresidential uses adjacent to a residential use may also be required by the review authority to comply with these requirements.
a.
The screen shall consist of plant materials and a solid, decorative wall of masonry or similar durable material, six feet in height (up to eight feet may be allowed in compliance with subsection B of this section. Openings or pedestrian connections may be required at the discretion of the review authority.
b.
The decorative wall shall be architecturally treated on both sides, subject to the approval of the review authority.
c.
A landscaping strip with a minimum width of five feet shall be installed adjacent to a screening wall, except that ten feet of landscaping shall be provided between a parking lot and a screening wall, in compliance with Section 17.34.050(D)(3)(d) of this title.
d.
The review authority may waive or approve a substitute for the requirements of this subsection (F)(1) if the review authority first determines that:
i.
The relationship of the proposed uses make the required screening unnecessary;
ii.
The intent of this section can be successfully met by means of alternative screening methods;
iii.
Physical constraints on the site make the required screening infeasible; or
iv.
The physical characteristics of the site or adjoining parcels make the required screening unnecessary.
2.
Mechanical Equipment, Loading Docks, and Refuse Areas.
a.
Roof or ground mounted mechanical equipment shall be screened from public view from adjoining public streets and rights-of-way and adjoining areas zoned for residential uses. This equipment includes air conditioning, heating, ventilation ducts, and exhaust vents, loading docks, refuse storage areas, and utility services, electrical transformers, gas meters, etc. See also Section 17.30.042 (Mechanical and utility equipment placement) of this chapter.
b.
The colors, materials, and architectural style of screening shall be architecturally compatible with other on-site development.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.30.040 Height limits and exceptions.
A.
Purpose. This section describes the required methods for measuring the height of structures in compliance with the height limits established by this land use code, and exceptions to those height limits.
B.
Maximum Height of Structures. The height of each structure shall not exceed the height limit established for the applicable zoning district by Article 2 (Community and Project Design), except as otherwise provided by this section, and by Section 17.53.050(E) of this title for hillsides and other sloping lots.
C.
Height Measurement. The maximum allowable height shall be measured as the vertical distance from the natural grade of the site to an imaginary plane located the allowed number of feet above and parallel to the grade. See Figure 3-6. The location of natural grade shall be determined by the director, and shall not be artificially raised to gain additional building height.
 |
Figure 3-6. Height Measurement |
D.
Exceptions to Height Limits. The following structures and structural features may exceed the height limits of this land use code as noted:
1.
Architectural Features. A chimney, cupola, monument, mechanical equipment, or vent may exceed the height limit by a maximum of three feet. Design review approval may allow a spire, theater scenery loft, or tower, to exceed the height limit by eight feet.
2.
Telecommunications Facilities. The height of telecommunications facilities, including antennas, poles, towers, and necessary mechanical appurtenances, shall comply with Chapter 17.44, Telecommunications Facilities.
3.
Mixed Use Structures in CE, CG, and CD. The maximum height of a mixed use structure in the CE, CG, or CD zoning districts may be increased to three stories and forty-five feet if:
E.
Height Limit at Street Corners. Development proposed adjacent to any public or private street or alley intersection in other than the NU, SPD, CD, CE, or CG zoning districts shall be designed to provide a traffic safety visibility area for pedestrian and traffic safety. See Figure 3-7.
1.
Measurement of Visibility Area. A traffic safety visibility area is a triangle measured as follows, and may include private property and/or public right-of-way.
The visibility area shall be defined by measuring thirty-five feet from the intersection of the extension of the front and street side curb lines (or the right-of-way lines where there is no curb) and connecting the lines across the property.
2.
Height Limit. No structure, sign, or landscape element shall exceed thirty-six inches in height within the traffic safety visibility area, unless approved by the city engineer, except for trees with their canopy trimmed to a minimum of eight feet above grade.
 |
Figure 3-7. Required Traffic Safety Visibility Area |
(Ord. 823 § 2(C) Exh; C (part), 2009; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.30.042 Mechanical and utility equipment placement.
Ground-mounted mechanical equipment located outside of a structure shall comply with the setback requirements of the applicable zoning district. Examples of this equipment include: swimming pool pumps and filters, heating, ventilation, and air conditioning, and similar equipment; and transformers, cable television distribution boxes, and similar equipment that is allowed to be installed aboveground. See also Section 17.30.100, Underground utilities.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.30.050 Noise standards.
A.
Purpose. This section implements the policies of the noise element of the general plan, and provides standards for noise mitigation that are intended to protect the community health, safety, and general welfare by limiting exposure to the unhealthful effects of noise.
B.
Applicability. No use, activity, or process shall exceed the maximum allowable noise levels established by this section, except for the following noise sources:
1.
Emergencies. Public safety warning devices (e.g., ambulance, fire, and police sirens), sound for alerting persons to the existence of an emergency, or the performance of authorized emergency work including but not limited to restoring property to a safe condition following a public calamity or work and equipment required to protect persons or property from an imminent exposure to danger or work and equipment by private or public utilities when restoring utility service;
2.
State or Federal Preempted Activities. Any activity regulated by state or federal law;
3.
Public Health and Safety Activities. Construction, maintenance, and/or repair operations by public agencies and/or utility companies or their contractors that are serving public interests, and/or protecting the public health, safety, and general welfare;
4.
Parks. Public agency sanctioned recreational activities and programs conducted in public parks; and
5.
Solid Waste Collection. The authorized collection of solid waste.
C.
Noise Source Standards.
1.
Noise Level Limitations. No use, activity, or process within the city shall generate noise in excess of the levels identified by Tables 3-3 and 3-4, as the noise is measured at the property line of a noise-sensitive land use identified in Tables 3-3 and 3-4.
a.
If the measured ambient noise level exceeds the applicable noise level standard in any category shown in Table 3-3, the applicable standards shall be adjusted to equal the ambient noise level.
b.
If the intruding noise source is continuous and cannot reasonably be discontinued or stopped to allow measurement of the ambient noise level, the noise level measured while the source is in operation shall be compared directly to the applicable noise level standards identified in Table 3-3.
Notwithstanding the above requirements, no person shall allow or cause the generation of any noise of a type, volume, pitch, tone, repetition, or duration that would be found to be a nuisance by a reasonable person beyond the boundaries of the property where the noise is generated.
Table 3-3 Maximum Allowable Noise Level by Receiving Land Use | |||
|---|---|---|---|
Noise-Sensitive Land Use | Outdoor Activity Areas(1), (2) | Interior Spaces | |
dBA Ldn | dBA Ldn | dBA Leq | |
Residential | 65 | 45 | N.A. |
Transient lodging | 65 | 45 | N.A. |
Hospitals, extended care | 65 | 45 | N.A. |
Theater, auditorium | (3) | 45 | 35 |
Meeting facility, public or private | 65 | 45 | 40 |
Offices | 75 | 45 | 45 |
School, library, museum | 65 | 45 | 45 |
Playground park | 70 | N.A. | N.A. |
Notes: |
|---|
(1) Where the location of outdoor activity areas is unknown, the exterior noise level standard shall be applied to the property line of the receiving land use. |
(2) Where it is not possible to reduce noise in outdoor activity areas to sixty-five dB Ldn/CNEL or less using a practical application of the best-available noise reduction measures, an exterior noise level of up to seventy dB Ldn/CNEL may be allowed provided that available exterior noise level reduction measures have been implemented and interior noise levels are in compliance with this table. |
(3) Subject to an acoustical analysis in compliance with subsection (C)(2) of this section. |
Table 3-4 Noise Standards for Short-Duration Events Near Residential Areas | ||
|---|---|---|
Sound Level | Maximum Allowable Sound Level(1) | |
Day/Evening dB (7:00 a.m. to 10:00 p.m.) | Night dB (10:00 p.m. to 7:00 a.m.) | |
Hourly Leq dB | 50 | 45 |
Maximum Level, dB | 70 | 65 |
Maximum Level, dB, for Impulsive Noise | 65 | 60 |
Notes: |
|---|
(1) If the offensive noise contains a steady, audible tone (e.g., a screech or hum), is a repetitive noise (e.g., hammering), or contains speech or music, the maximum allowable sound level shall be reduced by five dB. |
2.
Acoustical Analysis Required. Where the director determines that a proposed project may generate noise in excess of any limit established by Table 3-3, and/or where the use may generate noise in outdoor areas in excess of sixty dBA, the land use permit application for the use shall include an acoustical analysis by a qualified professional approved by the director.
a.
Contents. The analysis shall determine the potential for stationary source noise impacts to neighboring land uses, include field measurements to determine more precise locations for existing and projected future noise levels (based on traffic projections in the circulation element of the general plan or as otherwise accepted by the city), and recommend appropriate mitigation measures.
b.
Preferred Mitigation Measures for Receptor Sites. When development is subject to high noise levels requiring mitigation, the following measures shall be considered and preference shall be given where feasible in the following order:
i.
Site layout, including setbacks, open space separation and shielding of noise-sensitive uses with non-noise-sensitive uses;
ii.
Acoustical treatment of buildings; or
iii.
Structural measures such as constructed of earth berms and/or wood or concrete barriers; provided, that no sound wall shall be located adjacent to a public street.
3.
Limitation on Hours of Construction. In order to allow construction schedules to take advantage of the weather and normal daylight hours, and to ensure that nearby residents as well as nonresidential activities are not disturbed by the early morning or late night activities, the city has established the following limits on construction, in compliance with Table 3-5 or as required by conditions of approval.
Table 3-5 Allowable Hours of Construction | |
|---|---|
Day | Allowable Hours |
Monday through Friday | 7:00 a.m. to 7:00 p.m. |
Saturday and Sunday, Holidays | Construction activities may only be allowed by the review authority through conditions of approval between 9:00 a.m. and 5:00 p.m. |
4.
Limitation on Truck Deliveries. Truck deliveries to a commercial or industrial parcel adjacent to a residential zoning district shall be limited to the hours between seven a.m. and seven p.m., unless the director authorizes other delivery times based on the determination that there is either no feasible alternative, or there are overriding transportation and traffic management benefits to scheduling deliveries at night.
D.
Noise Receptor Standards. Where noise-sensitive land uses are proposed in areas exposed to existing or projected noise levels in excess of the standards in Tables 3-3 and 3-4, the city shall require an acoustical analysis as part of the environmental review process so that noise mitigation may be included in the project design, so that proposed structures are designed to limit intruding noise in interior rooms to forty-five dBA Ldn. At the discretion of the director, the requirement for an acoustical analysis may be waived if all of the following conditions are satisfied:
1.
The development is for less than ten single-family dwellings or less than ten thousand square feet of total gross floor area for office buildings, churches, or meeting halls;
2.
The noise source in question consists of a single roadway or railroad for which up-to-date noise exposure information is available. An acoustical analysis will be required if the noise source is a stationary noise source, or if there are multiple noise sources that could affect the project;
3.
The projected future noise exposure at the exterior of proposed buildings or outdoor activity areas does not exceed sixty-five dBA Ldn;
4.
The topography of the area is essentially flat; and
5.
Effective noise mitigation, as determined by the director, is incorporated into the project design. The measures can include, but are not limited to, the use of building setbacks, building orientation, or noise barriers. If closed windows are required for compliance with interior noise level standards, air conditioning or a mechanical ventilation system will be required.
E.
Noise Measurement. Exterior noise levels shall be measured at the property line of the noise-sensitive land use receiving the noise, or alternatively at the property line of the source emitting the noise. Noise measurement shall be made with a sound level meter using the "A" weighted scale at slow meter response. Fast meter response shall be used only for an impulsive noise.
F.
Standards for Determining Violations. Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include the significance criteria identified in policy N 1.7 of the general plan, the land use compatibility exterior noise exposure (Ldn) information in general plan Table N-1, the noise level and standards identified in Tables 3-3 and 3-4 as well as, but not limited to, the criteria listed below:
1.
The level of noise;
2.
The intensity of the noise;
3.
Whether the nature of the noise is usual or unusual;
4.
Whether the origin of the noise is stationary and nontransportation or transportation noise;
5.
The level and intensity of the background noise, if any;
6.
The proximity of the noise to residential sleeping facilities;
7.
The nature and zoning of the area within which the noise emanates;
8.
The density of the inhabitation of the area within which the noise emanates;
9.
The time of the day or night the noise occurs;
10.
The duration of the noise;
11.
Whether the noise is recurrent, intermittent or constant;
12.
Whether the noise is produced by a commercial or noncommercial activity.
G.
Special Noise Sources.
H.
Violation. Any violation of this chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the city under this code, or under state law.
(Ord. 925 § 2 (Exh. A), 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.30.060 Outdoor lighting.
Outdoor lighting on private property shall comply with the following requirements:
A.
An outdoor light fixture shall be limited to a maximum height of fourteen feet or the height of the nearest building, whichever is less.
B.
Outdoor lighting shall utilize energy-efficient (high pressure sodium, low pressure sodium, hard-wired compact fluorescent, or other lighting technology that is of equal or greater energy efficiency) fixtures/lamps.
C.
Lighting fixtures shall be shielded or recessed to reduce light bleed to adjoining properties by:
1.
Ensuring that the light source (e.g., bulb, etc.) is not visible from off the site; and
2.
Confining glare and reflections within the boundaries of the site to the maximum extent feasible.
Each light fixture shall be directed downward and away from adjoining properties and public rights-of-way, so that no on-site light fixture directly illuminates an area off the site.
D.
No lighting on private property shall produce an illumination level greater than one footcandle on any property within an RR, RVL, NL, NM, or NU zoning districts except on the site of the light source.
E.
No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness, as determined by the director.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.30.070 Performance standards.
A.
Purpose. This section provides performance standards that are designed to minimize various potential operational impacts of land uses and development within the city, and promote compatibility with adjoining areas and land uses.
B.
Applicability. The provisions of this section apply to all new and existing land uses, including permanent and temporary uses in all zoning districts, unless an exemption is specifically provided. Uses existing on the effective date of the ordinance codified in this section shall not be altered or modified thereafter to conflict with these standards.
C.
Air Emissions. No visible dust, gases, or smoke shall be emitted, except as necessary for the heating or cooling of structures, and the operation of motor vehicles on the site.
D.
Combustibles and Explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code, and California Code of Regulations Title 19.
E.
Dust. Activities that may generate dust emissions (e.g., construction, grading, commercial gardening, and similar operations) shall be conducted to limit the emissions beyond the site boundary to the maximum extent feasible. Appropriate methods of dust management shall include the following, subject to approval by the city engineer:
1.
Scheduling. Grading shall be designed and grading activities shall be scheduled to ensure that repeat grading will not be required, and that completion of the dust-generating activity (e.g., construction, paving or planting) will occur as soon as possible.
2.
Operations During High Winds. Clearing, earth-moving, excavation operations or grading activities shall cease when the wind speed exceeds twenty-five miles per hour averaged over one hour.
3.
Limiting the Area of Disturbance. The area disturbed by clearing, demolition, earth-moving, excavation operations or grading shall be minimized at all times.
4.
Dust Control. Fugitive dust emissions shall be controlled by watering a minimum of two times each day, paving or other treatment of permanent on-site roads and construction roads, the covering of trucks carrying loads with dust content, and/or other dust-preventive measures (e.g., hydroseeding, etc.).
5.
Revegetation. Graded areas shall be revegetated as soon as possible, but within no longer than thirty days, to minimize dust and erosion. Disturbed areas of the construction site that are to remain inactive longer than three months shall be seeded and watered until grass cover is grown and maintained.
6.
Fencing. Appropriate fences or walls shall be constructed to contain dust within the site as required by the city engineer.
F.
Ground Vibration. No ground vibration shall be generated that is perceptible without instruments by a reasonable person at the property lines of the site, except for vibrations from temporary construction or demolition activities, and motor vehicle operations.
G.
Light and Glare. Outdoor lighting shall comply with the requirements of Section 17.30.060 (Outdoor lighting) of this chapter.
H.
Liquid Waste. No liquid shall be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the Regional Water Quality Control Board.
J.
Odor. No obnoxious odor or fumes shall be emitted that are perceptible without instruments by a reasonable person at the property line of the site.
K.
Radioactivity, Electrical Disturbance or Electromagnetic Interference. None of the following shall be emitted:
1.
Radioactivity, in a manner that does not comply with all applicable state and federal regulations; or
2.
Electrical disturbance or electromagnetic interference that interferes with normal radio or television reception, or with the function of other electronic equipment beyond the property line of the site; or that does not comply with all applicable Federal Communications Commission (FCC) and other applicable state and federal regulations.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.30.080 Public improvement requirements.
The development of an approved project shall include the construction of improvements to each public street frontage of the site as required by the review authority and city public improvement standards. These on-site and/or off-site improvements may include the widening of an existing street, and/or the installation or reinstallation of curb, gutter, and sidewalk; the installation of street trees and other landscaping within the public right-of-way; the installation of drainage facilities as required by the city engineer, and/or other improvements determined by the review authority to be reasonably related to the needs for pedestrian and vehicle circulation, and community infrastructure demands created by the project. See also Section 17.30.100 (Underground utilities) of this chapter.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.30.082 Residential conversions.
The use of a structure designed and constructed as a dwelling with a nonresidential use, and the use of a structure designed and constructed for nonresidential use as a dwelling shall comply with the following requirements:
A.
Residential to Nonresidential Conversion. The conversion of an existing dwelling in RR, RVL, NL, NM, or NU zones for occupancy by a nonresidential use shall require a minor use permit. Minor use permit approval shall require that the review authority first make one of the following findings:
B.
Nonresidential to Residential Conversion. The use of a structure that was designed and constructed for nonresidential use as a dwelling shall require that the structure first be brought into compliance with all applicable current requirements of this land use code, including the applicable zoning district, and the building code.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.30.084 Solar energy collectors.
A.
Applicability. Each solar energy system shall comply with the requirements of this section. For the purposes of this section, the term "solar energy system" shall have the same meaning as in California Civil Code Section 801.5(a), as either of the following:
1.
Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating; or
2.
Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
See also Section 17.51.060 (Solar access and view preservation) of this title.
B.
Permit Requirements. The installation of a solar energy system shall require the approval of a ministerial zoning clearance by the director in compliance with Section 17.62.020 (Zoning clearance) of this title, and the issuance of a building permit.
1.
Application Content.
a.
In reviewing the application for zoning clearance, the director may require the applicant to submit additional information as the director deems necessary to determine whether the application meets the requirements of this section. The applicant shall provide this additional information to the director before the application shall be deemed complete.
b.
The additional information may include certifications from solar energy experts that the proposed solar collector, solar energy device, or structural design feature are primarily for the purpose of providing solar energy. In appropriate cases, the director may require the solar energy expert to determine whether modifications could be made to the proposed application in a manner which would not significantly increase the cost of the system or significantly decrease its efficiency or specified performance.
c.
The director shall provide the applicant with a written list of additional information which must be submitted in order that the application be deemed complete.
2.
Fees. An application for the installation of a solar energy system shall include the fee required by the city's fee schedule.
3.
Additional Permit Requirements. If the director determines that the application includes structural design features to a building or the installation of solar energy devices that are not for the primary purpose of providing for the collection, storage and distribution of solar energy, the director shall determine whether the application is subject to any discretionary approvals required by this land use code. If the application requires discretionary approvals, the applicant shall obtain the approvals before the director may issue a zoning clearance for the installation of the proposed solar energy system.
4.
Application Review. Once the director determines that the application is complete, the director shall review the application for compliance with all applicable health and safety standards and requirements imposed by federal, state and local law.
5.
Application Approval. The director shall approve the application for the installation of the solar energy system provided that the application complies with the requirements in subsections (B)(4) and (C) of this section, and all other applicable requirements of this land use code, provided that the application does not require a discretionary zoning approval in compliance with subsection (B)(3) of this section. For applications that comply with the requirements of subsections (B)(4) and (C), but which require a discretionary approval in compliance with subsection (B)(3) of this section, the director shall approve the application at such time as the applicant obtains the discretionary zoning approval upon the terms and conditions as are contained in the approval.
6.
Conditions of Approval. The director may impose reasonable conditions on the approval of the application of the solar energy system, provided that the conditions shall not significantly increase the cost of the solar energy system, or significantly decrease its efficiency or specified performance. In determining whether a condition significantly increases costs or decreases efficiency, the director shall be guided by the following standards as contained in California Civil Code Section 714(d):
a.
For solar domestic water heating systems or solar swimming pool heating systems that comply with the requirements in subsection C of this section, "significantly" means an amount exceeding twenty percent of the cost of the system or decreasing the efficiency of the solar energy system by an amount exceeding twenty percent, as specified and proposed in the completed application.
b.
For photovoltaic systems that comply with the requirements in subsection C of this section, "significantly" means an amount not to exceed two thousand dollars over the cost of the solar energy system included in the completed application or a decrease in system efficiency of an amount exceeding twenty percent, as specified and proposed in the completed application.
7.
Appeal. The final decision of the director to approve or disapprove a zoning clearance for the installation of a solar energy system may be appealed in compliance with Chapter 17.84 (Appeals) of this title, except that in reviewing the appeal, the commission and the council shall be guided by the standards in this section. Therefore, the appeal hearing shall not be deemed a public hearing and shall not be subject to the notice and requirements applicable to public hearings.
C.
Equipment Standards. Solar energy systems shall comply with the following standards, as applicable:
1.
Water Heating Systems. A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation or other nationally recognized certification agency. The certification shall be for the entire solar energy system and installation.
2.
Electricity Generating Systems. A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the National Electric Code, the Institute of Electrical and Electronic Engineers, and accredited testing laboratories such as Underwriters Laboratories and where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.30.090 Solid waste/recyclable materials storage.
B.
Applicability. These requirements apply to new multifamily residential and nonresidential development, or changes to existing multifamily residential or nonresidential development that increase gross floor area by twenty-five percent or more.
C.
Extent of Storage Area Required. Solid waste and recyclable storage areas shall be provided in the number, dimensions, and types required by the department or review authority. Additional storage areas may be required, as deemed necessary by the director.
D.
Enclosure Requirements. Storage areas shall be fully enclosed by a six-foot high decorative masonry wall or other solid enclosure that is architecturally compatible with adjacent structures. Gates shall be solid and continuously maintained in working order. A concrete apron shall be installed. Landscaping shall be provided to soften and screen the enclosure in compliance with Chapter 17.34 (Landscaping Standards) of this title. See Figure 3-8.
 |
Figure 3-8. Solid Waste Enclosure |
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.30.100 Underground utilities.
Underground installation by the developer is required for all electric, telecommunications, and utility lines providing service to structures on the site, and any of these lines that traverse the site. Junction and distribution boxes, transformers, and similar facilities shall be installed underground, or within a building that is located outside of a public right-of-way.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.31.010 Purpose.
The purpose of this chapter is to:
A.
Encourage the development and availability of housing affordable to a broad range of households with varying income levels within city as mandated by California Government Code Section 65580, State Density Bonus Law, and the city's housing element, et seq.;
B.
Offset the demand on housing created by new development, and mitigate environmental and other impacts that accompany new development by protecting the economic diversity of the city's housing stock, reducing traffic, transit and related air quality impacts, promoting jobs/housing balance and reducing the demands placed on transportation infrastructure in the region;
C.
Implement the policies of the housing element of the general plan.
(Ord. 930 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.31.020 Applicability.
A.
Inclusionary Requirement. Each residential development shall be designed and constructed to provide at least fifteen percent of the total units as inclusionary units restricted for occupancy by moderate-, low- or very low-income households. The number of inclusionary units required for a particular project will be determined only once, at the time of tentative or parcel map approval, or, for developments not processing a map, prior to issuance of a building permit typically as a component of discretionary review and approval. If a change in the project design changes the total number of units, the number of inclusionary units required will be recalculated to coincide with the final approved project.
1.
Calculation. For purposes of calculating the number of affordable units required by this section, any additional units authorized as a density bonus in compliance with state density bonus law and/or Chapter 17.32 (Density Bonuses) will not be counted in determining the required number of inclusionary units. In determining the number of whole inclusionary units required, any decimal fraction less than 0.5 shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole number. The remaining portion of a fraction rounded down will offset its impacts through the payment of the in-lieu fee for the remaining portion of the unit.
2.
Limitations on Occupancy. Projects constructing affordable housing units shall seek to distribute portions of the below market rate units across income levels, at a ratio based on the city's unmet Regional Housing Needs Allocation (RHNA).
B.
Minimum Requirements. The requirements of this chapter are minimum and maximum requirements, although nothing in this chapter limits the ability of state density bonus law or a person to waive their rights or voluntarily undertake greater obligations than those imposed by this chapter.
(Ord. 930 § 5, 2024; Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.31.030 Exemptions.
The requirements of this chapter do not apply to:
A.
The reconstruction of a structure that has been destroyed by fire, flood, earthquake or other act of nature; provided, that reconstruction does not increase the number of residential units;
B.
A development that already has more units that qualify as affordable to moderate-, low- and very low-income households than this chapter requires;
C.
Housing constructed by other government agencies; or
D.
An accessory dwelling unit.
(Ord. 930 § 5, 2024; Ord. 893 § 7, 2020; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.31.040 Standards for inclusionary units.
Each inclusionary unit built in compliance with this chapter shall comply with the following standards:
A.
Location of Inclusionary Units. Except as otherwise provided in this chapter, inclusionary units shall be dispersed throughout a residential development.
B.
Design. Inclusionary units shall be comparable in infrastructure (including sewer, water and other utilities), construction quality and exterior design to the market-rate units. Inclusionary units may be smaller in aggregate size and have different interior finishes and features than market-rate units so long as the interior features are durable, of good quality and consistent with contemporary standards for new housing. The number of bedrooms shall be the same as those in the market-rate units, except that if the market-rate units provide more than four bedrooms, the inclusionary units need not provide more than four bedrooms.
C.
Timing of Construction. All inclusionary units shall be constructed and occupied concurrently with or prior to the construction and occupancy of market-rate units or development. In phased developments, inclusionary units may be constructed and occupied in proportion to the number of units in each phase of the residential development; provided, that the last inclusionary unit in the project shall be constructed before the last market-rate unit.
D.
Duration of Affordability Requirement. Inclusionary units produced in compliance with this chapter shall be legally restricted to occupancy by households of the income levels for which the units were designated, for a minimum of fifty-five years from the date of first occupancy for rental units, and for a minimum of fifty-five years from the date of each sale of any affordable unit for owner-occupied units. (Additional affordability requirements may apply in compliance with state redevelopment and/or density bonus law (California Health and Safety Code Section 33413(c)).
(Ord. 930 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.31.050 In-lieu fees.
A residential development of nine or fewer units may comply with the requirements of this chapter by paying an in-lieu fee as established by council resolution, as it may be amended from time to time. The council may annually review the fee and may, based on the review, adjust the fee. For any annual period during which the council does not review the fee authorized by this section, fee amounts will be adjusted once by the city manager based on the Construction Cost Index.
(Ord. 930 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.31.060 Alternatives.
A.
Developer Proposal. A developer may propose an alternative means of compliance in an affordable housing plan as provided in Section 17.31.070(B) as follows:
1.
Off-Site Construction. Units may be constructed off site if the inclusionary units will be located in an area where, based on the availability of affordable housing, the council finds that the need for such units is greater than the need in the area of the proposed development.
2.
Land Dedication. In lieu of building inclusionary units, a developer may choose to dedicate land to the city suitable for the construction of inclusionary units that the council reasonably determines to be of equivalent or greater value than are produced by applying the inclusionary obligation.
3.
Combination. The council may accept any combination of on-site construction, off-site construction, in-lieu fees and land dedication that at least equals the cost of providing inclusionary units on site as would otherwise be required by this chapter. The value of a proposed land dedication shall be determined by an appraiser appointed by the city.
B.
Discretion. The council may approve, conditionally approve, or reject any alternative proposed by a developer as part of an affordable housing plan. Any approval or conditional approval shall be based on a finding that the purposes of this chapter would be better served by implementation of the proposed alternatives. In determining whether the purposes of this chapter would be better served under the proposed alternative, the council should consider:
1.
Whether implementation of an alternative would overly concentrate inclusionary units within any specific area and, if so, must reject the alternative unless the undesirable concentration of inclusionary units is offset by other identified benefits that flow from implementation of the alternative in issue; and
2.
The extent to which other factors affect the feasibility of prompt construction of the inclusionary units on the property, such as costs and delays, the need for an appraisal, site design, zoning, infrastructure, clear title, grading and environmental review.
(Ord. 930 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.31.070 Compliance procedures.
A.
General. Approval of an inclusionary housing plan and implementation of a city-approved inclusionary housing agreement is a condition of any tentative map, parcel map, discretionary approval or building permit for any development to which this chapter applies. This section does not apply to an exempt project, or to a project where the requirements of the chapter are satisfied by payment of a fee in compliance with Section 17.31.050 (In-lieu fees).
B.
Inclusionary Housing Plan. No application for a tentative map, parcel map, discretionary approval or building permit to which this chapter applies is complete until an inclusionary housing plan is submitted with the application. At any time during the review process, the city may require from the developer additional information reasonably necessary to clarify and supplement the application or determine the consistency of the proposed inclusionary housing plan with the requirements of state density bonus law and/or this chapter. The inclusionary housing plan must include:
1.
The location, structure (attached, semi-attached, or detached), whether for sale or rental, size of the proposed market-rate and inclusionary units, and the basis for calculating the number of inclusionary units;
2.
A floor or site plan showing the location of the inclusionary units;
3.
The income levels to which each inclusionary unit will be made affordable;
4.
For phased development, a phasing plan that provides for the timely development of the number of inclusionary units proportionate to each proposed phase of development as required by Section 17.31.040(C);
5.
Any alternative means designated in Section 17.31.060(A) proposed for the development along with information necessary to support the findings required by Section 17.31.060(B) for approval of the alternatives; and
6.
Any other information reasonably requested by the city to assist with evaluation of the plan in compliance with the standards of this chapter.
C.
Inclusionary Housing Agreement. The inclusionary housing agreement shall use the form provided by the city. The contents of the agreement may vary depending on the manner in which the provisions of this chapter are satisfied for a particular development. Each inclusionary housing agreement shall include, at minimum, the following:
1.
Description of the development, including whether the inclusionary units will be rented or owner-occupied;
2.
The number, size and location of very low-, low- or moderate-income units;
3.
Provisions and/or documents for resale restrictions, deeds of trust, rights of first refusal or rental restrictions;
4.
Provisions for monitoring the ongoing affordability of the units, and the process for qualifying prospective resident households for income eligibility; and
5.
Any additional obligations relevant to compliance with this chapter.
D.
Recording of Agreement. Each inclusionary housing agreement shall be recorded against owner-occupied inclusionary units and residential projects containing rental inclusionary units, as applicable. Additional rental or resale restrictions, deeds of trust, rights of first refusal and/or other documents acceptable to the city shall also be recorded against owner-occupied inclusionary units. In cases where the requirements of this chapter are satisfied through the development of off-site units, the inclusionary housing agreement shall simultaneously be recorded against the property where the off-site units are to be developed.
(Ord. 930 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.31.080 Eligibility for occupying inclusionary units.
A.
General Eligibility. No household may occupy an inclusionary unit unless the city or its designee has approved the household's eligibility, or has failed to make a determination of eligibility within the time or other limits provided by an inclusionary housing agreement or resale restriction. If the city or its designee maintains a list or identifies eligible households, initial and subsequent occupants will be selected first from the list of identified households, to the maximum extent possible, in compliance with any rules approved by the city, including the city's local preference policy.
B.
Occupancy. A household who occupies a rental inclusionary unit or purchases an inclusionary unit shall occupy the unit as a principal residence.
C.
Local Preference. Pursuant to California Government Code Section 7061 and Housing Element Program 4-1, and assuming all other factors being equal, priority for available below market rate housing units shall be extended to people that:
1.
Currently live or work in the city of Cotati;
2.
Have children who attend a school within the Rancho Cotati School District;
3.
Are members of a local Native American Tribe, including the Federated Indians of Graton Rancheria (FIGR); or
4.
Are an employee of Sonoma State University;
over other persons to rent or purchase deed-restricted affordable housing units, in the order of priority with which the categories are listed.
(Ord. 930 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.31.090 Owner-occupied units.
A.
Initial Sales Price. The initial sales price of the inclusionary unit must be set so that the eligible household will pay an affordable ownership cost.
B.
Transfer. Renewed restrictions will be entered into on each change of ownership, with a fifty-five year renewal term, upon transfer of an owner-occupied inclusionary unit prior to the expiration of the previous affordability period.
C.
Resale. The maximum sales price permitted on resale of an inclusionary unit designated for owner-occupancy shall be the initial purchase price, increased by the rate of increase of area median income (of the appropriate income category) during the seller's ownership.
To the extent authorized in any resale restrictions or operative inclusionary housing agreement, sellers may recover at time of sale the market value of capital improvements made by the seller and the seller's necessary and usual costs of sale, and may authorize an increase in the maximum allowable sales price to achieve such recovery.
D.
Change in Title. The following requirements apply in the event of a change in circumstance, including death, marriage, and divorce, that may occur prior to the expiration of the required affordability period:
1.
Upon the death of one of the owners, title in the property may transfer to the surviving joint tenant, tenant in common, or community property holder, without respect to the income eligibility of the household.
2.
Upon the death of a sole owner or all owners, and inheritance of the inclusionary unit by a non-income-eligible inheritee, there will be a one-year compassion period between the time when the estate is settled and the time when the property must be sold to an income-eligible household. A noneligible inheritee may request and the council may waive this requirement on the basis of hardships specified by the council. Alternatively, the council may authorize their continued ownership with the unit rented at an affordable rate to an eligible household for the remainder of the affordability restriction period.
(Ord. 930 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.31.100 Rental units.
A.
Eligibility of Tenants. The owner of rental inclusionary units shall be responsible for certifying the income of the tenant to the director at the time of initial rental, and annually thereafter. This shall be completed by viewing acceptable documentation, including income tax statements or a W-2 for the previous calendar year, and submitting, on a form approved by the city, a certification that the tenant qualifies as an income-eligible household.
B.
Selection of Tenants. The owner of rental inclusionary units shall fill vacant units by either:
C.
Publication of Availability of Units. Whenever an inclusionary unit becomes available, the owner shall publish notices of the availability of inclusionary units via email to the city's "Housing Interest List"; and in newspapers circulated widely in the city, including newspapers that reach minority communities. The notice should briefly explain what inclusionary housing is, state the applicable income requirements, indicate where applications are available, state when the application period opens and closes, and provide a telephone number and email for questions. Applications may require the name, address, and telephone number of the applicant; the number of persons to occupy the household; household income; information regarding the city's local preference policy and any other information relevant to determine whether the applicant is eligible to occupy an inclusionary unit. The owner shall submit proof of publication to the director.
D.
Notification to City. Whenever an inclusionary unit becomes available, the owner shall immediately notify the director in writing.
E.
Subsequent Rental to Income-Eligible Tenant. The owner of rental inclusionary units shall apply the same rental terms and conditions to tenants of inclusionary units as are applied to all other tenants, except as otherwise required to comply with this chapter (i.e., rent levels, occupancy restrictions and income requirements) and/or government subsidy programs. Discrimination based on subsidies received by the prospective tenant is prohibited.
F.
Changes in Tenant Income. If after moving into an inclusionary unit the tenant's income eventually exceeds the income limit for that unit, the tenant may remain in the unit (the "original unit") as directed below:
1.
If the tenant's income does not exceed the income limits of other inclusionary units in the residential development, the owner may, at the owner's option, allow the tenant to remain in the original unit at the tenant's new applicable affordable housing income category rental rate, as long as the next vacant unit is redesignated for the same lower income category applicable to the original unit. If the owner does not want to redesignate the next vacant unit, the tenant shall be given one year's notice to vacate the unit. If during the year, an inclusionary unit becomes available and the tenant meets the income eligibility for that unit, the owner shall provide the tenant with the opportunity to submit an application for that unit.
2.
If there are no units designated for a higher income category within the residential development that may be substituted for the original unit, the tenant shall be given one year's notice to vacate the unit. If within that year, another unit in the residential development is vacated, the owner may, at the owner's option, allow the tenant to remain in the original unit and raise the tenant's rent to market rate and designate the newly vacated unit for the original unit at the applicable affordable housing cost. Unless the tenant's household situation has changed, the newly vacated unit must be comparable in size (i.e., number of bedrooms, bathrooms, square footage, etc.) and location (i.e., comparable floor, comparable view, etc.) as the original unit.
(Ord. 930 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.31.110 Adjustments, waivers.
The requirements of this chapter may be adjusted or waived in extreme cases if the developer demonstrates to the council by the presentation of substantial evidence that applying the requirements of this chapter would take property in violation of the U.S. or California Constitutions and/or in keeping with the allowances of state and local density bonus law.
A.
Timing. To receive an adjustment or waiver, the developer must make a showing when applying for a first approval for the residential development, and/or as part of any appeal that the city provides as part of the process for the first approval.
B.
Considerations. In making a determination on an application to adjust or waive the requirements of this chapter, the council may assume each of the following when applicable:
1.
That the developer is subject to the inclusionary housing requirement or in-lieu fee;
2.
The extent to which the developer will benefit from inclusionary incentives and how density bonus law directs the approval of such allowances;
3.
That the developer will be obligated to provide the most economical inclusionary units feasible in terms of construction, design, location and tenure; and
4.
That the developer may obtain other housing subsidies where such funds are reasonably available.
C.
Decision and Further Appeal. The council, upon legal advice provided by or at the behest of the city attorney, will determine the application and issue a written decision.
D.
Modification of Plan. If the council, upon legal advice provided by or at the behest of the city attorney, determines that the application of the provisions of this chapter lacks a reasonable relationship between the impact of a proposed residential project and the requirements of this chapter, or that applying the requirement of this chapter would take property in violation of the U.S. or California Constitutions or density bonus law, the inclusionary housing plan shall be modified, adjusted or waived to reduce the obligations under this chapter to the extent necessary to avoid an unlawful result. If the council determines that no violation of the U.S. or California Constitutions would occur through application of this chapter, the requirements of this chapter remain applicable.
(Ord. 930 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.31.115 Nonresidential affordable housing linkage requirements.
A.
Applicability and Requirements. Unless otherwise exempt under subsection B of this section, any person who constructs new or expanded nonresidential development shall contribute to the city's affordable housing program through one or more of the following three methods:
1.
On-Site Construction of the Required Affordable Units. Provide the required affordable unit(s) on site, pursuant to subsection C of this section as allowed by the underlying zoning district (i.e., mixed use, live/work); or
B.
Exempt Projects. The affordable housing requirements of this section shall not apply to the following exempt projects:
1.
Project with vested rights. A project that demonstrates a vested right to proceed without complying with this section;
2.
Public and nonprofit projects. Public projects and nonprofit projects which provide a public benefit to the community;
3.
Small projects and additions. Small projects and additions of less than two thousand square feet in total gross floor area;
4.
Floor area discount. The requirements of this section shall not apply to the first two thousand square feet of nonresidential floor area in all new developments;
5.
Structures destroyed by fire or natural catastrophe. Repair, reconstruction or replacement of a legal nonresidential structure that is destroyed by fire or natural catastrophe; provided, that a building permit for repair, reconstruction or replacement has been issued and construction begun within five years of destruction;
6.
Nonresidential replacements or remodels. Remodels or replacements to existing, legal structures that do not result in the creation of additional floor area;
7.
Projects that clearly do not contribute to the demand for affordable housing, such as unmanned utility structures and parking garages.
C.
Number of Affordable Units Required. An affordable housing unit requirement is established for nonresidential development in accordance with the following Table 1:
Table 1 | |
|---|---|
Type of Nonresidential Development | Number1 of Affordable Housing Units Required per 1,000 Square Feet of Floor Area2 |
Industry, Manufacturing and Processing, Wholesaling | .06 |
Recreation, Education and Public Assembly | .05 |
Retail Trade | .09 |
Services – Business, Financial, Professional | .05 |
Services – General | .05 |
Transportation, Communications and Infrastructure | .05 |
Notes: |
|---|
1 All fractional units shall be rounded up to the nearest whole number. |
2 For purposes of this table, the floor area excludes all garage areas permanently allocated for employee or customer vehicle parking. |
1.
Level of Affordability Required. At least one-third of the total number of required affordable units shall be provided as affordable to very low-income households. The remaining affordable units may be provided as affordable to households with low incomes. If the number of required affordable units is an odd number, the number of units affordable to low-income households may be one greater than the number affordable to very low-income households, so long as at least one very low-income unit is provided.
2.
Mixed Use and Live Work Projects. In any project including a mix of residential and nonresidential development, including but not limited to mixed use and live work projects, the required affordable units required pursuant to this chapter shall be calculated based upon the nonresidential square footage of the development and shall be required in addition to the inclusionary housing obligations for the residential portion of the development as required by Section 17.31.020.
D.
Fractional Units. If calculating the number of units required by this section results in a fractional unit requirement, the applicant may satisfy that fractional unit requirement by:
E.
Affordable Housing In-Lieu Fee. An applicant may choose to pay a fee in lieu of providing the affordable housing units required by this section.
1.
Determination of Fee. The amount of the in-lieu fee shall be established by resolution of the city council. Thereafter, beginning on January 1, 2008, the fee shall be increased or decreased annually by the percentage change in the Construction Cost Index for the prior year, as reflected in the third quarter Engineering News-Record published in November of each year. The in-lieu fee shall be automatically adjusted, and a new schedule published by the director of planning on January 1st of each year. This adjustment will offset the effects of inflation related to construction cost increases or deflation-related cost decreases. If the Construction Cost Index is discontinued, the director shall use a comparable index for determining the changes in the median home costs for Sonoma County. The fee shall be periodically reviewed and updated at least every two years to reflect any changes in the funding gap for a low-income household.
2.
Timing of Payment. The in-lieu fee shall be calculated at the time of building permit application. The fee shall be paid at the time of issuance of the building permit for each nonresidential project, unless proof is provided that the required affordable housing units will be constructed on site or that an alternative equivalent action was previously approved in accordance with Section 17.31.117. If the units are to be constructed on or off site, the affordable housing agreement shall specify the timing of construction of the affordable housing units and shall be recorded prior to issuance of any building permit for the project.
(Ord. 930 § 5, 2024; Ord. 782 § 4 Exh; A, 2006)
§ 17.31.117 Alternative equivalent actions.
The city council may, at its sole discretion, approve an alternative equivalent action to the provision of the affordable units on site or payment of the in-lieu fee, as follows:
A.
Scope of Alternative Proposals. Proposals for an alternative equivalent action may include:
1.
The dedication of vacant land (see subsection (E) of this section, Standards for Land Dedications); or
2.
The construction of affordable rental or ownership units on another site within the city;
3.
Employer-based programs providing direct subsidy to qualified employees, including mortgage buy-downs or rental assistance that provides long-term affordability.
B.
Content of Proposal. A proposal for an equivalent alternative action shall show how the requested alternative action will further affordable housing opportunities in the city to an equal or greater extent than the actual provision of the affordable housing units on site in compliance with Section 17.31.115(C) (Number of Affordable Units Required), or payment of the in-lieu housing fee in compliance with Section 17.31.115(E) (Affordable Housing In-Lieu Fee).
C.
Review and Approval. Only the city council can approve an equivalent alternative action under this section. A proposal for an alternative equivalent action may be approved by the city council only if the council finds that the alternative action will further affordable housing opportunities in the city to an equal or greater extent than the construction of the required affordable units as part of the project or payment of the in-lieu housing fee.
D.
Performance of Alternative Action. After approval by the city council of a proposal for an alternative action, entitlements for that alternative action must be processed concurrent with the market-rate projects. If the alternative action includes construction of affordable units on another site or the acquisition and enforcement of rental/sales price restrictions on existing market rate units, an affordable housing agreement in the city's standard form as approved by the city attorney shall be recorded for each of those units prior to recordation of any final map for, or issuance of any building permit within, the market-rate project, and the affordable units shall be constructed or acquired concurrent with, or before, the construction of the market rate project.
E.
Standards for Land Dedications.
1.
Offers of Dedication. An applicant who proposes to dedicate land located within city in lieu of constructing the affordable units required by this section shall offer such land dedication as a part of the initial application for project approval. The applicant's offer shall describe the site, shall offer it for dedication at no cost to the city, and shall include a site plan illustrating the feasibility of locating and constructing the number of required affordable units for which the applicant is requesting in-lieu credit.
2.
Site Suitability and Appraisal.
a.
The applicant shall provide a site suitability analysis which demonstrates that the land proposed for dedication is suitable for the development of affordable housing in terms of size, location, general plan land use designation, zoning, availability of services, proximity to public transit, adjacent land uses, access to streets and walkways, physical characteristics and configuration, and other relevant planning criteria. Staff shall evaluate the site suitability analysis, identify the site's projected unit capacity, and recommend to the city council whether the site should be accepted or conditionally accepted. An environmental evaluation may be required as a part of the site suitability analysis.
b.
The applicant shall provide an appraisal of the land proposed for dedication. The appraisal shall be prepared by a qualified land appraiser and shall conform to the "Uniform Standards of Professional Appraisal Practice" as adopted by the Appraisal Standards Board of the Appraisal Foundation.
c.
All staff costs associated with the determination of site suitability, and all expenses incurred to determine legal status of site, to perform environmental assessments and to obtain an appraisal, shall be borne by the applicant.
3.
Number of Units Credited to Dedication of Land. Following review of the appraisal and site suitability analysis, the city shall determine the number of required affordable housing units for which the applicant will receive credit upon dedication of the site.
a.
The city will offer to credit the applicant for the land dedication only to the extent that the appraised value of the land to be dedicated equals the full development cost of providing the required affordable units, including both land costs and construction costs.
b.
If the appraised value of the land is less than the total projected development cost for the number of affordable units required, the applicant will be credited with only the number of affordable units for which development costs are covered by the value of the land.
c.
The applicant shall agree to provide any remaining affordable units required by this section on the project site, or to pay an in-lieu fee for the remaining number of required units.
4.
Procedure for Acceptance of Site. The city shall not accept an offer of dedication nor approve the proposed nonresidential project until such time as the conditions of acceptance of the land, if any, have been completed by the applicant. The city's formal acceptance of the offer of dedication shall take place concurrently with its approval of the nonresidential project. The grant deed dedicating the site to the city, or to a developer of affordable housing approved by the city, shall be recorded prior to issuance of any building permit within the nonresidential project.
(Ord. 930 § 5, 2024)
§ 17.31.120 Affordable housing fund.
A.
Fund Established. There is established a separate affordable housing fund ("fund"). This fund shall receive all fees contributed under Sections 17.31.050 (In-lieu fees) and 17.31.060 (Alternatives), and may also receive moneys from other sources.
B.
Purpose and Limitations. Moneys deposited in the fund must be used to increase and improve the supply of housing affordable to moderate-, low-, and very low-income households in the city. Moneys may also be used to cover reasonable administrative or related expenses associated with the administration of this section.
C.
Administration. The fund shall be administered by the city manager with the approval of the council. The city manager may develop procedures to implement the purposes of the fund consistent with the requirements of this chapter and any adopted budget of the city.
D.
Expenditures. Fund moneys shall be used in compliance with the housing element, redevelopment plan, or subsequent plan adopted by the council to construct, rehabilitate or subsidize affordable housing or assist other governmental entities, private organizations or individuals to do so. Permissible uses include assistance to housing development corporations, equity participation loans, grants, pre-home ownership co-investment, predevelopment loan funds, low-income preservation programs, participation leases or other public-private partnership arrangements. The fund may be used for the benefit of both rental and owner-occupied housing.
E.
City Manager's Annual Report. The city manager shall report to the council and commission on the status of activities undertaken with the fund in compliance with California Government Code Section 66006(b). The report shall include a statement of income, expenses, disbursements and other uses of the fund. The report should also state the number and type of inclusionary units constructed or assisted during that year and the amount of assistance. The report will evaluate the efficiency of this chapter in mitigating city's shortage of affordable housing and recommend any changes to this chapter necessary to carry out its purposes, including any adjustments to the number of units to be required.
(Ord. 930 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.31.130 Enforcement.
A.
Penalty for Violation. It is a misdemeanor to violate any provision of this chapter. Without limiting the generality of the foregoing, it is also a misdemeanor for any person to sell or rent to another person an affordable unit under this chapter at a price or rent exceeding the maximum allowed under this chapter or to sell or rent an affordable unit to a household not qualified under this chapter. It is further a misdemeanor for any person to provide false or materially incomplete information to the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which he or she is not eligible.
B.
Legal Action. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter, including:
1.
Actions to revoke, deny or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval;
2.
Actions to recover from any violator of this chapter civil fines, restitution to prevent unjust enrichment from a violation of this chapter, and/or enforcement costs, including attorney's fees;
3.
Eviction or foreclosure; and
4.
Any other appropriate action for injunctive relief or damages. Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any person, owner, household or other party from the requirements of this chapter.
(Ord. 930 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.32.010 Purpose.
State density bonus law (SDBL) and the city of Cotati density bonus ordinance (DBO) allow developers to build more residential units than the maximum allowable density in order to incentivize the construction of housing affordable to very low income, low income, moderate income, senior, and other qualifying households. As required by California Government Code Section 65915 et seq., this chapter offers density bonuses, and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified therein. This chapter is intended to implement the requirements of California Government Code Section 65915 et seq. (including as modified from time to time), and the housing element of the Cotati general plan, with regards to density bonus requirements.
(Ord. 928 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.32.020 Eligibility for bonus, incentives or concessions.
SDBL requires that "concessions, incentives and waivers" be granted to qualifying projects in addition to a density bonus. The city shall grant one density bonus, as specified in California Government Code Section 65915 et seq., the amount of which shall be based on the proposed number and affordability levels of the base units. If requested by the applicant and consistent with the applicable requirements, incentives, concessions, waivers, reductions of development standards, and parking ratios or other modification to city development criteria necessary to facilitate the construction of the affordable housing units shall be granted to density bonus projects, as required.
A.
Resident Requirements. The housing development shall be designed and constructed so that specific percentages of deed-restricted affordable housing units are incorporated into the design and construction of the project.
B.
Density bonus units granted in compliance with this chapter shall not be included when determining the number of housing units that is equal to the percentages of below market rate units required.
C.
Minimum Project Size to Qualify for Density Bonus. The density bonus provided by this chapter shall be available only to a housing development of five or more dwelling units.
D.
Condominium Conversion Projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements identified in California Government Code.
E.
The units described in this section are subject to a recorded affordability restriction of fifty-five years.
(Ord. 928 § 5, 2024; Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.32.030 Allowed density bonuses.
The amount of a density bonus allowed in a housing development shall be determined by state density bonus and other applicable housing law.
A.
Density Bonus. A housing project that complies with the eligibility requirements identified in California Government Code shall be entitled to density bonuses as identified therein.
B.
Bonus for Condominium. A density bonus for a condominium project that complies with the eligibility requirements of California Government Code and of this chapter shall be eligible for density bonus in keeping with the requirements and criteria therein.
C.
Senior Housing Density Bonus. For housing developments meeting the criteria of state density bonus law specific to senior housing developments, the city shall grant a density bonus increasing the number of senior housing units as required therein.
D.
Mixed Use Density Bonus. For mixed use projects meeting the mixed use development criteria and objective design standards (ODS) adopted by the city, the city council, at its sole discretion, may grant up to one hundred percent residential density bonus to facilitate and support the development of commercial elements within a mixed use or commercial zoning district.
E.
Cotati Density Bonus. For projects providing twenty-five percent of the proposed units as affordable housing at income levels spread across very low-, low- and moderate-income categories proportionally based on the city's remaining Regional Housing Needs Allocation (RHNA) and/or the affordable housing priorities of the city; and evenly distributed throughout the project site; and which comply with the city's objective design standards, the city shall grant up to one hundred percent residential density bonus. Such projects shall be entitled to receive a maximum of five incentives, concessions or waivers from development standards as defined by state density bonus law (in total) but in no case shall such a waiver grant a height increase greater than ten feet above the maximum height allowed within the base zoning district.
F.
Greater or Lesser Bonuses. The city may chose to grant a density bonus greater than provided by this section and state density bonus law for a development that meets the requirements of this section or grant a proportionately lower density bonus than required by this section for a development that does not comply with the requirements of this section and/or the requirements and allowances of state density bonus law.
1.
When an applicant for approval of a commercial development has entered into an agreement for partnered housing to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city shall grant to the commercial developer a development bonus as prescribed in state Government Code governing allowed incentives or concessions.
G.
Density Bonus Calculations. The calculation of a density bonus that results in fractional units shall be rounded up to the next whole number, as required by state law. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.
H.
Requirements for Amendments or Discretionary Approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
I.
Location of Bonus Units. The developer may locate density bonus units in geographic areas of the housing development other than the areas where the units for the lower income households are located, in keeping with the requirements and allowances of state density bonus law.
(Ord. 930 § 6, 2024; Ord. 928 § 5, 2024; Ord. 918 § 7, 2023; Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.32.040 Allowed incentives or concessions.
A.
If requested by the applicant and consistent with the applicable requirements, the city shall grant incentives or concessions, waivers or reductions of development standards, and parking ratios if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded, pursuant to state Government Code and based on the proposed affordability levels and percentage of project units. The council shall not be required to grant an incentive or concession request if the council makes either of the following findings in writing, based upon substantial evidence:
1.
The incentive or concession is not required to provide for affordable housing costs, as defined in state Health and Safety Code, or for rents for the targeted units to be set as specified in affordability categories as defined in state housing law; or
2.
The incentive or concession would have a specific adverse impact, as defined in Government Code, upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.
B.
Number of Incentives. The applicant shall receive the number of incentives or concessions as required under state density bonus law.
C.
Type of Incentives. For the purposes of this chapter, concession or incentive means any of the following:
1.
A reduction in the site development standards of this land use code (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements, or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that result in identifiable, financially sufficient, and actual cost reductions;
2.
Approval of mixed use zoning not otherwise allowed by this land use code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located;
3.
Other regulatory incentives proposed by the developer or the city that will result in identifiable, financially sufficient, and actual cost reductions; and/or
4.
In its sole and absolute discretion, a direct financial contribution granted by the council, including writing down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.
D.
Effect of Incentive or Concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
(Ord. 928 § 5, 2024; Ord. 854 § 2 (part), 2015; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.32.050 Parking requirements in density bonus projects.
A.
Applicability. This section applies to a development that meets the requirements of state density bonus law, but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in state density bonus law in compliance with the allowed incentives or concessions of this chapter and applicable state legislation.
B.
If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.
C.
Location of Parking. For purposes of this section, a development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.
(Ord. 928 § 5, 2024; Ord. 918 § 11, 2023; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.32.060 Bonus and incentives for housing with childcare facilities.
A housing development that complies with the resident and project size requirements of this chapter, and also includes as part of that development a childcare facility other than a large or small family day care home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements:
A.
Additional Bonus and Incentives. The city shall grant a housing development that includes a childcare facility in compliance with this section either of the following:
1.
An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the childcare facility; or
2.
An additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.
B.
Requirements to Qualify for Additional Bonus and Incentives. The city shall require, as a condition of approving the housing development, that:
1.
The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with Section 17.32.070 (Continued availability); and
2.
Of the children who attend the childcare facility, the parents of very low income households, lower income households, or families of moderate income shall be offered a discount equal to the percentage of reduced rent offered to them as residents of affordable housing units that are required for very low income households, lower income households, or families of moderate income in compliance with this chapter.
The city shall not be required to provide a density bonus for a childcare facility in compliance with this section if it finds, based upon substantial evidence, that the community has adequate childcare facilities.
(Ord. 928 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.32.070 Continued availability.
A.
Duration of Affordability. The applicant shall agree to and the city shall ensure the continued availability of the units that qualified the housing development for a density bonus and other incentives and concessions, as follows:
1.
Lower, Low, and Moderate Income Units. The continued availability of lower, low, and moderate income qualifying units shall be maintained for fifty-five years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
B.
Rent Cost Requirements. The rents charged for the housing units in the development that qualify the project for a density bonus and other incentives and concessions shall not exceed the following amounts during the period of continued availability required by this section:
1.
Lower Income Units. Thirty percent of eighty percent of the area median income, for units targeted for lower income households, as defined in Health and Safety Code; and
2.
Very Low Income Units. Thirty percent of fifty percent of the area median income, for units targeted for very low income households, as defined in state Health and Safety Code; and
3.
Moderate Income Units. Thirty percent of one hundred and twenty percent of the area median income for units targeted for moderate income households, as defined in state Health and Safety Code.
(Ord. 928 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.32.080 Location and type of designated units.
A.
Location/Dispersal of Units. As required by the council in compliance with this chapter, designated units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the nondesignated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finished quality.
B.
Phasing. If a project is to be phased, the density bonus units shall be phased in the same proportion as the non-density bonus units or phased in another sequence acceptable to the city.
(Ord. 928 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.32.090 Processing of bonus requests.
A.
Permit Requirement. A request for a density bonus and other incentives shall be evaluated and decided in compliance with this title and state density bonus law.
B.
Findings for Approval. In addition to the findings required by state density bonus law, the city shall make all of the following additional findings:
1.
The residential development will be consistent with the general plan, except as provided by density bonus law, and other incentives and concessions;
2.
The approved number of dwellings can be accommodated by existing and planned infrastructure capacities;
3.
Adequate evidence exists to indicate that the project will provide affordable housing in a manner consistent with the purpose and intent of this chapter and state density bonus law; and
4.
There are sufficient provisions to guarantee that the units will remain affordable for the required fifty-five-year time period.
(Ord. 928 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.32.100 Density bonus agreement.
A.
Agreement Required. An applicant requesting a density bonus shall agree to enter into a density bonus and affordability agreement ("agreement") with the city in the city's standard form of agreement.
B.
Agreement Provisions.
1.
Project Information. The density bonus agreement shall include at least the following information about the project:
a.
The total number of units approved for the housing development, including the number of designated dwelling units;
b.
A description of the household income groups to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD guidelines, as required;
c.
The marketing plan for the affordable units, using the city's preferred entity and/or land trust nonprofit entity for for-sale units;
d.
The location, approximate unit sizes (square feet), and number of bedrooms of the designated dwelling units;
e.
Tenure of the cost restrictions for designated dwelling units of the time periods required by Section 17.32.070 (Continued availability);
f.
A schedule for completion and occupancy of the designated dwelling units;
g.
A description of any additional incentives being provided by the city;
h.
A description of the remedies for breach of the density bonus agreement by the owners, developers, and/or successors-in-interest of the project; and
i.
Other provisions to ensure successful implementation and compliance with this chapter.
2.
Minimum Requirements. The density bonus agreement shall provide, at minimum, that:
a.
The developer shall give the city the continuing right of first refusal to lease or purchase any or all of the designated dwelling units at the appraised value;
b.
The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the city;
c.
When providing the written approval, the city shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for moderate, low and very low income households, as applicable and published by HUD (where required);
d.
The city shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;
e.
Applicable deed restrictions, in a form satisfactory to the city attorney, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the certificate of occupancy;
f.
In any action taken to enforce compliance with deed restrictions, the city attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the city's costs of action including legal services; and
g.
Compliance with the agreement will be monitored and enforced according to measures included in the agreement.
3.
For-Sale Housing Conditions. In the case of for-sale housing developments, the density bonus and/or affordability agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period:
a.
Designated dwelling units shall be owner-occupied by eligible households, and/or by qualified residents in the case of senior housing; and
b.
That the city's preferred method of managing and administering for-sale affordable housing units is via the use of a land-trust based not for profit organization who takes primary responsibility for administering the marketing, management, sale and future transfer of below-market rate units within the city;
c.
The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the city which:
i.
Restricts the sale of the unit in compliance with this chapter during the applicable use restriction period,
ii.
Contains provisions as the city may require to ensure continued compliance with this chapter and state law, and
iii.
Shall be recorded against the parcel containing the designated dwelling unit.
4.
Rental Housing Conditions. In the case of a rental housing development, the density bonus agreement shall provide for the following conditions governing the use of designated dwelling units during the use restriction period:
a.
The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants;
b.
Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this chapter;
c.
Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom count and monthly rent or cost of each unit; and
C.
Execution of Agreement.
1.
Following council approval of the density bonus agreement, and execution of the agreement by all parties, the city shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the county recorder's office.
2.
The approval and recordation shall take place at the same time or prior to the final map or, where a map is not being processed, before issuance of building permits for the units.
3.
The agreement shall be binding to all future owners, developers, and/or successors-in-interest.
(Ord. 928 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.32.110 Control of resale.
In order to maintain the availability of for-sale affordable housing units constructed in compliance with this chapter, the following resale conditions shall apply:
A.
The price received by the seller of an affordable unit shall be limited to an amount consistent with an increase in the purchase price based on the percentage of the appreciation in the Area Median Income for Sonoma County as published by the California Department of Housing and Community Development (HCD) for the applicable affordability level since the date of purchase, or the fair market value, whichever is less. Prior to offering an affordable housing unit for sale, the seller shall provide written notice to the city of their intent to sell. The notice shall be provided by certified mail to the director of the community development department.
B.
Home ownership affordable units constructed, offered for sale, or sold under the requirements of this section shall be offered to the city or its assignee for a period of at least ninety days from the date of the notice of intent to sell is delivered to the city by the first purchaser or subsequent purchasers (unless reduced by the city). Home ownership affordable units shall be sold and resold from the date of the original sale only to households determined to be eligible for affordable units by the city according to the requirements of this section. The seller shall not levy or charge any additional fees nor shall any "finder's fee" or other monetary consideration be allowed other than customary real estate commissions and closing costs.
C.
The owners of any affordable unit shall attach and legally reference in the grant deed conveying title of the affordable ownership unit a declaration of restrictions provided by the city, stating the restrictions imposed in compliance with this section. The grant deed shall afford the grantor and the city (or its designee) the right to enforce the declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions required by this section.
D.
The city shall monitor the resale of ownership affordable units. The city or its designee shall have a ninety-day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the city for appropriate action.
(Ord. 928 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.32.120 Judicial relief, waiver of standards.
A.
Judicial Relief. The applicant may initiate judicial proceedings if the city refuses to grant a requested density bonus, incentive, or concession.
B.
Waiver of Standards Preventing the Use of Bonuses, Incentives, or Concessions.
1.
As required by Government Code, the city will not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of Section 17.32.020(A) at the densities or with the concessions or incentives permitted by this chapter and/or state density bonus law.
2.
An applicant may submit to the city a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum lot size, side yard setbacks, placement of public works improvements, or other standards allowed under state density bonus law.
3.
The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.
C.
City Exemption. Notwithstanding the provisions of subsections A and B of this section, nothing in this section shall be interpreted to require the city to:
1.
Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction, would have a specific, adverse impact, as defined in applicable Government Code sections, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or
2.
Grant a density bonus, incentive or concession, or waive or reduce development standards, that would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
(Ord. 928 § 5, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.34.010 Purpose.
This chapter establishes requirements for landscaping to control soil erosion, conserve water, improve soil quality, enhance the appearance of development projects, screen potentially incompatible land uses, preserve the integrity of neighborhoods, improve pedestrian and vehicular traffic and safety, improve ecosystem services, water infiltration, and air quality, and reduce heat and glare. In addition, Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use. The provisions of this chapter are intended to protect local water supplies through the implementation of a whole systems approach to design, construction, installation and maintenance of the landscape resulting in water conserving climate appropriate landscapes, improved water quality and the minimization of the loss of water and other natural resources.
Cotati has a Mediterranean climate – hot dry summers and wet winters. Plantings require an establishment period and then become an established landscape. Plant communities have a succession, and as a community can better adapt to low water environments. Wherever possible, compatible plant communities should be established.
Cotati drains exclusively to the Laguna de Santa Rosa, which was first listed in 1992 as impaired under the Clean Water Act Section 303(d). Landscaped areas must be properly designed and maintained to eliminate or minimize discharges of sediment, fertilizers, and plant wastes to the storm drain system, which drains to the Laguna de Santa Rosa. Irrigation water must be applied appropriately, avoiding runoff, to minimize discharges of these pollutants.
(Ord. 826 § 1(part), 2010)
§ 17.34.020 Applicability.
Except as otherwise indicated, the provisions of this chapter apply to all land uses as follows:
A.
New Projects. Each new nonresidential, single-family residential and multifamily residential project shall provide landscaping in compliance with this chapter, except as shown below:
1.
New single-family construction, new multifamily construction with four or less units on a single parcel and the rehabilitation of existing single-family and multifamily landscapes that require a building permit shall not be required to comply with Sections 17.34.040(C)(2) and 17.34.080(A)(3)(a) and (b) if the landscaping is homeowner-provided and/or homeowner-hired with a total project landscape area less than or equal to two thousand five hundred square feet. The other provisions of this chapter shall apply to these uses.
B.
Existing Development. The approval of a building permit, minor use permit, use permit, minor variance, variance, or application for design review for physical alterations and/or a change in use within an existing development may include conditions of approval requiring compliance with specific landscaping and irrigation requirements of this chapter as determined by the review authority.
D.
This chapter applies to cemeteries, golf courses, parks, playgrounds, schools and sports fields, except that they are exempt from the turf area limit. Turf will be allowed for these uses in all areas where the functional need for turf can be demonstrated. The other provisions of this chapter shall apply to these uses.
(Ord. 826 § 1(part), 2010)
§ 17.34.030 Definitions.
Definitions of certain technical terms and phrases used in this chapter are included under "Landscaping standards" in Article 9, Glossary.
(Ord. 826 § 1(part), 2010)
§ 17.34.040 Landscape and irrigation plans.
A.
Preliminary Landscape Plan. A preliminary landscape plan shall be submitted as part of each application for new development, or the significant expansion (e.g., twenty-five percent or more of floor area) or redevelopment of an existing use, as determined by the director.
B.
Final Landscape Plan. After planning permit approval, a final landscape plan shall be submitted as part of the application for a building permit. A final landscape plan shall be approved by the review authority before the start of grading or other construction, and before the issuance of a building permit.
C.
Content and Preparation.
1.
Required Information. Preliminary landscape plans and final landscape plans shall contain the information required for landscape plans by the department. However, at a minimum, these plans shall include the following information:
a.
Preliminary Landscape Plans. Location of proposed materials, including the identification of groundcovers, shrubs, and trees, as well as a completed Appendix A, Maximum Applied Water Allowance (MAWA), and a conceptual irrigation design plan or statement which describes irrigation methods and design actions that will be employed to meet the irrigation specifications of this chapter.
b.
Final Landscape Plans. Detailed drawings and specifications clearly identifying the name, size, and precise location of all materials, as well as the precise location and technical description of the irrigation system and its individual components. A completed Appendix A, MAWA, and a completed Appendix B, Hydrozone Table. The landscape plan shall be designed to integrate storm water best management practices (BMPs). Where slopes exceed ten percent, a grading plan shall be included that accurately and clearly identifies finished grades, drainage patterns, pad elevations, spot elevations and storm water retention improvements, and mimics the predevelopment hydrology as much as practical. The grading design plan shall contain the following statement: "I have complied with the criteria of Chapter 17.34 (Water Efficient Landscaping Standards) of the city of Cotati Municipal Code and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law.
2.
Preparation by Qualified Professional. Each landscape plan submitted in compliance with this chapter shall be prepared by a California licensed landscape architect, licensed landscape contractor, certified nurseryman, or other professional determined by the director to be qualified, based on the requirements of state law.
D.
Review and Approval. After initial application, the director shall review each preliminary landscape plan and final landscape plan to verify its compliance with the provisions of this chapter. The design review administration may approve the submittal in compliance with this chapter and Section 17.62.040(E), or may deny or require changes to a submittal if it is not in compliance.
E.
Statement of Surety. When required by the director, security in the form of cash, performance bond, letter of credit, or instrument of credit, in an amount equal to one hundred fifty percent of the total value of all plant materials, irrigation, installation, and maintenance, shall be posted with the city for a two-year period from final inspection. The director may require statements of surety for phased development projects, a legitimate delay in landscape installation due to seasonal requirements (including adverse weather conditions) and similar circumstances where it may not be advisable or desirable to install all approved landscaping before occupancy of the site.
(Ord. 885 § 2 Exh; A (part), 2019; Ord. 826 § 1(part), 2010)
§ 17.34.050 Landscape location requirements.
Landscaping shall be provided in all areas of a site subject to development with structures, grading, or the removal of natural vegetation, as follows:
A.
Setbacks. The setback and open space areas required by this land use code, and easements for utilities and drainage courses, shall be landscaped, except where:
B.
Unused Areas. Any area of a project site not intended for a specific use, including a commercial pad site intended for future development, shall be landscaped unless retained in its natural state, and the review authority determines that landscaping is not necessary to achieve the purposes of this chapter.
C.
Requirements by Zoning District. The minimum area of each site to be landscaped with materials permeable to water shall comply with Table 3-6:
Table 3-6 Area of Landscaping Required | |
|---|---|
Land Use Type | Minimum Area of Landscaping Required |
Single-family residential | Front yards, side yards, rear yards and all common areas not occupied by decks, patios, walkways or other approved landscape features |
Other residential (duplex and multifamily) | All open areas not occupied by decks, patios, walkways or other approved landscape features |
Commercial | 20 percent, except for a reduction approved by the review authority due to parcel size or zero lot line construction, none required in the CD zone |
Industrial | 20 percent |
All others | At the discretion of the review authority |
D.
Parking Areas. Parking areas shall be landscaped as follows:
1.
Landscape Materials. Landscaping shall be provided throughout the parking lot as a combination of groundcover, shrubs, and trees.
2.
Curbing. Areas containing plant materials shall be protected in compliance with Section 17.36.090(J).
3.
Perimeter Parking Lot Landscaping. All surface parking areas shall be screened from streets and adjoining properties, and the open areas between the property line and the public street right-of-way shall be landscaped.
a.
Adjacent to Streets, Where Allowed by Section 17.36.090 or Preexisting Conditions.
i.
A parking area for a nonresidential use adjoining a public street, where allowed by Section 17.36.090, Parking design and development standards, shall be designed to provide a landscaped planting strip between the street right-of-way and parking area equal in depth to the setback required by the applicable zoning district or fifteen feet, whichever is more.
ii.
A parking area for a residential use, except for a single-family dwelling, shall be designed to provide a landscaped planting strip between the street right-of-way and parking area equal in depth to the setback required by the applicable zoning district.
iii.
The landscaping shall be designed and maintained to screen cars from view from the street to a minimum height of thirty-six inches, but shall not exceed any applicable height limit for landscaping within a setback.
iv.
Screening materials may include a combination of plant materials, earth berms, solid decorative masonry walls, raised planters, or other screening devices which meet the intent of this requirement.
v.
Shade trees shall be provided at a minimum rate of one for every twenty-five linear feet of landscaped area.
vi.
Plant materials, signs, or structures within a traffic safety sight area of a driveway shall comply with Section 17.30.040(E).
b.
Adjacent to Side or Rear Property Lines. A parking area for a nonresidential use shall provide a perimeter landscape strip at least eight feet wide (inside dimension) where the parking area adjoins a side or rear property line. The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required to be eight feet or greater. Trees shall be provided within the landscape strip at the rate of one for each twenty-five linear feet of landscaped area.
c.
Adjacent to Structures. When a parking area is located adjacent to a nonresidential structure, a minimum eight-foot-wide (inside dimension) landscape strip shall be provided adjacent to the structure, exclusive of any building entries, or areas immediately adjacent to the wall of the structure that serve as pedestrian accessways.
d.
Adjacent to Residential Use. A parking area for a nonresidential use adjoining a residential use shall provide a landscaped buffer setback with a minimum ten-foot width between the parking area and the common property line bordering the residential use. A solid, continuous decorative masonry wall or fence and landscape buffer shall be provided along the property line, except for approved access points, to address land use compatibility issues (e.g., nuisance noise and light/glare), as determined by the review authority to be necessary. Trees shall be provided at the rate of one for each twenty-five linear feet of landscaped area.
4.
Interior Parking Lot Landscaping.
a.
Amount of Landscaping. Multifamily, commercial, and industrial uses shall provide landscaping within each outdoor parking area at a minimum ratio of ten percent of the gross area of the parking lot. Trees not less than five feet in height and fifteen-gallon container in size shall be planted throughout the parcel and along any street frontage. Trees shall be planted in parking areas so that fifty percent shading of parking lot pavement is achieved within ten years. Street trees shall shade thirty percent of the street and sidewalk within ten years. At a minimum, one shade tree shall be provided for every five parking spaces.
b.
Location of Landscaping. Landscaping shall be evenly dispersed throughout the parking area, as follows:
i.
Orchard-style planting (the placement of trees in uniformly spaced rows) is encouraged for larger parking areas.
ii.
Parking lots with more than fifty spaces shall provide a concentration of landscape elements at primary entrances, including, at a minimum, specimen trees, flowering plants, enhanced paving, and project identification.
iii.
Landscaping shall be located so that pedestrians are not required to cross unpaved landscaped areas to reach building entrances from parked cars. This shall be achieved through proper orientation of the landscaped fingers and islands, and by providing pedestrian access through landscaped areas that would otherwise block direct pedestrian routes.
c.
Groundwater Recharge. The design of parking lot landscape areas shall consider, and may, where appropriate, be required to include, provisions for the on-site detention of storm water runoff, pollutant cleansing, and groundwater recharge.
E.
Subdivisions. A new subdivision shall be designed and constructed to provide landscaping as follows:
1.
Residential Subdivisions. A residential subdivision shall be provided landscaping in the form of one street tree for each twenty-five feet of street frontage, in the planter strip or other location approved by the review authority, landscaping with irrigation facilities for any common areas or other open space areas within the subdivision, and any additional landscaping required by the review authority. The species of street trees shall be as required by the review authority, and the plantings shall comply with the city's standard specifications.
2.
Nonresidential Subdivisions. Nonresidential subdivisions shall be provided landscaping as required by the review authority.
(Ord. 885 § 2 Exh; A (part), 2019; Ord. 826 § 1(part), 2010)
§ 17.34.060 Landscape standards.
A.
Landscape Design. The required landscape plan shall be designed to integrate all elements of the project (e.g., buildings, parking lots, and streets) to achieve their aesthetic objectives, desirable microclimates, and minimize water and energy demand.
1.
Plant Selection and Grouping. Plant materials shall be selected for: low water demand and drought tolerance; use of appropriate native species; adaptability and relationship to the Cotati environment, and the geological and topographical conditions of the site; color, form, and pattern; ability to provide shade; and soil retention capability, in compliance with this chapter.
a.
Selected plants shall not cause the estimated total water use (ETWU) to exceed the maximum applied water allowance (MAWA) – see calculation in Appendix A.
b.
Plants having similar water use shall be grouped together in distinct hydrozones and where irrigation is required the distinct hydrozones shall be irrigated with separate valves.
c.
Low and moderate water use plants can be mixed, but the entire hydrozone will be classified as moderate water use for MAWA calculations.
d.
High water use plants shall not be mixed with low or moderate water use plants in the same hydrozone.
e.
All nonturf plants shall be selected, spaced and planted appropriately based upon their adaptability to the climatic, geologic and topographical conditions of the project site.
f.
The protection and preservation of native species and natural areas is encouraged, and may be required by conditions of approval.
g.
Fire prevention shall be addressed on sites in the rural or highly vegetated areas of the city identified by the fire district as being fire prone by providing fire-resistant landscaping buffers between development areas and naturally vegetated areas, as identified by the review authority.
2.
Storm Water Management. Rain gardens, cisterns, and other landscape features and practices that increase rainwater capture and create opportunities for infiltration and/or on-site storage are recommended.
3.
Minimum Dimensions. Each area of landscaping that utilizes overhead spray irrigation shall have a minimum interior width of eight feet within the residential, commercial, and industrial zoning districts. Wherever this land use code requires a landscaped area of a specified width, the width shall be measured exclusive of any curb or wall.
4.
Height Limits. Landscape materials shall be selected, placed on a site, and maintained to not:
a.
Exceed a maximum height of thirty-six inches within a required traffic safety visibility area (Section 17.30.040(E)), except for trees with the lowest portion of their canopy maintained at a minimum height of eight feet above grade; or
b.
Interfere with the proper operation of solar energy equipment or passive solar design on adjacent parcels.
B.
Plant Material. Required landscape plans shall include groundcovers, shrubs, and trees, which shall be selected and installed in compliance with this chapter, and as follows:
1.
Size at Time of Planting. Plant materials shall be sized and spaced to achieve immediate effect and shall not be less than a five-gallon container for specimen shrubs, a fifteen-gallon container for trees, and a one-gallon container for mass planting, unless otherwise approved by the review authority.
2.
Trees. Tree planting shall comply with the following standards. Existing trees shall be retained and preserved wherever and whenever possible, in compliance with Chapter 17.54, Tree Preservation and Protection.
a.
Trees shall not be planted under any structure that may interfere with normal tree growth (e.g., an eave, overhang, balcony, light standard, or other similar structure).
b.
Root barriers shall be provided for trees in landscape planters less than ten feet in width or located five feet or closer to a permanent structure.
c.
Trees shall be staked in compliance with standards provided by the department.
d.
Number of Trees.
i.
Parking Area. Refer to Section 17.34.050(D).
ii.
Street Trees. One per twenty-five-foot length of right-of-way. The review authority may modify this requirement depending on the chosen tree species and its typical spread at maturity.
3.
Groundcover and Shrubs. Landscape areas shall include the following types of plant materials:
a.
Groundcover, shrubs, turf, or other types of plants that are predominantly drought tolerant;
b.
A minimum of two, five-gallon size shrubs shall be provided for every six feet of distance along street frontages, or as approved by the review authority;
c.
Groundcover shall be provided throughout the landscaped area and shall be spaced to achieve full coverage within one year;
d.
Artificial groundcover or shrubs shall not be allowed;
e.
Crushed rock, redwood chips, pebbles, stone, and similar materials shall be allowed up to fifteen percent of the total required landscape area;
f.
Nonturf areas (e.g., shrub beds) shall be top dressed with bark chip, mulch, or approved alternative.
4.
Turf shall be limited to twenty-five percent of the total landscaped area on the site. All turf shall be a drought-tolerant variety. No turf shall be allowed:
a.
In any area of eight feet or less in width; or
b.
On any slope exceeding ten percent. A swale or level buffer zone of twenty-four inches shall be provided between bermed turf areas and any hardscape (e.g., any street, walkway, or similar feature); or
c.
Street medians, traffic islands, planter strips or bulbouts of any size.
C.
Water Features. Decorative water features (e.g., fountains, ponds, pools) shall have recirculating water systems. Recycled water shall be used when available on site.
D.
Soil Conditioning and Mulching. A soil test for horticultural suitability shall be required at time of landscape installation in each landscaped area. The soil shall be prepared and/or amended to be suitable for the landscape to be installed, in compliance with this chapter.
1.
A minimum one-foot depth of nonmechanically compacted soil shall be available for water absorption and root growth in planted areas.
2.
In areas with spray irrigation (as opposed to bubbler or drip irrigation), organic amendment shall be incorporated into the soil to a minimum depth of eight inches at a minimum rate of six cubic yards for each one thousand square feet of landscape area, or as specified by amendment recommendations from a soils laboratory report.
3.
A minimum of a three-inch layer of porous mulch shall be applied to all exposed soil surfaces of nonturf areas within the landscaped area. Nonporous material (e.g., plastic sheeting) shall not be placed under the mulch; however, porous landscape fabric is allowed.
4.
Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required if prohibited by fire fuel modification plan guidelines or other applicable local ordinances.
(Ord. 907 § 3 (Exh. A), 2022; Ord. 826 § 1(part), 2010)
§ 17.34.070 Irrigation standards.
A.
Irrigation. For each landscape project subject to this chapter, applicants shall submit an irrigation design plan that is designed and installed to meet irrigation efficiency criteria as described in Appendix A (MAWA) and in accordance with the following:
1.
Equipment Requirements.
a.
Dedicated irrigation or submeter must be specified.
b.
All landscaped areas shall be irrigated using weather based or other sensor based self-adjusting irrigation controllers. Controllers shall utilize a rain sensor/shut-off device and have the ability to revert to historical weather data. Dual or multi-program function controller with separated valves and circuits shall be used when the project contains more than one type of landscape treatment (e.g., turf, groundcover, shrub, tree areas), or a variety of sun exposures.
c.
Irrigation systems with meters one and one-half inches or greater require a high-flow sensor that can detect high flow conditions and has the capability to shut off the system.
d.
Check valves are required where elevation differential may cause low head drainage.
e.
Pressure regulation and/or booster pumps shall be installed to effect correct operating pressure per manufacturer's recommendations for each type of irrigation head or drip method.
f.
Isolation valves (manual shut-off valves, such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply and before each valve or manifold, to minimize water loss in case of an emergency (such as a main line break) or routine repair.
g.
Backflow prevention devices shall be required in accordance with city engineering standards or applicable state and local requirements, as determined by the city engineer.
h.
Point source irrigation is required where plant height at maturity will affect the uniformity of an overhead system.
i.
Slopes greater than fifteen percent shall be irrigated with point source or other low volume irrigation technology.
j.
A single valve shall not irrigate hydrozones that mix high water use plants with moderate or low use plants.
k.
Trees shall be placed on separate valves except when planted in turf areas.
l.
Sprinkler heads, rotors and other emission devices on a valve shall have matched precipitation rates, unless otherwise directed by manufacturer's recommendations.
m.
Head to head coverage is required unless otherwise directed by manufacturer's recommendations.
n.
Swing joints or other riser protection components are required on all risers.
2.
Installation. Irrigation delivery systems shall be installed so that water does not run off or overspray onto adjacent pavement, sidewalks, structures, or other non-landscaped areas. Overhead irrigation shall not be permitted within twenty-four inches of any continuous hardscape that flows into the curb and gutter. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material.
3.
Scheduling of Irrigation. Watering shall be scheduled at times of minimal wind conflict and evaporation loss. Two seasonal water schedules shall be posted at the controller. One schedule shall be designed to address the initial establishment period of the plants and the second schedule shall be designed to address an established landscape.
(Ord. 826 § 1(part), 2010)
§ 17.34.080 Documentation for compliance.
A.
The following documentation shall be submitted to the city as part of the requirements of this section:
1.
Preliminary Landscape Plan. The preliminary landscape plan shall comply with Sections 17.34.040(A) and (C)(1)(a).
2.
Final Landscape Plan. The final landscape plan shall comply with Sections 17.34.040(B) and (C)(1)(b).
3.
Completion of Installation. Upon completion of installation of the landscape, the landscape design principal or owner shall submit to the building department a completed Appendix C, the certificate of completion, stating that the project has been installed as designed, or with documentation of suitable substitutions.
a.
The certificate must be accompanied by an irrigation audit that contains the following:
i.
Operating pressure of the irrigation system.
ii.
Distribution uniformity of the overhead irrigation.
iii.
Precipitation rate of overhead irrigation.
iv.
Report of any overspray or broken irrigation equipment.
v.
Backflow certification by a certified inspector, if applicable.
vi.
Irrigation schedule including:
(A)
Plant establishment irrigation schedule.
(B)
Regular irrigation schedule by month including: plant type, root depth, soil type, slope factor, shade factor, irrigation interval (days per week), irrigation run times, number of start times per irrigation day, gallons per minute for each valve, precipitation rate, distribution uniformity and monthly estimated water use calculations.
b.
An irrigation maintenance schedule timeline must be attached to the certificate of completion that complies with Section 17.34.100, Maintenance of landscape areas.
c.
A final city inspection shall be performed. An extension of any permit to complete landscape and irrigation installation shall be requested and must receive approval from the director prior to occupancy.
(Ord. 826 § 1(part), 2010)
§ 17.34.090 Alternate provisions.
A.
Alternative Provisions. The review authority:
1.
Shall consider and may allow the substitution of design alternatives and innovations that will lead to a greater or equivalent reduction in water consumption than the measures identified in this chapter; and
2.
If allowed, accept documentation methods, water allowance determinations, and landscape and irrigation design requirements of the State of California Model Water Efficient Landscape Ordinance in lieu of the requirements of Sections 17.34.040, 17.34.050, 17.34.060 and 17.34.070 where it can be demonstrated that compliance with the requirements of the state model ordinance will lead to a greater or equivalent reduction in water consumption than the measures identified in this section.
(Ord. 826 § 1(part), 2010)
§ 17.34.100 Maintenance of landscape areas.
A.
Maintenance Required. All site landscaping shall be maintained in a healthful and thriving condition at all times. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this chapter. Regular maintenance shall include checking, adjusting, and repairing irrigation equipment; resetting automatic controllers; aerating and dethatching turf areas; adding/replenishing mulch, fertilizer, and soil amendments; pruning; trimming; and weeding all landscaped areas. Regular maintenance programs shall include the trimming of vegetation as necessary to maintain the effective functioning of solar energy facilities and passive solar design features installed both on site and on adjacent properties.
B.
Maintenance Agreement. At the discretion of the director, a maintenance agreement may be required. The form and content of the agreement shall be approved by the city attorney and the director.
C.
Water Waste Prohibited. Water waste in existing developments resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures is prohibited. Efficient watering practices shall be conducted in compliance with this chapter.
D.
Enforcement. Failure to maintain landscape areas in compliance with this section is a nuisance, and shall be subject to abatement in compliance with the municipal code, and/or the applicable land use permit may be revoked.
(Ord. 826 § 1(part), 2010)
§ 17.36.010 Purpose.
The requirements of this chapter are intended to ensure that sufficient off-street parking is provided for all uses and structures located more than one-half mile from public transit, consistent with Government Code Section 65853.2, and that parking facilities are properly designed, attractive, and located to be unobtrusive, generally to the rear of the site, while meeting the needs of the specific use or structure.
(Ord. 918 § 12, 2023; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.36.020 Applicability.
Each land use and structure located more than one-half mile from public transit, consistent with Government Code Section 65853.2, including a change or expansion of a land use or structure shall be provided continuously maintained off-street parking and loading areas in compliance with this chapter. A land use shall not be commenced, and a structure shall not be occupied until the improvements required by this chapter are satisfactorily completed.
(Ord. 918 § 13, 2023; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.36.040 General parking regulations.
A.
Location of Parking on a Site. Parking and loading spaces shall be located as required in Section 17.36.090(A).
B.
Timing of Installation. A new or altered structure shall not be occupied, and a new land use not requiring a structure shall not be established, until all off-street parking and loading facilities required by this chapter are in place and approved by the city.
C.
Parking and Loading Spaces to Be Permanent. Each parking and loading space shall be permanently available, marked, and maintained for parking or loading purposes for the use it is intended to serve, notwithstanding replacement of religious-use parking as provided for in Government Code Section 65913.6. The approval of a limited term permit (Section 17.62.030), may allow the temporary use of a parking or loading space for other purposes.
D.
Parking and Loading to Be Unrestricted. An owner, lessee, tenant, or other person, having control of the operation of a premises for which parking or loading spaces are required by this chapter, shall not prevent, prohibit, or restrict authorized persons from using the spaces without the prior approval of the director.
(Ord. 918 § 14, 2023; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.36.050 Number of parking spaces required.
Each land use shall be provided the number of off-street automobile parking spaces required by this section. See Section 17.36.070 for off-street parking requirements for bicycles and motorcycles.
A.
Parking Requirements by Land Use.
1.
Each land use shall provide the number of off-street parking spaces required by Table 3-7, except where a greater number of spaces is required through discretionary permit review, or where a reduction of parking is granted in compliance with Section 17.36.080 (Reduction of parking requirements). Minimum automobile parking requirements shall not be imposed or enforced on a residential, commercial, or other development project, if the project is located within one-half mile of public transit, unless specific findings are made within thirty days of submittal to the city of a complete application, consistent with Government Code Section 65853.2. Multifamily residential developments providing no more than one and one-half parking spaces per dwelling unit (averaged across the total number of dwelling units) shall submit a parking management plan as part of the planning permit application(s) required by this land use code, describing how the provided parking will be sufficient to serve the parking needs of the proposed development without impacts to the surrounding neighborhood.
2.
A land use not specifically listed by Table 3-7 shall provide parking as required by the review authority. The review authority shall use the requirements in Table 3-7 as a guide in determining the number of off-street parking spaces required, except for residential, commercial, or other development projects located within one-half mile of public transit (except for parking requirements applicable to nonresidential use hotel, motel, bed and breakfast inn, or other transient lodging uses) or unless specific findings are made within 30 days of submittal to the city of a complete application, consistent with Government Code Section 65853.2.
3.
In any case where Table 3-7 establishes a parking requirement based on floor area in square feet (for example: one space per one thousand square feet of gross floor area), the floor area shall be construed to mean gross interior floor area.
4.
A single use with accessory components shall provide parking for primary use, and each component except in instances where the review authority finds that the parking provided for the primary use is adequate to meet the overall parking demands of the entire project. For example, a hotel with a meeting room may provide the parking spaces required by Table 3-7 for a hotel (e.g., the guest rooms), and for a meeting room, as deemed necessary by the review authority.
B.
Expansion of Structure, Change in Use. When a structure is enlarged, or when a change in its use requires more off-street parking than the previous use, additional parking spaces shall be provided in compliance with this chapter except where the number of additional spaces required is ten percent or less of the number of existing spaces. See also Chapter 17.82 (Nonconforming Uses, Structures, and Parcels).
C.
Multitenant Sites. A site with multiple tenants shall provide the aggregate number of parking spaces required for each separate use; except where the site is developed as an integrated center or mixed-use development with shared parking and no spaces reserved for a particular use, parking shall be provided as required by Table 3-7 for a retail complex, or deemed as appropriate by the review authority based on project analysis and information provided by the applicant. When a multitenant center includes one or more uses that will need more parking than retail uses (for example, a fitness center, restaurant, or theater), additional parking shall be required for the nonretail use unless a parking reduction is approved in compliance with Section 17.36.080 (Reduction of parking requirements).
D.
Excessive Parking. The city discourages a land use being provided more off-street parking spaces than required by this chapter, to avoid the inefficient use of land, unnecessary pavement, and excessive storm water runoff from paved surfaces. The provision of off-street parking spaces in excess of the requirements in Table 3-7 is allowed only when additional landscaping and pedestrian amenities are also provided to the satisfaction of the review authority.
E.
Bench or Bleacher Seating. Where fixed seating (e.g., benches, bleachers, pews, or similar seating) is provided, a seat shall be defined as eighteen inches of bench space for the purpose of calculating the number of required parking spaces as provided in Table 3-7.
F.
Nonconforming Parking. A structure with nonconforming off-street parking may be physically changed or undergo a change in use subject to the following provisions:
1.
Residential Uses. No additional parking spaces shall be required; provided, the change does not increase the floor area, nor increase the number of dwelling units, nor eliminate the only portion of the site that can be used for the required or existing parking or access.
2.
Nonresidential Uses. The number of existing parking spaces shall be maintained on the site and additional parking shall be provided in compliance with this chapter for any additional floor area. If the use of the structure is changed to one that requires more parking than the previous use, the difference between the parking spaces required for the previous use and the new use shall be provided.
G.
State Parking Exceptions. Parking requirement exceptions are available consistent with Government Code Section 65853.2 for projects located within one-half mile of public transit and apply to all uses except for projects subject to specific thirty-day findings, and parking requirements for non-residential use hotel, motel, bed and breakfast inn, or other transient lodging uses.
Table 3-7 Parking Requirements by Land Use | ||
|---|---|---|
Land Use Type: | Vehicle Spaces Required | |
Manufacturing Processing and Warehousing | ||
All manufacturing, industrial, and processing uses, except as follows: | 1 space for each 250 sq. ft. of office area; 1 space for each 1,000 sq. ft. of ground and/or building area devoted to other than office; 1 space for each company vehicle. | |
Industrial research and development, laboratories | 1 space for each 400 sq. ft. of floor area, plus 1 space for each company vehicle. | |
Recycling facilities | ||
Medium collection facilities | Determined by minor use permit. | |
Small collection facilities | Determined by minor use permit. | |
Recreation, Education, Public Assembly | ||
Bar/tavern, night club (not within a retail complex) | 1 space for each 50 sq. ft. of seating area and waiting/lounge area exclusive of dance floor, and 1 space for each 30 sq. ft. of dance floor. | |
Commercial recreation facilities – Indoor | ||
Arcade | 1 space for each 200 sq. ft. of floor area. | |
Bowling alley | 5 spaces for each lane. | |
Pool and billiard room | 2 spaces for each table. | |
Skating rink | 1 space for each 100 sq. ft. of rink area. | |
Commercial recreation facilities – Outdoor | Determined by use permit. | |
Equestrian facilities – Commercial stables | 1 space for each 5 horses boarded. | |
Golf | ||
Golf courses and country clubs | 4 spaces for each hole, plus as required by this table for accessory uses (e.g., pro shop, bar, restaurant, etc.) | |
Golf driving ranges | 1 space for each tee. | |
Miniature golf courses | 3 spaces for each hole, plus as required by this table for accessory uses (e.g., game room, food service, etc.) | |
Health/fitness facilities | 1 space for each 200 sq. ft. of floor area. | |
Library, museum | 1 space for each 300 sq. ft. of floor area. | |
Meeting facility, public or private | 1 space for each 4 seats, or 1 space for each 40 sq. ft. of floor area if no seats are provided, whichever is greater, plus 1 space for each classroom or office. | |
Schools (public and private) | ||
Kindergarten and nursery schools | 1 space for each 3 employees (including administrators and teachers) and 1 space for each 10 children. | |
Elementary/middle schools | 1 space for each employee plus 1 space for each 8 students. | |
Secondary (high) schools | 1 space for each employee plus 1 space for each 4 students. | |
Colleges and universities (including trade and business schools) | 1 space for each 1.5 students. | |
Studios (art, dance, martial arts, music, etc.) | 1 space for each 200 sq. ft. of floor area. | |
Swimming pools (public, private and commercial) | 1 space for each 100 sq. ft. of pool deck area. | |
Tennis/racquet/handball or other courts | 2 spaces for each court, plus 1 space for each 300 sq. ft. of floor area for accessory uses. | |
Theaters, auditoriums | 1 space for each 3 seats. | |
Residential | ||
Accessory dwelling unit or junior accessory dwelling unit | See Section 17.42.170 (Accessory dwelling units/junior accessory dwelling units). | |
Live/work units | 1 space for each unit. | |
Multifamily housing | ||
Studio units and one-bedroom units | 1 space for each unit. | |
Two- and three-bedroom units | 1.5 spaces for each unit. | |
Four-bedroom units and above | 2 spaces for each unit, or less as required by the review authority. | |
Guest parking | 1 space for each 4 units. | |
Organizational house | 1 space for each bedroom. | |
Residential care homes | ||
Six or fewer clients | 2 spaces. | |
Seven or more clients | 1 space for each 2 beds, plus 1 space for each 4 beds for guests and employees. | |
Rooming or boarding houses | 1 space for each bedroom. | |
Senior housing projects | 1 space for each two units, plus 1 guest parking space for each 10 units. Reduced parking may be provided in compliance with Section 17.36.080(C) (Reduced Parking for Restricted Senior Housing Projects). | |
Single-family dwellings including mobilehome units and manufactured housing | 2 spaces. | |
Retail Trade | ||
All "Retail Trade" uses listed under "Retail Trade" in Tables 2-2 or 2-3, except the following: | 1 space for each 200 sq. ft. of floor area, and 1 space for each 200 sq. ft. of outdoor sales area. | |
Auto and vehicle sales and rental | 1 space for each 400 sq. ft. of floor area for showroom and office, 1 space per 600 sq. ft. of area used for repairs and services, and 1 space for each 2,000 sq. ft. of outdoor display area. | |
All customer parking shall be clearly marked and not to be used for parking of unregistered vehicles. No damaged, inoperative, wrecked, or abandoned vehicles shall be stored in any exterior area for more than five days. | ||
Building and landscape materials, and furniture, furnishing, and appliance stores | 1 space for each 500 sq. ft. of indoor display area for first 10,000 sq. ft., 1 space for each 1,000 sq. ft. of indoor display area over 10,000, and 1 space for each 1,000 sq. ft. of outdoor display area. | |
Convenience stores | 1 space for each 250 sq. ft. of floor area. | |
Garden stand | 2 spaces minimum, either on-street adjacent to the property or off street, out of the public right-of-way. | |
Grocery stores, delicatessens, supermarkets (not within a retail complex) | 1 space for each 150 sq. ft. of floor area used for display and sales, and 1 space for each 800 sq. ft. of floor area used exclusively for warehousing. | |
Plant nursery, garden supply stores | 1 space for each 2,000 sq. ft. of site area, and 1 loading space, 15 ft. x 30 ft., for each acre. | |
Produce stands or other outdoor vendors | 3 spaces minimum or 1 space for each 150 sq. ft., whichever results in a greater number of spaces. The spaces shall be located at least 20 feet off the public right-of-way or 20 feet from the front property line with no vehicle maneuvering allowed in the public right-of-way. The use permit may require additional parking, depending on the nature of the sales proposed. | |
Restaurants (not within a retail complex) | 1 space for each 50 sq. ft. of dining, indoor/outdoor seating, waiting, and lounge areas. | |
Retail complexes | 1 space for each 250 sq. ft. of floor area for complexes of less than 30,000 sq. ft., and 1 space for each 300 sq. ft. for complexes of 30,000 sq. ft. or more. | |
Services | ||
Banks, financial services (not within a retail complex) | 1 space for each 180 sq. ft. of floor area, plus 4 tandem stacking spaces for each outdoor teller or teller station. | |
Child day care | See Section 17.42.060. | |
Equipment rental | 1 space for each 300 sq. ft. of floor area, plus 1 space for each 1,000 sq. ft. of outdoor storage and rental area. | |
Laundry – Dry cleaning pick-up facilities and laundromats | 1 space for each 250 sq. ft. of floor area. | |
Laundry – Laundries and dry cleaning plants | 1 space for each 1,000 sq. ft. of floor area. | |
Lodging | ||
Bed and breakfast inns | 1 space for each guest room, plus 2 covered spaces for the resident family. | |
Hotels or motels | 1 space for each guest room or rental unit, or 1 space for each two beds, whichever is greater, plus required spaces for accessory uses. | |
Medical services | ||
Clinics and laboratories | 1 space for each 225 sq. ft. of floor area, or 4 spaces for each doctor, whichever is greater. | |
Doctor offices | 1 space for each 225 sq. ft. of floor area, or 4 spaces for each doctor, whichever is greater. | |
Extended care, urgent care | 1 space for each 3 patient beds the facility is licensed to accommodate. | |
Hospitals | 1 space for each 2 patient beds the facility is licensed to accommodate. | |
Mortuaries, funeral homes | 1 space for each 4 seats in main sanctuary. | |
Offices | ||
Business and service | 1 space for each 250 sq. ft. of floor area. | |
Processing | 1 space for each 150 sq. ft. of floor area. | |
Professional | 1 space for each 250 sq. ft. of floor area. | |
Personal services – All except the following: | 1 space for each 250 sq. ft. of floor area. | |
Pet grooming | 1 space for each 400 sq. ft. of floor area. | |
Public utility structure or installation, bus depot, or transit station | 1 space for each 3 employees, plus additional spaces required by the commission. | |
Service (gas) stations | 1 space for each 250 sq. ft. of floor area, plus 3 spaces for each service bay. | |
Storage (Personal storage/mini-storage facilities) | ||
Indoor storage units | 1 space for each 1,500 sq. ft. of floor area, plus 2 spaces for manager's office. | |
Separately accessible storage units | 4 spaces for manager's office. | |
Vehicle services – All except the following: | (All customer parking shall be clearly marked and not to be used for parking of unregistered vehicles. No damaged, inoperative, wrecked, or abandoned vehicles shall be stored in any exterior area for more than five days.) 4 spaces for each service bay, plus spaces for any office as required by this section for offices. | |
Car wash – Self service | 1 drying space for each stall. | |
Car wash – Full service | 10 spaces, plus 6 spaces for each wash lane for queuing and drying area. | |
Veterinary clinics, animal hospitals, kennels | 1 space for each 250 sq. ft. of floor area. | |
Kennels separate from other facilities | 1 space for each employee, plus 2 spaces. | |
(Ord. 927 § 10, 2024; Ord. 918 §§ 15, 16, 2023; Ord. 915 § 6, 2022; Ord. 893 § 8, 2020; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.36.060 Disabled parking requirements.
A.
Accessibility Requirements. Parking lots and facilities shall be designed to provide for access by the physically disabled from public rights-of-way, across intervening parking spaces, and into structures, including parking spaces specifically designed and located for the use of the disabled/handicapped, shall be required. Standards for the facilities shall be based on the standards of the American Standards Association and/or other applicable guidelines.
B.
Number of Spaces Required. Parking spaces for the disabled shall be provided in compliance with the Uniform Building Code (UBC), the Federal Accessibility Guidelines, and/or California Code of Regulations Title 24, as applicable. Parking spaces required for the disabled shall count toward compliance with the number of off-street parking spaces required by Section 17.36.050 (Number of parking spaces required) of this chapter.
(Ord. 927 § 11, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.36.070 Bicycle and motorcycle parking.
A.
Bicycle Parking. Each multifamily residential development and nonresidential land use shall provide bicycle parking in compliance with this section.
1.
Number of Bicycle Spaces Required.
a.
Multifamily residential uses shall provide bicycle parking spaces equal to a minimum of one bicycle space for every four dwelling units or fraction thereof, with a minimum of two bicycle spaces. For multifamily developments of fourteen or more dwelling units, a minimum of seventy-five percent of bicycle parking spaces or fraction thereof shall be long-term parking and the remaining spaces may be short-term parking. The number of long-term bicycle parking spaces may be reduced by the review authority if dwelling units are provided with a private garage or private, ground-floor, enclosed storage space that will accommodate a bicycle.
b.
Nonresidential uses shall provide bicycle parking spaces equal to a minimum of one bicycle space for every ten automobile spaces or fraction thereof, with a minimum of two bicycle spaces. A minimum of twenty-five percent of bicycle parking spaces or fraction thereof shall be long-term parking and the remaining spaces may be short-term parking.
2.
Bicycle Parking Design and Devices.
a.
Short-term bicycle parking spaces are typically in the form of bicycle racks. Bicycle racks must meet the following criteria:
i.
Supports the bicycle upright by its frame in two places;
ii.
Prevents the wheel of the bicycle from tipping over;
iii.
Enables the bicycle frame and at least one wheel to be secured to the rack with a U-lock;
iv.
Rack is constructed of materials that resist cutting by manual tools such as bolt cutters, hand saws, abrasive cutting cables, and pipe cutters.
b.
Long-term bicycle parking protects the entire bicycle and its components from theft, vandalism, and inclement weather.
i.
Bicycle Lockers. A bicycle locker is a fully enclosed space for one bicycle, accessible only to the owner of the bicycle. A bicycle locker must be equipped with an internally mounted key-actuated or electronic locking mechanism, and not lockable with a user-provided lock. Groups of internal-lock bicycle lockers may share a common electronic access mechanism; provided, that each locker is accessible only to its assigned user. Bicycle lockers shall be constructed of molded plastic/fiberglass, solid metal, or perforated metal.
ii.
Restricted-Access Bicycle Enclosure. A restricted-access bicycle enclosure is a covered or indoor locked area containing within it one bicycle rack space for each bicycle to be accommodated and accessible only to the owners of the bicycles parked within it.
3.
Bicycle Parking Space Location and Layout.
a.
Short-term bicycle parking facilities that consist of permanently anchored bicycle racks shall be located in a convenient, highly visible, and well-lighted area within fifty feet of the primary entrance of each structure they are intended to serve, and within view of pedestrian traffic.
b.
Long-term bicycle parking facilities for tenant and occupant use shall be conveniently accessible by pedestrians from the street and shall be at least as convenient and close to building entrances as the nearest non-disabled automobile parking space.
c.
All bicycle parking spaces provided shall be on a hard and stable surface.
d.
All bicycle parking facilities shall be securely anchored to the surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft.
e.
All bicycle parking facilities within vehicle parking areas shall be separated by a curb or other physical barrier to protect bicycles from damage by automobiles and other moving vehicles.
f.
Short-term bicycle parking facilities are subject to and shall meet all the following requirements:
i.
The facilities shall be located at least three feet away from any wall, fence, or other structure.
ii.
When multiple short-term bicycle parking facilities are installed together in sequence, they shall be installed at least three feet apart and located in a configuration that provides space for parked bicycles to be aligned parallel to each other.
iii.
The facilities shall be installed in a clear space at least two feet in width by six feet in length to allow sufficient space between parked bicycles, with minimum overhead clearance of seven feet.
iv.
Permanently anchored bicycle racks shall be installed to allow the frame and one or both wheels of the bicycle to be securely locked to the rack.
B.
Motorcycle Parking. Each parking lot with twenty-five or more automobile parking spaces shall provide motorcycle parking spaces conveniently located near the primary entrance of a structure, accessed by the same aisles that provide access to the motor vehicle parking spaces in the parking lot.
(Ord. 927 § 12, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.36.080 Reduction of parking requirements.
A.
Shared Parking. Where two or more adjacent uses have distinct and differing peak parking usage periods (e.g., a theater and a bank), a reduction in the required number of parking spaces may be allowed by the review authority. Approval shall also require a parking management plan and recorded covenant running with the land, recorded by the owner of the parking facility, guaranteeing that the required parking will be maintained exclusively for the use or activity served for the duration of the use or activity, in compliance with Section 17.36.120 (Designation of off-site parking and loading spaces).
B.
Reduction of Parking. The review authority may reduce the number of parking spaces required by Section 17.36.050 (Number of parking spaces required), based on quantitative information provided by the applicant that documents the need for fewer spaces (e.g., sales receipts, documentation of customer frequency, information on parking standards required for the proposed land use by other cities, etc.).
C.
Reduced Parking for Restricted Senior Housing Projects. The review authority may reduce the number of parking spaces required by Section 17.36.050 (Number of parking spaces required) for senior housing projects, for persons aged fifty-five and over, based on quantitative information provided by the applicant that documents the need for fewer spaces for these types of residential development projects.
D.
Shared On-Site Parking for Mixed Use Projects. The use of shared parking provisions shall be incorporated into mixed use projects in compliance with Section 17.42.100 (Mixed use projects).
E.
Street or Public Parking Lot Parking for Residential Uses. A portion of the required parking for a residential use may be located on a public street or in a public parking lot with use permit approval.
F.
Alternative Parking Arrangements for the CD Zoning District. Alternative parking may be approved by the review authority for projects located in the CD zoning district where the applicant executes an agreement with the city to:
1.
Pay a parking in-lieu fee, if an in-lieu fee program is established by the council;
2.
Waive the right to protest the formation of a parking assessment district, if a parking district is formed by the council; or
3.
Provide some other fair share contribution acceptable to the review authority, where authorized by the council.
The agreement shall be recorded before the issuance of a building permit for the project.
G.
Off-Site Parking and Loading in the CD Zoning District. Where approved by the review authority, parking and loading spaces required for a use proposed within the CD zoning district may be located in a common or shared parking facility away from the site of the proposed use.
1.
Evaluation of Proposal. In considering a request for shared off-site parking, the review authority shall consider how the distance between the parking area and the proposed use may affect whether the off-site facility will satisfy the parking needs of the proposed use.
2.
Guarantee of Continued Availability. Required parking and loading spaces that are approved off-site shall be committed by a recordable covenant, lease, or other agreement, acceptable to the city attorney, in compliance with Section 17.36.120 (Designation of off-site parking and loading spaces) of this chapter.
(Ord. 927 § 13, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.36.090 Parking design and development standards.
Automobile parking areas shall be designed and constructed in compliance with the following standards:
A.
Location of Parking. Off-street parking areas shall be located as follows:
1.
Residential Parking. Parking for a residential use shall be located on the same property as each residential unit served, except for mixed use projects developed in compliance with Section 17.42.100 and projects developed with shared and/or street or public parking lot parking spaces in compliance with Section 17.36.080. Garage parking shall be located in compliance with the garage setback requirements of the applicable zoning district in Article 2 (Community and Project Design) of this title and Section 17.42.160(F)(2). The location of parking shall also comply with the requirements of subsection (A)(3) of this section.
2.
Nonresidential Parking. Parking for a nonresidential use shall be located on the same parcel as the use served, or within three hundred feet of the parcel, where the review authority determines that there is reasonable access to and from the use served. The location of parking shall also comply with the requirements of subsection (A)(3) of this section.
3.
Parking Adjacent to Streets. No parking space or parking aisle shall be located between a building, and a public or private street, except for:
a.
Parking for a building on a corner lot, where the building is located at the front property line with the parking behind, and the parking is separated from the street side property line by a twenty-foot landscape buffer and street wall approved by the review authority (see Figure 3-9); and
b.
The "auto and vehicle sales and rental," "building and landscape materials sales," "construction and heavy equipment sales and rental," and "mobilehome, boat, and RV sales" land use types in the CI and IG zoning districts, and the "building and landscape materials sales" land use type in the CG zoning district.
4.
Parking Within Required Setbacks. No parking space or parking aisle shall occupy a required front or street side setback, with the exception that driveways that access parking spaces or garages for a single-family residence or a two-unit multifamily plex development (duplex) may also be used for parking. No driveway shall be located between a residential structure and the street in the street side setback of a corner lot, with the exception of a driveway accessing parking spaces or a garage to the rear of the residential structure directly from the side street. No residential parking space for a single-family dwelling shall occupy a required internal side or rear setback, except within an enclosed garage that complies with the garage setback requirements of Section 17.42.160(F)(2). See also Section 17.30.020(E)(3). Uncovered parking spaces or aisles for multifamily residential projects may occupy the rear or interior side setback; provided, that a minimum thirty-inch-wide landscape area is maintained between the parking or aisles and the property line, and curbing or wheel stops are provided in compliance with subsection J of this section.
B.
Access to Parking. Access to parking shall be provided as follows for all parking areas other than for individual single-family residences and two-unit multifamily plex developments (duplexes). Site design shall minimize the amount of paved surfaces and driveway lengths while providing for safe and suitable access for vehicular circulation.
1.
Parking areas shall provide suitable maneuvering area so that vehicles exit to a street in a forward direction. Parking lots shall be designed to prevent access at any point other than at designated access drives. Single-family residences and two-unit multifamily plex developments (duplexes) are exempt from this requirement.
2.
A commercial or industrial use with twenty or more parking spaces shall have access driveways that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of twenty feet from the street right-of-way, to provide a stacking area for vehicles entering and exiting the parking area. See Figure 3-9.
 |
Figure 3-9. Queuing Area |
3.
A minimum unobstructed clearance height of fourteen feet shall be maintained above areas accessible to vehicles within nonresidential uses.
C.
Access to Adjacent Sites. The city may require the design of a parking area to provide vehicle and pedestrian connections to parking areas on adjacent properties, to provide for convenience, safety, and efficient circulation. Where provided, a joint access agreement running with the land shall be recorded by the owners of the abutting properties, as approved by the director, to guarantee the continued availability of the shared access between the properties. See Figure 3-10.
 |
Figure 3-10. Access to Adjacent Sites |
D.
Parking Stall and Parking Aisle Dimensions. Each parking stall and parking aisle for all land uses shall comply with the minimum dimension requirements in Tables 3-8 and 3-9, and as illustrated in Figure 3-11. Residential garages shall comply with the "Minimum Parking Stall Dimensions" in Table 3-8.
Table 3-8 Minimum Parking Stall Dimensions | |
|---|---|
Length | Width |
18 feet including bumper overhang. See Section 17.36.090(I). | 9 feet |
Table 3-9 Parking Aisle Width | |
|---|---|
Type of Parking Aisle | Minimum Aisle Width |
Where the number of parking spaces to be served is less than four, or where vehicle movement is one-way. | 12 feet |
Where parking spaces for four or more cars are accessed by a two-way aisle, and: | |
Where the spaces are at an angle of 45 degrees to the aisle. | 15 feet |
Where the spaces are at an angle of greater than 45 degrees, but less than 60 degrees to the aisle. | 18 feet |
Where the spaces are at an angle of greater than 60 degrees, but less than 90 degrees to the aisle. | 20 feet |
Where the spaces are at an angle of 90 degrees or greater to the aisle. | 24 feet |
 |
Figure 3-11. Parking Lot Dimensions |
E.
Landscaping. Landscaping shall be provided in compliance with Section 17.34.050(D) of this title.
F.
Lighting. The lighting of parking spaces, parking aisles, parking lots, and driveways shall comply with Section 17.30.060 (Outdoor lighting).
G.
Screening of Parking. Where the edge of an outdoor parking area with four or more parking spaces is less than ten feet from an RVL, NL, or NM zoning districts, the review authority may require the screening of the parking area as follows:
H.
Parking Stall Striping and Identification. Parking stalls shall be clearly outlined with four-inch-wide lines painted on the parking surface. Car pool stalls shall be clearly identified for car pool use only. The striping and identification shall be continuously maintained in a clear and visible manner. Changes to any parking stall or lot shall require the prior approval of a re-striping plan by the director.
I.
Surfacing.
1.
All-Weather Surfacing Required. All parking spaces and maneuvering areas required by this section, and as shown on the approved plans, shall be graded and well-drained, shall be permanently maintained with dust-free surfacing, and in all zoning districts shall be paved with two inches of asphaltic concrete, or other all-weather surfacing as required by the city engineer (e.g., turf block or other permeable surfacing materials that provide for water infiltration into the ground).
2.
Exceptions to All-Weather Surfacing. An exception to the paving requirement may be granted made in the case of a single parcel in the RR or RVL zoning district with at least seventy-five feet of frontage on a public street, where the director may waive the driveway paving requirements due to the rural character of the area which makes the waiver desirable, with a requirement that a dust-free surface be provided (e.g., gravel, turf block, etc., where appropriate).
J.
Wheel Stops/Curbing.
1.
Continuous concrete curbing at least six inches high and six inches wide shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas, and structures. Individual wheel stops may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area, and the drainage is directed to the landscaped area, subject to the approval of the review authority.
2.
When provided, wheel stops shall be placed to allow for two feet of vehicle overhang area within the dimension of the parking space.
K.
Residential Garage Design. See Section 17.42.160(F)(2) of this title.
(Ord. 927 § 14, 2024; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.36.100 Driveways and site access.
Each driveway providing site access from a street, alley, or other public right-of-way shall be designed, constructed, and permanently maintained as follows:
A.
Number of Driveways.
1.
Single-Family Dwellings.
a.
A parcel with a single-family dwelling shall be allowed only one driveway, except as allowed by following subsection (A)(1)(b) of this section.
b.
A parcel within the RR or RVL zoning districts with a frontage of two hundred feet or more may have two separate driveways, or one circular driveway, provided that the resulting curb cuts are separated by a minimum distance of one hundred feet, or a lesser distance approved by the city engineer based on consideration of site topography and traffic safety.
2.
Multifamily and Nonresidential Projects.
a.
A multifamily or nonresidential project shall have no more than two driveways, unless the review authority determines that more than two driveways are required to accommodate anticipated project traffic, based on a traffic study.
b.
Whenever a property has access to more than one street, access shall be generally limited to the lowest volume street, to minimize the traffic impacts of the project.
B.
Location of Driveways.
1.
No driveway shall provide access to a site across a front property line in the CE, CG, and CD zoning districts unless no access to parking at the rear of the parcel can be obtained from an alley, street side property line, or across adjacent parcels.
2.
Distance From Street Corner. No driveway shall be located less than one hundred fifty feet from the nearest street intersection, as measured from the centerline of the driveway to the centerline of the nearest travel lane of the intersecting street. A lesser distance may be approved by the city engineer for parcels with street frontages of less than one hundred fifty feet.
3.
Driveway Spacing. Driveways shall be separated along the street frontage as follows:
a.
Single-Family and Plex Multifamily Residential Development. Driveways shall be separated by at least six feet, unless a shared single driveway is approved by the review authority, or a greater separation is required by the city engineer. The six-foot separation does not include the transition or wing sections on each side of the driveway; and
b.
Multifamily and Nonresidential Development. Where two or more driveways serve the same or adjacent multifamily or nonresidential development, the centerline of the driveways shall be separated by a minimum of fifty feet. Exceptions to this standard shall be subject to the approval of the city engineer.
C.
Driveway Width.
1.
Single-Family Dwellings. Each parcel with a single-family dwelling (excluding accessory dwelling units) shall have a driveway with a minimum width of ten feet and maximum width of twenty feet.
2.
Two-Unit Multifamily Plex Development (Duplex). Each parcel with a duplex development (excluding accessory dwelling units) shall have a driveway with a minimum width of twelve feet and maximum width of twenty feet, or as determined by the fire marshal.
3.
Three-Unit Multifamily Plex Development (Triplex). Each parcel with a triplex development (excluding accessory dwelling units) shall have a driveway with a minimum width of sixteen feet and maximum width of twenty feet, or as determined by the fire marshal.
4.
Multifamily Development of Four or More Dwelling Units. Each parcel with a multifamily development of four or more dwelling units (excluding accessory dwelling units) shall have a driveway with a minimum width of twenty feet and maximum width of twenty-six feet, or as determined by the fire marshal.
5.
Nonresidential Projects. The minimum width of driveways providing access to nonresidential parking spaces and lots shall comply with the requirements for parking aisle widths in Table 3-9. The maximum driveway width shall be thirty feet, exclusive of the width of a median divider.
D.
Clearance from Obstruction. The nearest edge of a driveway curb cut shall be at least three feet from the nearest property line, the centerline of a fire hydrant, light standard, traffic signal, utility pole, or other similar facility. Driveways shall have a minimum overhead clearance of fourteen feet in height, except within a parking structure, where clearance may be reduced to seven feet, six inches.
E.
Surfacing. All access driveways required by this section, and as shown on the approved plans, shall be graded and properly drained, shall be permanently maintained with dust-free surfacing, and shall be paved with two inches of asphalt, concrete, paving units, or high volume fly ash concrete.
1.
The review authority may authorize the use of other all-weather surfacing, where the review authority determines, in consultation with the city engineer, that the driveway is not needed for pedestrian access, and that the alternative surfacing will not impair accessibility for emergency vehicles. For the purposes of this section, alternative all-weather surfacing includes turf block, Hollywood driveway, and/or other surfacing materials that provide for water infiltration into the ground while providing adequate support for vehicles.
2.
A driveway with a slope of ten percent or greater shall be paved with asphalt or concrete, or other material determined by the city engineer to be equally resistant to erosion.
F.
Woonerf (Multi-Use/Multi-Modal Zone). Any internal driveway within a multifamily development of ten units or more, or the residential portion(s) of a horizontal mixed use project with ten or more residential units, shall be designed as a woonerf in keeping with the standards of this section. Woonerfs or woonerf elements may also be included as a part of other residential projects such as cottage courts, plex housing, and single-family developments and in commercial developments to the extent feasible.
A woonerf is an internal driveway within a development used as a multi-modal, multi-use shared space where priority is given to pedestrians and bicycles. Motor vehicles are considered guests in a woonerf, and as such, are subject to traffic calming and reduced speed limits in order to force drivers to reduce travel speeds and drive with caution so that all users feel welcome and safe.
Features of woonerfs include special paving and signage, a curbless design, traffic calming measures, and integration of trees, landscape elements, seating, lighting, and other amenities. Woonerfs also function as play courts, recreation spaces, and/or social areas for residents. The presence of woonerfs can promote more social interaction and enhance the appearance of a private development for the benefit of the development's residents and visitors.
1.
Location of a Woonerf.
a.
Any internal driveways within a development shall be designed as woonerfs in accordance with this section, with the exception of those accommodating heavy circulation, which shall be defined as those driveways experiencing more than one hundred motor vehicles trips during the afternoon or evening peak hour. To the extent possible, developments shall be designed to distribute motor vehicle traffic so that internal driveways are suitable for woonerfs.
b.
Woonerfs shall be located entirely on privately owned property, outside of the public right-of-way, and on the same parcel as the development they serve.
c.
A woonerf shall be located only on an internal driveway that serves a single development, and cannot be located on a shared driveway serving more than one development or on a driveway that provides a vehicular connection between developments. A single development may include multiple woonerfs, which may be connected to one another.
d.
Woonerfs shall be located near residential unit entries, common areas, and other amenities; an excess area at the fringe of the development is not an appropriate location for a woonerf.
2.
Woonerf Design and Development Standards.
a.
Woonerfs may be designed for one-way or two-way motor vehicular traffic.
b.
Woonerfs shall be designed to minimize the possibility on nonresident cut-through travel from one public street to another.
c.
Each woonerf shall have clear and distinctive entrances and exits with signage indicating the woonerf status, a change in pavement texture or color, and at entrances, a traffic calming feature such as a ramp up and/or chicane. Design measures and signage shall be placed sufficiently in advance of exits to ensure that pedestrians and bicyclists are aware that they are leaving the woonerf.
d.
Woonerf entrance(s) shall be a minimum of twenty feet from any intersection with a public street or non-woonerf driveway (or fifty feet minimum from an arterial street) to provide a clear line of sight, allow motorists time to reduce speed, and allow sufficient motor vehicle stacking space (this distance shall be referred to as the "transition zone"). The transition zone shall be designed to slow traffic and alert drivers to the upcoming woonerf, with cautionary signage and a narrowed driveway, landscaping, and/or other measures.
e.
The minimum length of a woonerf shall be sixty feet, excluding the transition zone(s). Portions of the woonerf should be wider or narrower at various locations to allow for traffic calming, seating, other amenities, and/or safe motor vehicle passing. The minimum nonobstructed width for motor vehicle travel at any point along the woonerf shall be thirteen feet. Periodic passing bays shall be provided as needed to minimize conflict between vehicles traveling in opposite directions, in the case of a two-way woonerf.
f.
Continuous curbs shall be eliminated to emphasize that the space is shared between pedestrians, bicyclists, and motorists. Varying pavement, planters, decorative bollards, and/or similar features shall be used to prevent and/or discourage motorists from using pedestrian-only areas. Seating and play areas shall be protected from the path of motor vehicles by bollards, planters, and/or similar features.
g.
Traffic calming measures shall be located no less than one hundred feet apart within the woonerf so that there is no length that would allow drivers to exceed the speed limit or otherwise operate their vehicles as though they have priority over pedestrians or bicyclists. In addition, forward visibility within the woonerf shall be limited to the extent possible by chicanes, landscaped planters, or other suitable traffic calming measures in order to force drivers to reduce speed.
h.
The following traffic calming measures are not appropriate for a woonerf: speed bumps, speed humps, speed tables, dips, medians, traffic lights, pedestrian crossings, bicycle lanes, and stop signs (except at woonerf exits/intersections).
i.
The speed limit in a woonerf shall be posted at eight miles per hour. This speed limit will apply to all wheeled vehicles or devices as well as motor vehicles.
j.
Emergency vehicle access shall be required as determined by the fire marshal. Traffic calming measures and other elements must not interfere with emergency vehicle access; it is vital to ensure that emergency vehicles can enter and exit, as well as maneuver through the woonerf. Clear space around fire hydrants must be provided to facilitate emergency access.
k.
A woonerf shall incorporate outdoor seating; landscaping including trees, planters, and shrubs; bicycle parking; and pedestrian scale lighting to make the woonerf more attractive and to calm traffic. Seating areas shall be provided at a minimum of every one hundred feet to encourage people to use the woonerf for various activities. Play areas and equipment, drinking fountains, trash and recycling receptacles, and other amenities may also be provided. The design of the woonerf should strive to create a series of "outdoor living rooms" for the use of residents.
l.
The woonerf surface shall be constructed of varying decorative smooth/flat paving (which may be permeable) and/or stamped, scored, and colored asphalt or concrete. Special paving shall be applied to the full width and length of the woonerf but different areas may utilize different treatments.
m.
Bicycle parking shall be provided within the woonerf, in accordance with the standards set forth in the Cotati Land Use Code and Bicycle and Pedestrian Master Plan. Bicycle parking should be located for maximum convenience and security – close to dwelling units, near the center of the woonerf, and away from public streets to the extent possible.
n.
Space provided as a woonerf according to this section shall not be used to meet the open space or other common area space requirements for the development, unless authorized by the planning commission and/or city council.
3.
Automobile Parking in a Woonerf.
a.
Parking within a woonerf is allowed, with parallel parking preferred; provided, that the design and placement of the parking reinforces the concept that the automobile is not the predominant element. Parking spaces must be spaced intermittently; no more than two adjacent parallel spaces and no more than three adjacent nonparallel spaces shall be allowed and a minimum of twenty feet between the parking areas shall be provided to allow for seating, landscaping, and other amenities. Nonparallel spaces shall not be in the form of tandem parking in front of garages. Parking spaces in the woonerf may not be located directly across from one another, unless at least one side is located within fully enclosed garages.
b.
Parking spaces shall be clearly marked and delineated from other areas of the woonerf by physical elements such as bollards, landscaping, and/or different paving materials. In addition, the parking design shall incorporate mechanisms to calm traffic and protect pedestrians and bicyclists, such as chicanes, bollards, or curb extensions.
c.
Parking spaces in the woonerf shall not be located within thirty-five feet of the woonerf's entrance, exit, or intersection with other woonerfs.
d.
Parking stall and aisle dimensions in a woonerf shall be as follows:
i.
Parallel parking space: seven feet wide by twenty-four feet long;
ii.
Nonparallel parking space: nine feet wide by eighteen feet long, if adjacent to another parking space; otherwise, seven feet wide by eighteen feet.
 |
Figure 3-13. Woonerf Entry Sign Example |
 |
Figure 3-12. Woonerf Element Examples (Not to Scale) (Design Shall Comply With Emergency Vehicle Access Regulations) |
4.
Modifications to Standards. Applicants may request modifications to the woonerf provisions. The planning commission and/or city council may grant exceptions from the above referenced provisions of the woonerf regulations if any of the following apply:
a.
The site is constrained due to unusual shape, topography, easements, or sensitive environmental areas, and the alternative design would serve to protect sensitive natural resources.
b.
The planning commission and/or city council find the alternative design concept provides a high level of design quality and generally meets the intent of the above regulations. Acceptable alternative designs would create usable, safe, pleasant outdoor spaces for residents and reduce the impacts of motor vehicles through concepts such as peripheral parking, clustered parking, and/or significant centralized open space amenities that serve all of the residential units.
(Ord. 927 § 15, 2024; Ord. 914 § 5, 2022; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.36.110 Loading space requirements.
A.
Number of Loading Spaces Required. Nonresidential uses shall provide off-street loading spaces in compliance with Table 3-10. Requirements for uses not listed shall be determined by the director based upon the requirements for comparable uses.
Table 3-10 Required Loading Spaces | |
|---|---|
Type of Land Use | Loading Spaces Required |
Commercial services, eating and drinking establishments, personal service establishments, retail store, repair shop, and wholesale establishments | |
5,000 – 30,000 sq. ft. | 1 space |
31,000 – 60,000 sq. ft. | 2 spaces |
60,001 – 90,000 sq. ft. | 3 spaces |
90,001 – 120,000 sq. ft. | 4 spaces |
120,001 sq. ft. and above | As required by the review authority |
Hotel or motel | |
5,000 – 50,000 sq. ft. | 1 space |
50,001 – 100,000 sq. ft. and above | 2 spaces |
Manufacturing, storage facility, warehouse, or other industrial use | |
5,000 – 30,000 sq. ft. | 1 space |
31,000 – 60,000 sq. ft. | 2 spaces |
60,001 – 90,000 sq. ft. | 3 spaces |
90,001 – 120,000 sq. ft. | 4 spaces |
120,001 sq. ft. and above | As required by the review authority |
Office, philanthropic, public, religious, and club uses | |
5,000 – 50,000 sq. ft. | 1 space |
50,001 – 100,000 sq. ft. and above | 2 spaces |
Public building, installation service structure, or utility; art gallery, auditorium, bus depot, college, library, museum, school, theater, transit station, or other place of public assembly or use which requires recurring delivery of goods by truck | 1 space, plus as required by the review authority |
B.
Standards for Loading Areas. Off-street loading areas shall comply with the building code specifications and requirements for off-street loading facilities, and shall comply with the following requirements. The review authority may reduce these standards and the requirements of subsection A, Table 3-10 of this section, where the review authority first determines that the delivery, operating, and shipping characteristics of the use do not require the number or type of loading spaces required by this section.
1.
Location. Loading spaces shall be on the same site for which the loading spaces are required, or an abutting parcel, and shall be located:
a.
Outside of all required setbacks and not facing a public street;
b.
As near as possible to the primary structure and within the rear two-thirds of the parcel;
c.
To ensure that loading, unloading, and vehicle maneuvers take place on-site; and
d.
To avoid adverse impacts upon neighboring residential properties.
2.
Dimensions. Loading spaces shall be a minimum of twelve feet in width, forty feet in length, with fourteen feet of vertical clearance.
3.
Lighting. Loading areas shall have lighting adequate for security and safety. Lighting shall be installed and maintained in compliance with Section 17.30.060 (Outdoor lighting) of this title.
4.
Screening and Landscaping.
a.
Loading areas shall be screened from abutting properties and streets with dense landscaping or solid decorative masonry walls with a height subject to the approval of the review authority.
b.
Where a loading area abuts a street or another site, a landscaped strip of at least eight feet in width shall be planted, and permanently maintained with plant materials subject to the approval of the review authority; except that within fifty feet of a street intersection, the height of plant materials other than trees shall not exceed thirty-six inches.
c.
The review authority may require additional screening and/or landscaping.
5.
Surfacing. All loading spaces, access driveways, and maneuvering areas required by this chapter, and as shown on the approved plans, shall be graded and properly drained, shall be permanently maintained with dust-free surfacing, and shall be paved with two inches of asphaltic concrete, or other all-weather surfacing approved by the city engineer.
6.
Striping. Loading spaces shall be striped, and identified for "loading only." The striping and "loading only" notations shall be continuously maintained to be visible and clear.
7.
Loading Ramps. Plans for loading ramps and truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, and overhead clearances, and shall require city engineer approval.
8.
Vehicle Repair Prohibited. Off-street loading facilities and areas required by this section shall be maintained for the duration of the use requiring the area, and no repair work or servicing of vehicles shall be allowed in the loading areas.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.36.120 Designation of off-site parking and loading spaces.
If off-site parking or loading facilities are approved by the city in compliance with Section 17.36.080(G) of this chapter, a recordable covenant, easement, or other agreement (hereafter referred to as "agreement"), acceptable to the city attorney, shall be recorded in the county recorder's office to ensure the continued availability of the parking or loading facilities.
A.
Parties to Agreement. The parties to the agreement shall include the owner of the off-site parking spaces and the owner of the site requiring the parking.
B.
Contents. The agreement shall include:
1.
Covenants reflecting the city's conditions of approval for the use requiring the parking or loading, and the off-site parking or loading plan approved by the city;
C.
Certificate of Occupancy. No certificate of occupancy shall be issued until an attested copy of the recorded agreement has been filed with the director.
D.
Loss of Off-Site Spaces.
1.
Notification of City. The owner or operator of a business that uses approved off-site spaces to satisfy the parking requirements of this chapter shall immediately notify the director of any change of ownership or use of the property where the spaces are located, or of the property for which the spaces are required, and of any termination or default of the agreement between the parties.
2.
Effect of Termination of Agreement. Upon notification that the agreement for the required off-site parking has terminated, the director shall establish a reasonable time in which one of the following shall occur:
E.
Commission's Action to Remove Restriction. Upon submission of satisfactory evidence that other off-street parking or loading facilities have been provided in compliance with the requirements of this chapter, or that the use has ceased, or the structure has been removed or altered so as to no longer require the off-site parking or loading facilities, the commission shall remove the restriction.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.36.130 Commercial vehicles on private property.
A.
Parking Limit in Residential Zoning Districts. No "heavy duty" commercial vehicle shall be parked for more than three hours on private property in a residential zoning district except:
1.
While loading or unloading goods or materials and the time required to complete the work exceeds the three-hour period; or
2.
When the vehicle is parked in connection with and in aid of providing a service to or on a property in the block in which the vehicle is parked and time in addition to the three-hour period is necessary to complete the service.
B.
Parking Limits in Nonresidential Zoning Districts. A "heavy duty" commercial vehicle may only be parked on private property within a nonresidential zoning district when the vehicle is:
1.
Parked in an approved off-street parking space or an approved outdoor storage or activity area; and
2.
Used in connection with and is owned or leased by an approved business located in a nonresidential zoning district; or
3.
The vehicle is loading or unloading goods in connection with a business and is parked for not more than forty-eight hours.
C.
Heavy Duty Defined. For the purposes of this section, a "heavy duty" commercial vehicle means a single vehicle or combination of vehicles having more than two axles, a single vehicle or combination of vehicles twenty feet or more in length, or a single vehicle or combination of vehicles having a manufacturer's gross vehicle weight rating of six thousand pounds (three tons) or more.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 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.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 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."
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.38.030 Sign permit and master sign plan requirements.
A.
Sign Permit and/or Master Sign Plan Required. No sign shall be constructed, installed, or modified, unless a sign permit and, where applicable, master sign plan approval 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 and/or Plan 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, a master sign plan, 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.
Master Sign Plan Requirements.
1.
When Required. A master sign plan shall be required for:
a.
A new nonresidential project with four or more tenants; and
b.
Major rehabilitation work on an existing nonresidential project with four or more tenants, that involves exterior remodeling, and/or the modification to fifty percent or more of the existing signs on the site within a twelve-month period. For the purposes of this chapter, major rehabilitation means adding more than fifty percent to the gross floor area of the structures, or exterior redesign of more than fifty percent of the length of any facade within the project.
Each sign installed or replaced within the nonresidential project shall comply with the approved master sign plan.
2.
Content of Plan.
a.
A master sign plan shall include all the information and materials required by subsection (C)(2) of this section, and shall provide standards for the uniform style, construction, height, size, and placement of signs within the proposed project.
b.
A master sign plan shall be included with any planning permit required by the city for the development of the parcel on which the sign is proposed to be located, and shall be processed simultaneously with the other plan.
E.
Findings for Approval. The approval of a sign permit or master sign plan 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.
F.
Expiration and Extension of Sign Permit Approval.
1.
Approval of a sign permit or master sign plan 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 or master sign plan 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.
2.
The expiration date of the sign permit or sign plan shall be automatically extended to concur with the expiration date of the companion building permit or other applicable permits.
(Ord. 885 § 2 Exh; A (part), 2019; Ord. 766 § 2 Exh; A (part), 2004)
§ 17.38.035 Exemptions from sign permit requirements.
The following signs are allowed without sign permit or master sign plan 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 installed in compliance with a sign plan; provided, the modifications are consistent with the approved master sign plan; and
3.
The normal maintenance of conforming signs, except as identified in Section 17.38.080(B).
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 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;
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.
(Ord. 885 § 2 Exh; A (part), 2019; Ord. 862 § 2 (part), 2016; Ord. 766 § 2 Exh; A (part), 2004)
§ 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.
Pole signs and other freestanding signs over six feet in height;
G.
Roof signs;
H.
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;
I.
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;
J.
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;
K.
A sign burned, cut, or otherwise marked on or affixed to a rock, tree, or other natural feature;
L.
A sign placed within a public right-of-way, except as provided by Section 17.38.050(E);
M.
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 city council resolution, or as allowed in Section 17.38.070(G).
(Ord. 885 § 2 Exh; A (part), 2019; Ord. 862 § 2 (part), 2016; Ord. 766 § 2 Exh; A (part), 2004)
§ 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 three-dimensional objects (e.g., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. See Figure 3-13.
 |
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 |
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 six 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:
1.
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.
2.
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.
3.
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 right-of-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:
1.
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.
2.
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.
d.
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.
e.
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.
H.
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.
I.
Sign Lighting. Sign lighting shall be designed to minimize light and glare on surrounding rights-of-way and properties.
1.
A sign shall be illuminated by lights shining on the sign rather than by lights within the sign; except that a freeway-oriented sign in compliance with Section 17.38.070(D) of this chapter may have internal lighting.
2.
External light sources shall be directed and shielded so that they do not produce glare off the site, on any object other than the sign.
3.
Sign illumination shall not blink, flash, flutter, or change light intensity, brightness, or color.
4.
Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.
5.
Neither the direct nor reflected light from primary light sources shall create hazards for pedestrians or operators of motor vehicles.
6.
No lamp that exceeds fifteen watts shall be placed so that the face of the lamp is visible from a public right-of-way or adjacent property.
7.
Light sources shall utilize hard-wired fluorescent or compact fluorescent lamps, or other lighting technology that is of equal or greater energy efficiency. Incandescent lamps shall be prohibited.
J.
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.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 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 OSC, OSR, 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 CG, CE, SPD, CD, CI, and IG zoning districts shall comply with the requirements in Table 3-12.
 |
Figure 3-15. Examples of Sign Types |
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 | Below roof(1) | Single tenant site or structure: 3 of any combination of allowed sign types per primary structure frontage. | Maximum sign area per parcel. The total sign area of all signs on a parcel shall not exceed the following: | |
1 of any allowed sign type per secondary frontage. | 1. | 1 sq. ft. for each linear ft. of primary building frontage; | ||
Freestanding | 6 ft. | Site or structure with 4 or more tenants: 1 of any allowed sign type per business 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 | |||
Projecting, Wall | Below roof(1) | 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. | ||
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 | 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: | |
|---|---|
(1) | At least one foot below the top of a parapet, the sill of a second floor window, and/or the lowest point of any cornice or roof overhang. |
(Ord. 823 § 2(C) Exh; C (part), 2009; Ord. 766 § 2 Exh; A (part), 2004)
§ 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 A-board 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:
4.
Design and Construction Standards. The review authority shall approve an A-board sign only if it first determines that the design and appearance of the sign, including any graphics and/or text, will reflect attractive, professional design, and that the sign will 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 |
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 rights-of-way, 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. Street address numbers not exceeding six inches in height 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 approval is required for a freeway-oriented sign.
2.
Where Allowed. The director may allow a building-mounted freeway-oriented sign:
a.
Within a CG or SPD zoning district; and
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 facade visible from the freeway, with sign height not exceeding the top of the wall to which the sign is attached.
3.
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 subject to design review, and as follows:
1.
A mural without text visible from a public right-of-way may be approved 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 approval of a mural shall require that the review authority first find that the size, colors, and placement of the mural are visually compatible with the structure architecture, and that the mural will 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 CG, CD, CE, CI, and IG zoning districts 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 is also allowed the one-time use of a banner for the first thirty days after the commencement of the business.
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.
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 CE, CG, CD, SPD, IG and CI zoning districts, 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 an area of four square feet or a height of six 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.
Maximum Sign Area. In addition to the limitations on sign area in Table 3-12, Section 17.38.060, the area of the largest wall sign shall not exceed seven percent of the area of the building facade on which the sign is mounted or painted, including the area of windows, doors, and recesses.
3.
Projection from Wall Surface. A wall sign shall not project more than twelve inches from the surface to which it is attached.
I.
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.
(Ord. 885 § 2 Exh; A (part), 2019; Ord. 862 § 2 (part), 2016; Ord. 823 § 2(C) Exh; C (part), 2009; Ord. 766 § 2 Exh; A (part), 2004)
§ 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 a business is discontinued for thirty days; or
5.
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 up to a maximum of twenty-five percent of the existing total area of the sign. Face changes not including copy, and any nonstructural modifications exceeding twenty-five percent of the existing total area of the sign, and any structural changes shall comply with all applicable standards of this chapter.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 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:
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.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 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.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 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.
(Ord. 766 § 2 Exh; A (part), 2004)
§ 17.39.010 Purpose of chapter.
This chapter establishes objective residential design standards that are clear, specific, and intended to ensure high quality, creative building designs that enhance Cotati's character and livability. These objective standards work to maintain the rural, small-town feel of the community, in harmony with a downtown area, major street corridors, and rail transit-oriented community area that are suitable for intensified development. Consistent with existing state law, objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark. These objective standards can be applied in either ministerial or discretionary design review processes for residential development.
(Ord. 927 § 16, 2024; Ord. 905 § 5, 2021)
§ 17.39.020 Applicability.
The provisions of this chapter apply to all residential projects and residential portions of mixed use projects.
(Ord. 927 § 16, 2024; Ord. 905 § 5, 2021)
§ 17.39.030 Multifamily objective residential design standards.
These standards apply to all multifamily housing developments of ten or more dwelling units, with the exception of cottage housing projects consistent with Section 17.42.125. Residential developments that are subject to this chapter must be consistent with each of the standards below:
A.
Neighborhood Compatibility. The purpose of the neighborhood compatibility design standards is to minimize impacts to established neighborhoods and their distinctive characteristics by requiring new multifamily development projects to include features most relevant to the Cotati community. Design characteristics that differentiate one neighborhood from another add variety to a city. Such differentiation can be handled through the public realm (city-initiated enhancements) and further emphasized from building to building or development to development. Distinct neighborhoods create a sense of ownership and a visual diversity that makes cities and towns interesting and more livable.
1.
Multifamily projects fronting on an existing or proposed public street shall orient the buildings to the street with individual entries, porches and/or stoops, windows, and landscaping facing the street. Street-facing parking lots, parking spaces, carports, and garages are not allowed.
2.
The project shall be designed so that at least seventy-five percent of the length of the facade of each building adjacent to a public street is occupied by habitable space with windows.
3.
A third story (or higher) portion of any multifamily building shall be set back a minimum of thirty feet from any property line adjacent to properties in the NL or NM zoning districts that are developed with single-family residences.
B.
Building Design. The intent of these building design standards is to enhance the quality and character of neighborhoods with new multifamily developments that include design features of traditional residential architectural styles.
1.
Buildings shall include design features of traditional residential architectural styles, consisting of:
a.
Visible roof styles shall incorporate low to moderately pitched roofs (gabled or hipped) with slopes ranging between 4:12 and 9:12. Other roof types such as flat, parapet, butterfly, and shed shall not be visible elements of the architecture, except a dormer, porch, or architectural projection may include a shed roof. A shed roof with a projecting dormer(s) is permissible.
b.
Rooflines shall extend past the wall of the building with a minimum eave width of eighteen inches and shall include exposed roof beams and/or rafters.
c.
The upper portion (quarter to half) of a window shall include divided lights or simulated divided lights. Tinted and reflective glass is prohibited.
d.
Windows shall be limited to double hung, single hung, casement, or fixed, and shall include a wood surround with a minimum width of four inches (nominal).
e.
Exterior entry doors shall include recessed panels and/or glazing and shall include a wood surround with a minimum width of four inches (nominal). Exterior wall materials shall include at least two of the following materials: solid wood or concrete-based wood siding, plywood with vertical solid wood battens of at least two-inch width (nominal), solid wood or concrete-based shingle siding, stucco, brick, and stone. Materials such as T1-11 siding, particle board, vinyl, foam, and EIFS are prohibited.
f.
Building materials and details shall be consistent on all elevations.
g.
All ground-level residential units fronting onto a public street, plaza, park, or courtyard shall have their primary access from a porch or stoop, the floor of which is a maximum of thirty inches above grade. The porch/stoop shall be a minimum of four feet clear depth and six feet clear width. The porch/stoop shall be open on the front and at least one side, with the exception of a partial enclosure of a maximum height of thirty-six inches (or the minimum height required by the building code) above the floor, that is either (i) a half wall or pony wall enclosed with the same materials as the building's exterior, natural stone, or brick, or (ii) a wooden balustrade featuring balusters, pickets, or spindles, open horizontal slats, or other decorative woodwork of an open design. Stoops may feature a finished metal railing and balustrade. Porches/stoops shall be covered with a roof that is supported by square/rectangular columns which may be straight and/or tapered. Cantilevered roofs are not permitted.
h.
The project shall be designed and constructed so that a minimum of ten percent of the units are one story and meet federal and state accessibility standards.
2.
Affordable units and market rate units in the same development shall be constructed of the same exterior materials and details such that the units are not distinguishable. Affordable unit types by bedroom count shall be provided in the same proportion as the overall unit mix of the project and shall be distributed evenly throughout the project.
3.
Blank walls shall not exceed twenty linear feet without being interrupted by a window or entry. Walls without entries or windows shall include shrubs and trees or art.
4.
Buildings over three stories must provide a ground-floor elevation that is distinctive from the upper stories by providing a material change or horizontal articulation with a minimum dimension of ten feet between the first floor and upper floors along at least seventy-five percent of the building facade with frontage upon a street, adjacent public park, or public open space.
5.
Covered front porches of existing homes to remain shall not be enclosed.
6.
Window Orientation. Where one or more windows are proposed ten feet or less from a side lot line, or ten feet from another residential structure on the same site, the windows shall be oriented and/or screened by an architectural feature to provide privacy for the residents of both structures.
7.
Entry points into multifamily housing buildings shall be distinguished from the facade using articulation, projections, or other distinguishing characteristics which highlight the point of entry.
8.
All roof-mounted and/or ground-mounted equipment with the exception of solar collector panels shall be screened from view using architectural and/or landscape features.
C.
Massing/Articulation. The intent of massing/articulation standards is to require building designs that minimize the perceived scale of large buildings to enhance the pedestrian experience and incorporate variety in massing and details to add visual interest.
1.
A minimum of two features such as balconies, cantilevers, dormers, bay windows, porches, stoops, and individualized entries shall be incorporated into each project building facade.
2.
The building facade facing a street, public park, or publicly accessible outdoor space shall incorporate a horizontal offset for every fifty feet of continuous building wall length with a minimum depth of eighteen inches.
3.
Rooflines shall be vertically articulated at least every fifty feet along the street frontage, by varying rooflines, height and/or building form.
D.
Usable Open Space/Landscape. The intent of the open space/landscape standards is to require new multifamily development to support a high quality of life with appropriate usable open space, indoor and outdoor community amenities, and new planting of trees, shrubs, and ground cover that add variety and interest. "Usable open space" means on-site area or areas, accessible to the residents of the development it serves and designed for safe and convenient active use for recreational, leisure, and social activities. Other open spaces such as areas within a street side setback (other than a permitted private porch and/or patio), creek setback, stormwater management facility, wetland/habitat preservation areas, and sloped areas over five percent are not considered "usable open space."
1.
Usable Open Space and Amenities. Each multifamily residential project shall provide permanently maintained usable open space and/or amenities. The total amount of usable open space and/or amenities included for the project shall at a minimum provide a total of one hundred fifty square feet of usable common and/or private open space per unit. Projects directly adjacent to a public park or directly across a local street from a public park need to only provide a total of forty-eight square feet of common and/or private usable open space per unit on the project site. Usable open space and/or amenities shall be provided as follows:
a.
Ground-level units shall include a private porch and/or private patio/garden. Each private porch or private patio/yard shall include a minimum clear dimension of six feet by eight feet.
b.
Projects not directly adjacent to a public park or directly across a local or collector street from a public park shall include usable common open space which may be a courtyard or rooftop terrace.
c.
Projects shall include a minimum of three of the following additional usable open space amenities:
i.
Private balconies above the ground floor for each unit.
ii.
Playground.
iii.
Swimming pool.
iv.
Community center. (Interior portions of the building devoted to recreational and social uses count as usable open space up to a maximum of fifteen percent of the total usable open space requirement for the development. Other uses such as offices, utility rooms, or hallways are not counted as usable open space.)
v.
Community garden.
vi.
Play/sport court(s) – teen/adult (i.e., bocce ball, basketball).
vii.
Courtyard.
viii.
Rooftop terrace.
2.
Outdoor seating shall be provided at common usable open space areas.
3.
Any playground area must be visible to multiple units to provide casual surveillance and be separated from traffic. Benches or picnic tables for adults that accompany younger children shall be provided.
4.
Configuration of Usable Open Space. Required usable open space areas shall be designed and located as follows:
a.
Courtyards shall be enclosed fully or partially on a minimum of two sides by buildings that include residential units and/or community buildings with entries and windows facing the courtyard; and shall have a minimum dimension of twenty feet. Courtyards shall at a minimum include hardscape, landscaping, and seating with a table or tables.
5.
Open space landscaping shall comply with the requirements of Chapter 17.34 (Water Efficient Landscaping Standards).
6.
Maintenance and Control of Common Open Space. Required common open space shall be controlled and permanently maintained by a homeowners' association (HOA) or similar entity within a common ownership interest development. Provisions for control and maintenance shall be included in property covenants of all common interest developments.
E.
Outdoor Lighting. The intent of outdoor lighting standards is to require high quality lighting fixtures to provide safety and security for persons and property, and to minimize light pollution, sky glow and glare. Outdoor lighting shall be installed and maintained along all vehicular access ways and pedestrian walkways, in compliance with Section 17.30.060 (Outdoor lighting). The lighting shall be shielded and directed downward onto the driveways and walkways within the development and away from adjacent properties to eliminate glare and minimize light trespass. Lighting of at least one foot-candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened with full cutoff luminaires to minimize sky glow and glare onto public sidewalks and adjacent residences. Lighting fixtures/lamps shall be energy efficient and be a warm light with a broad color spectrum to minimize sky glow. An all-night light shall not exceed three thousand K (Kelvin Color Temperature Scale) and lights with an on/off timer shall not exceed four thousand K.
Proposed lighting shall be shown on the required landscape plan and supported by a photometric analysis.
F.
Site Design. The intent of site design standards is to ensure the integration of new multifamily development into the surrounding neighborhood and to enhance the appearance, safety, convenience, and social interaction of the project through the provision of circulation connectivity. Further, these standards are intended to identify the appropriate location and appearance of parking and other features serving these developments.
1.
Project shall provide or extend streets as shown in the adopted Cotati general plan or the adopted specific plan.
2.
When dwelling units are abutting common open space areas, a minimum of one window from each dwelling abutting the common open space area shall overlook the common open space.
3.
Accessory Structure Design. Accessory structures and uses (e.g., bicycle storage, garages, carports, laundry rooms, recreation facilities, etc.) shall be designed and constructed with an architectural style, exterior colors, and materials that match the structures in the project containing dwelling units.
4.
Screen all parking areas, covered and uncovered, from public street frontages. Screening may be accomplished through building placement, landscaping, a planted earth berm, planted fencing, topography, or some combination of the above. Landscaping used for screening purposes shall be no less than fifteen feet wide (from the back of sidewalk or street curb to the parking lot paving, whichever is greater) and no less than three feet tall.
5.
Structures listed on Table 9.1-1 (Buildings Potentially Eligible for the California Register) of the Cotati general plan background report shall be preserved/restored in their existing location and incorporated into the proposed development.
6.
A pedestrian walkway system shall be provided to connect each unit to facilities within the project, to public streets, and to public pedestrian/bicycle paths abutting the project where legally permissible.
7.
Street trees within a planter strip or tree well shall be provided except in cases where the public works standards call for a contiguous sidewalk or no sidewalk.
8.
Front Setback Pavement. No more than forty percent of the front setback area shall be paved for walkways, driveways, and/or other hardcover pavement.
9.
Parking Location. Off-street parking shall be located so that garage doors, carports, and open parking spaces are not visible from the street fronting the parcel.
G.
Accessory Elements. The intent of accessory elements standards is to ensure that certain accessory uses are provided and appropriately screened.
1.
Perimeter fencing utilized along public streets shall be constructed of decorative iron, pre-painted welded steel, stone, or wood pickets or a combination of such materials. Chain-link fencing is prohibited.
2.
The height of solid fencing between private yards and common open spaces shall be limited to forty-two inches in height.
3.
Screen rooftop equipment (solar panels are exempt) from visibility. The point of view for determining visibility shall be five feet above grade at a distance of two hundred feet.
4.
Screen all exterior trash, recycling, storage utility boxes, wood service poles, electric and gas meters, fire sprinkler valves and backflow preventers and transformers, or other ground-mounted infrastructure.
5.
Refuse Containers.
a.
Provide dumpsters for refuse collection within a roofed enclosure with walls a minimum of six feet tall. Allow adequate size to accommodate the needed landfill, compost, and recycling containers. All enclosures and gates should be designed to withstand heavy use. Provide wheel stops or curbs to prevent dumpsters from banging into walls of enclosure.
b.
Coordinate with the refuse pickup provider to determine the size and number of dumpsters required, and ensure that dumpsters shall accommodate all waste streams (landfill, recycling and compost, etc.).
c.
Provide an opening so that pedestrians can access the dumpsters without opening the large gates.
d.
Provide lighting at refuse enclosures for nighttime security and use.
e.
Locate dumpster enclosures so that no dwelling is closer than twenty feet (including those on abutting properties), or more than one hundred feet from a residential unit. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.
6.
Storage. A minimum of one hundred cubic feet of lockable storage area shall be provided for each dwelling outside of the unit, with no dimension less than thirty inches. This section does not apply to vertical mixed use.
7.
Laundry Facilities. Each unit shall be provided a plumbed individual laundry area within the unit or its garage, of a size large enough to accommodate a clothes washer and dryer. If located in the garage for an individual unit, the laundry area shall not encroach into the required parking area. Alternatively, project applicant may provide common laundry facilities.
H.
Mixed Use Developments. Projects consisting of both commercial and residential uses shall also be consistent with each of the following standards below:
1.
Site planning and building design shall provide for pedestrian access from the public street into the nonresidential and residential portions of the project, through courtyards, plazas, and walkways.
2.
Horizontal mixed use projects shall include a pedestrian network connecting the residential components of the project with the nonresidential components through the provision of courtyards, plazas, and walkways.
3.
All building design and site design requirements and criteria identified herein shall be incorporated into mixed use projects.
I.
Solar on Site. Projects shall include on-site solar photovoltaic panels/equipment to help achieve energy efficiency standards contained within California Code of Regulations Title 24.
J.
Additional Objective Standards Within Land Use Code and Specific Plans. Projects subject to this chapter must comply with all other applicable objective standards within this land use code and adopted policies of specific plans.
(Ord. 927 § 16, 2024)
§ 17.39.040 Multifamily plex objective residential design standards.
These standards apply to all multifamily plex housing developments that contain two to nine dwelling units, with the exception of cottage housing projects consistent with Section 17.42.125, to which only the standards of subsections (B)(1) through (B)(5) of this section shall apply. The standards of subsections (B)(1) through (B)(5) of this section may also be applied to structures containing up to four dwelling units that are part of a development of ten or more units that is comprised of single-family and/or multifamily structures.
A.
Neighborhood Compatibility. The purpose of the neighborhood compatibility design standards is to enhance established neighborhoods and their distinctive characteristics by requiring new multifamily plex development projects of two to nine dwelling units to include features most relevant to the Cotati community.
1.
Dwelling units in multifamily plex developments may be contained in a single building or multiple buildings, with the number of units across all buildings in the development totaling no more than nine.
2.
The dwelling units within the development that are adjacent to a public street(s) shall be oriented with individual entries, porches, stoops, windows, and landscaping facing the street. Walkways shall lead from the street to the individual entries of the street-facing units.
3.
The project shall be designed so that at least fifty percent of the length of the facade of each building adjacent to a public street is occupied by living space with windows.
4.
Street-facing parking lots, parking spaces, carports, and garages are not allowed. All parking shall be located behind the street-facing building(s) or at the rear of the lot, with the exception of two-unit (duplex) developments.
5.
The maximum height for multifamily plex housing is three stories. A third story must be set back a minimum of thirty feet from any property line adjacent to properties located in lower-density zoning districts that are developed with single-family residences.
6.
Any building facade facing a street, public park, or publicly accessible outdoor space shall incorporate a horizontal offset for every fifty feet of continuous building wall length with a minimum depth of thirty-six inches.
B.
Building Design. The intent of these building design standards is to enhance the quality and character of neighborhoods with new multifamily plex developments that include design features of traditional architectural residential styles that reflect the character of the Cotati community.
1.
Buildings shall include design features of traditional homes consisting of:
a.
Visible roof styles shall incorporate low to moderately pitched roofs (gabled or hipped) with slopes ranging between 4:12 and 9:12. Other roof types such as flat, parapet, butterfly, and shed shall not be visible elements of the architecture, except a dormer, porch, or architectural projection may include a shed roof. A shed roof with a projecting dormer(s) is permissible.
b.
Rooflines shall extend past the wall of the building with a minimum eave width of eighteen inches and shall include exposed roof beams and/or rafters.
c.
The upper portion (quarter to half) of a window shall include divided lights or simulated divided lights. Tinted and reflective glass is prohibited.
d.
Windows shall be limited to double hung, single hung, casement, or fixed, and shall include a wood surround with a minimum width of four inches (nominal).
e.
Exterior entry doors shall include recessed panels and/or glazing and shall include a wood surround with a minimum width of four inches (nominal).
f.
Exterior wall materials shall include at least two of the following materials: solid wood or concrete based wood siding, plywood with vertical solid wood battens of at least two-inch width (nominal), solid wood or concrete based shingle siding, stucco, brick, and stone. Materials such as T1-11 siding, particle board, vinyl, foam, and EIFS are prohibited.
g.
Building materials and details shall be consistent on all elevations that are visible from a public street.
h.
All ground-level residential units fronting onto a public street, plaza, park, or courtyard shall have their primary access from a porch, or in the NU zoning district, a porch or stoop. Porches that serve one or two units shall be a minimum of six feet clear depth and eight feet clear width. Porches that serve three or more units shall be a minimum of six feet clear depth and twelve feet clear width. Stoops shall be a minimum of four feet clear depth and six feet clear width. Porches/stoops shall be open on the front and at least one side, with the exception that porches shall have a partial enclosure of a maximum height of thirty-six inches (or the minimum height required by the building code) above the floor. This enclosure shall be either (i) a half wall/pony wall enclosed with the same materials as the building's exterior, natural stone, or brick, or (ii) a wooden balustrade featuring balusters, pickets, or spindles, open horizontal slats, or other decorative woodwork of an open design. Stoops may feature a finished metal railing and balustrade. Porches and stoops shall be covered with a roof that is supported by square/rectangular columns which may be straight and/or tapered. Cantilevered roofs are not permitted.
2.
Blank walls shall not exceed twenty linear feet without being interrupted by an architectural element, material change, window, or entry.
3.
Where one or more windows are proposed ten feet or less from a side lot line, or ten feet from another residential structure on the same site, the windows shall be oriented and/or screened by an architectural feature or landscaping to provide privacy for the residents of both structures.
4.
Exposed stairs to the upper levels of structures are not permitted on the street-facing facades.
5.
All roof-mounted and/or ground-mounted equipment with the exception of solar collector panels shall be screened from view using architectural and/or landscape features.
6.
The maximum unit size in gross floor area, exclusive of garages or private open space, for multifamily plex housing development shall be as follows, for at least eighty percent of the development's units or fraction thereof:
C.
Site Design. The intent of site design standards is to ensure the integration of new multifamily plex development into the surrounding neighborhood and enhance the appearance, safety, convenience, and social interaction of the project. Further, these standards are intended to identify the appropriate location and appearance of parking and other features serving these developments.
1.
Each multifamily plex residential project shall provide permanently maintained usable open space. "Usable open space" means on-site area or areas, accessible to the residents of the development it serves and designed for safe and convenient active use for recreational, leisure, and social activities. Projects shall provide a minimum of fifty square feet of usable private open space per unit, which may include a porch, stoop, patio, deck, balcony, and/or yard, and a minimum aggregate total of one hundred square feet of usable common open space per unit.
2.
Structures shall be separated by a minimum of five feet.
3.
The entrances, porches/patios, and at least one window of dwelling units that are not required to be oriented toward a public street shall be oriented toward the common open space in the project.
4.
Accessory structures and uses (e.g., bicycle storage, garages, carports, laundry rooms, recreation facilities, etc.) shall be designed and constructed with an architectural style, exterior colors, and materials that match the structures in the project containing dwelling units.
5.
Off-street parking, covered and uncovered, for multifamily plex developments of three or more units shall be screened from view from adjacent public streets. Screening may be accomplished through building placement, landscaping, a planted earth berm, planted fencing, topography, or some combination of the above. Landscaping used for screening purposes shall be no less than ten feet wide (from the back of sidewalk or street curb to the parking lot paving, whichever is greater) and no less than three feet tall.
6.
Structures listed on Table 9.1-1 (Buildings Potentially Eligible for the California Register) of the Cotati general plan background report shall be preserved/restored in their existing location and incorporated into the proposed development.
7.
Landscaping shall comply with the requirements of Chapter 17.34 (Water Efficient Landscaping Standards).
8.
Parking Location. Off-street parking shall be located so that garage doors, carports, and open parking spaces are not visible from the street fronting the parcel, with the exception of two-unit (duplex) developments which shall comply with Section 17.36.090.
9.
Outdoor lighting shall be installed and maintained along all vehicular access ways and pedestrian walkways, in compliance with Section 17.30.060 (Outdoor lighting). The lighting shall be shielded and directed downward onto the driveways and walkways within the development and away from adjacent properties to eliminate glare and minimize light trespass. Lighting of at least one foot-candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened with full cutoff luminaires to minimize sky glow and glare onto public sidewalks and adjacent residences. Lighting fixtures/lamps shall be energy efficient and be a warm light with a broad color spectrum to minimize sky glow. An all-night light shall not exceed three thousand K (Kelvin Color Temperature Scale) and lights with an on/off timer shall not exceed four thousand K. Proposed lighting shall be shown on the required landscape plan and supported by a photometric analysis.
D.
Accessory Elements. The intent of accessory elements standards is to ensure that certain accessory uses are provided and appropriately screened.
1.
Perimeter fencing utilized along public streets shall be constructed of decorative iron, pre-painted welded steel, stone, wood, or a combination of such materials. Chain-link fencing is prohibited.
2.
The height of solid fencing between private yards and common open spaces shall be limited to forty-two inches in height.
3.
Screen rooftop equipment (solar panels are exempt) from visibility. The point of view for determining visibility shall be five feet above grade at a distance of two hundred feet.
4.
Screen all exterior trash, recycling, storage utility boxes, wood service poles, electric and gas meters, fire sprinkler valves and backflow preventers and transformers, or other ground-mounted infrastructure.
5.
Refuse Containers.
a.
Four units or less may be served by individual or shared refuse containers, which must fit either in garage(s) or into a special enclosure(s).
b.
Projects of five units or more shall provide dumpsters for garbage collection within a roofed enclosure.
c.
When dumpsters are required, the project applicant shall coordinate with the refuse pickup provider to determine the size and number of dumpsters required and ensure that dumpsters shall accommodate all waste streams (landfill, recycling, and compost, etc.).
d.
Dumpster enclosures shall be roofed and incorporate walls a minimum of six feet tall. Allow adequate size to accommodate the needed garbage dumpsters, compost, and recycling containers. All enclosures and gates should be designed to withstand heavy use. Provide wheel stops or curbs to prevent dumpsters from banging into walls of enclosure.
e.
Provide an opening so that pedestrians can access the dumpsters without opening the large gates.
f.
Provide lighting at trash enclosures for nighttime security and use.
g.
Locate dumpster enclosures so that no dwelling is closer than twenty feet (including those on abutting properties), or more than one hundred feet from a residential unit. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.
6.
Laundry Facilities. Each unit shall be provided a plumbed individual laundry area within the unit or its garage, of a size large enough to accommodate a clothes washer and dryer. If located in a garage for an individual unit, the laundry area shall not encroach into the parking area. Alternatively, project applicant may provide common laundry facilities.
E.
Mixed Use Developments. Projects consisting of both commercial and residential uses shall also be consistent with each of the following standards below:
1.
Site planning and building design shall provide for pedestrian access from the public street into the nonresidential and residential portions of the project, through courtyards, plazas, and walkways.
2.
Horizontal mixed use projects shall include a pedestrian network connecting the residential components of the project with the nonresidential components through the provision of courtyards, plazas, and walkways.
3.
All building design and site design requirements and criteria identified herein shall be incorporated into mixed use projects.
F.
Solar on Site. Projects shall include on-site solar photovoltaic panels/equipment to help achieve energy efficiency standards contained within California Code of Regulations Title 24.
G.
Additional Objective Standards Within Land Use Code and Specific Plans. Projects subject to this chapter must comply with all other applicable objective standards within this land use code and adopted policies of specific plans.
(Ord. 927 § 16, 2024)
§ 17.39.050 Single-family objective residential design standards.
These standards apply to all single-family homes, with the exception of cottage housing projects consistent with Section 17.42.125 and dwelling units that are part of a multifamily housing development. The standards of Sections 17.39.040(B)(1) through (B)(5) may also be applied to structures containing up to four dwelling units that are part of a development of ten or more units that is comprised of single-family and/or multifamily structures.
A.
Building Design. The intent of these building design standards is to enhance the quality and character of neighborhoods with new single-family homes that include design features of traditional residential architectural styles and reflect the character of Cotati's existing housing.
1.
Single-family homes shall include design features of traditional residential architectural styles as follows:
a.
The primary entrance to the dwelling shall be clearly visible from the street and accessed via a front porch that is located on the front facade. The porch shall be a minimum of six feet clear depth and eight feet clear width. The porch shall be open on the front and at least one side, with the exception of a partial enclosure of a maximum height of thirty-six inches (or the minimum height required by the building code) above the floor. This enclosure shall be either (i) a half wall/pony wall enclosed with the same materials as the building's exterior, natural stone, or brick, or (ii) a wooden balustrade featuring balusters, pickets, or spindles, open horizontal slats, or other decorative woodwork of an open design. Porches shall be covered with a roof.
b.
Building materials and details shall be consistent on all elevations, with the exception of the rear elevation.
c.
Exterior wall materials shall include at least two of the following materials: solid wood or concrete-based wood siding, plywood with vertical solid wood battens of at least two-inch width (nominal), solid wood or concrete-based shingle siding, stucco, brick, and stone. Exterior wall materials such as T1-11 siding, particle board, vinyl, foam, and EIFS are prohibited.
d.
The front facade of a garage shall not exceed a width of twenty-five feet.
e.
Blank walls shall not exceed twenty linear feet without being interrupted by a window or entry.
f.
Where one or more windows are proposed ten feet or less from a side lot line, or ten feet from another residential structure on the same site, the windows shall be oriented and/or screened by an architectural feature or landscaping to provide privacy for the residents of both structures.
2.
The building design shall comply with at least five of the following standards:
a.
Visible roof styles shall incorporate low to moderately pitched roofs (gabled or hipped) with slopes ranging between 4:12 and 9:12. Other roof types such as flat, parapet, butterfly, and shed shall not be visible elements of the architecture, except a dormer, porch, or architectural projection may include a shed roof. A shed roof with a projecting dormer(s) is permissible.
b.
Rooflines shall extend past the wall of the building with a minimum eave width of eighteen inches and shall include exposed roof beams and/or rafters.
c.
Triangular knee braces supporting eaves, beams extending beyond the edge of the roof eaves, and/or decorative exposed roof beams shall be incorporated.
d.
The upper portion (quarter to half) of a window shall include divided lights or simulated divided lights. Tinted and reflective glass is prohibited.
e.
Windows shall be limited to double hung, single hung, casement, or fixed, and shall include a wood surround with a minimum width of four inches (nominal).
f.
Exterior entry doors shall include recessed panels and/or glazing and shall include a wood surround with a minimum width of four inches (nominal).
g.
The ground floor of the home shall be raised twelve to thirty inches above natural grade.
h.
The roof of the front porch shall be supported by square/rectangular columns at least six inches in width (nominal) which may be straight and/or tapered.
i.
The upper story(ies) of the house shall be set back at least thirty-six inches from the first story.
j.
Parking shall be provided behind dwelling such that no surface parking, garage, or carport is visible from street. Such parking may be accessed via an alley at the rear or side of the property, or via a driveway in compliance with Section 17.36.090(A)(4).
B.
Site Design. The intent of site design standards is to ensure the integration of new single-family homes into the surrounding neighborhood.
1.
No more than forty percent of the front setback area shall be paved for walkways, driveways, and/or other hardcover pavement.
2.
Perimeter fencing utilized along public streets shall be constructed of decorative iron, pre-painted welded steel, stone, wood, or a combination of such materials. Chain-link fencing is prohibited.
3.
All roof-mounted and/or ground-mounted equipment with the exception of solar collector panels shall be screened from view using architectural and/or landscape features. The point of view for determining visibility of roof-mounted equipment shall be five feet above grade at a distance of two hundred feet.
4.
Screen all exterior trash, recycling, storage utility boxes, wood service poles, electric and gas meters, fire sprinkler valves and backflow preventers and transformers, or other ground-mounted infrastructure.
5.
Accessory structures and uses shall be designed and constructed with an architectural style, exterior colors, and materials that match the dwelling unit.
C.
Additional Objective Standards Within Land Use Code and Specific Plans. Projects subject to this chapter must comply with all other applicable objective standards within this land use code and adopted policies of specific plans.
(Ord. 927 § 16, 2024)