Chapter 17.28
SPECIAL PURPOSE ZONE AND OVERLAY ZONE STANDARDS
Sections:
17.28.020 Coordinated planning (CP) overlay zone.
17.28.030 Mobilehome park (MHP) overlay zone.
17.28.040 Public facility (PF) zoning district.
17.28.050 Specific plan, downtown (SPD) zoning district.
17.28.060 Specific plan, Santero Way (SPSW) zoning district.
17.28.010 Purpose.
This chapter regulates structures and land uses in the special purpose and overlay zones established by Chapter 17.20, Zoning Map. The provisions of this chapter for overlay zones provide guidance for development in addition to the standards and regulations of the primary zoning districts, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning. (Ord. 766 § 2 Exh. A (part), 2004).
17.28.020 Coordinated planning (CP) overlay zone.
A. Purpose. The CP overlay zone is applied to groups of parcels, where the planning of proposed development on each parcel must be coordinated with that proposed and/or anticipated on adjacent parcels within the overlay. The purpose of requiring coordinated planning is to ensure safe and convenient pedestrian and vehicle circulation, natural resource preservation, and/or to carry out other purposes of the general plan and this land use code. The effect of this overlay zone is to limit development otherwise allowed by the primary zoning district until a master plan has been prepared for development on all contiguous parcels within the overlay.
B. Applicability. The provisions of this section apply to proposed land uses and development within the CP overlay zone in addition to all other applicable requirements of this land use code. No planning permit or building permit shall be approved for the development or use of a parcel within the CP overlay zone until a master plan has first been approved in compliance with subsection F of this section, and any conditions of approval of the master plan that are prerequisite to the issuance of other city approvals have been satisfied.
C. Where Allowed. The CP overlay zone may be applied by the city only at the initiation of the council, to any parcel or parcels in addition to their primary zoning district designations.
D. Mapping of CP Overlay Zone. The applicability of the CP overlay zone to a specific site shall be shown by the CP overlay zone symbol being appended as a suffix to the symbol for the primary zoning district on the zoning map. The CP overlay zone shall be applied to property through the rezoning process.
E. Relationship of CP Overlay Zone to Primary Zoning District.
1. Allowable Land Uses. After master plan approval, any land use normally allowed in the primary zoning district by this chapter may be allowed within the CP overlay zone, except to the extent that uses otherwise allowed within the primary zoning district are limited by the terms of an approved master plan.
2. Planning Permit Requirements. After the approval of a master plan in compliance with subsection F of this chapter and initial site development and occupancy in compliance with the approved master plan, subsequent development and new land uses within the CP overlay zone shall obtain the planning permits required by this chapter for the primary zoning district.
3. Site Planning and Project Development Standards. Development and new land uses within an overlay district shall comply with all applicable development standards of the primary zoning district, and all applicable standards established by the approved master plan.
4. Conflicting Standards. Any perceived conflict between the provisions of this chapter and any other provision of this land use code shall be resolved in compliance with Section 17.10.040(D) of this title.
F. Master Plan Required. The city will not issue any planning permit, or any grading, building, or other construction permit for a site subject to the CP overlay zone until a master plan has first been approved in compliance with this subsection, and any conditions of approval of the master plan that are prerequisite to the issuance of construction permits have been satisfied.
1. Purpose. The master plan process provides for the review of initial parcel development in relation to surrounding parcels and ownerships in the same district, on parcels where sensitive site characteristics, general plan policies, complex and/or multi-use projects, require comprehensive review by the city, including planning commission input, and a final decision by the city council.
2. Review Authority. A master plan shall be approved or disapproved by the council after review and a recommendation by the commission.
3. Application Filing and Processing. An application for a master plan shall be completed, filed and processed as follows, and as provided by Chapter 17.60 (Permit Application Filing and Processing) of this title:
a. Eligibility for Filing. An application may only be filed by the owner of the subject property, or other person with the written consent of the property owner.
b. Application Contents. Each application for master plan approval shall be filed with the director on a city application form, together with required fees and/or deposits, all the following information, and all other information and materials required by the department. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (F)(5) of this section:
i. Allowed land uses, densities and building intensities. The land uses proposed and/or authorized as part of a master plan may include any listed in this land use code as allowable within the primary zoning district;
ii. A detailed overall site plan that shows proposed land uses, structures, landscape areas, conservation areas for natural features, buffers, provisions for site access, internal and external circulation and parking, and all other details of site design;
iii. Provisions for internal access to adjoining properties, so as to minimize the number of vehicle access points on city streets;
iv. Architectural and other building design requirements and guidelines, to define the appearance of approved structures;
v. Standards and guidelines for proposed signs, consistent with Chapter 17.38 (Signs) of this title;
vi. Plans showing the approximate location and layout of proposed infrastructure and utilities, including any proposed or required extensions of existing lines for water, sewer, etc.;
vii. Project and parcel phasing, to the extent that phasing is known by the property owner, or owners in the case of multiple properties participating in a project proposal;
viii. Any other information, requirements, and/or conditions of approval determined by the review authority to be appropriate.
Applicants are encouraged to contact the director before submitting an application to verify which materials are necessary for application filing.
4. Project Review, Notice and Hearing. Each application shall be reviewed by the director to ensure that the proposal complies with all applicable requirements of this land use code.
a. Notice and Hearings. The commission and council shall each conduct at least one public hearing regarding a proposed master plan. Notice of the hearings shall be given in compliance with Chapter 17.88 (Public Hearings) of this title.
b. Commission Recommendation. After a public hearing, the commission shall forward a written recommendation, and reasons for the recommendation, to the council whether to approve, approve in modified form, or disapprove the proposed master plan, based on the findings in subsection (F)(5) of this section.
c. Council Decision. Upon receipt of the commission’s recommendation and after a public hearing, the council may approve, approve in modified form, or disapprove the proposed master plan, based on the findings in subsection (F)(5) of this section.
5. Findings and Decision. The review authority may recommend or approve a master plan only after first finding all of the following:
a. Each proposed use is allowed within the primary zoning district and complies with all other applicable provisions of this land use code;
b. Each proposed land use allowed with the primary zoning district, and is consistent with the general plan and any applicable specific plan;
c. The master plan provides an effective and efficient circulation system for all property covered by the plan, with roadway capacities appropriate to the volume of traffic to be generated by each proposed use;
d. The arrangement of proposed land uses on the site and the design of proposed structures will ensure compatibility between the proposed uses in terms of their traffic generation characteristics, parking and loading requirements, scale, hours of operation, and other external effects;
e. The design, location, size, and operating characteristics of the uses and structures proposed on the site are and will be compatible with the existing and future land uses in the vicinity;
f. The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and
g. Granting the permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.
6. Conditions of Approval. In approving a master plan, the review authority may impose any reasonable conditions to ensure that the approval will comply with the findings required by subsection (F)(5) of this section. (Ord. 766 § 2 Exh. A (part), 2004).
17.28.030 Mobilehome park (MHP) overlay zone.
A. Purpose. The MHP overlay zone is applied to existing mobilehome parks and mobilehome parks proposed and permitted after the adoption of the MHP overlay zone. The MHP overlay zone is intended to promote the maintenance and viability of mobilehome parks through appropriate zoning. It is an overlay zone where mobilehome parks are established as the primary land use in order to set the development standards for mobilehome parks and to limit the conversion of existing mobilehome parks, which are seen as a form of affordable housing, to other land uses. The MHP overlay zone is consistent with and implements all residential land use designations of the general plan.
The senior mobilehome park (MHP-S) overlay zone is a subzone of the MHP overlay zone. The MHP-S overlay zone is intended to promote and preserve a variety and balance of housing types within the city, and it provides assurances that existing senior mobilehome parks and senior mobilehome parks developed and permitted after the adoption of the MHP-S overlay zone will remain senior mobilehome parks.
B. Applicability. The provisions of this section apply to proposed land uses and development within the MHP overlay zone in addition to all other applicable requirements of this land use code. The mobilehome park overlay zone shall be designated by the symbol “MHP” on the city of Cotati zoning map. This designation applies to all of the mobilehome parks that existed in Cotati as of September 12, 2023, and any mobilehome parks proposed and permitted following that date. The senior mobilehome park overlay zone shall be designated by the symbol “MHP-S” on the city of Cotati zoning map. The MHP-S designation applies to the senior mobilehome park that existed in Cotati as of September 12, 2023, and any senior mobilehome parks proposed and permitted following that date. The MHP-S does not apply to any units in an MHP-S overlay zone that are not on mobilehome lots.
C. Allowable Land Uses and Planning Permit Requirements.
1. A mobilehome park is the only land use type listed in Section 17.22.020 (Allowable land uses and planning permit requirements) that may be allowed on a site designated with the MHP overlay. A mobilehome park shall be authorized by the planning permit required for a mobilehome park by the primary zoning district and shall be designated as all ages or senior upon its development.
2. One hundred percent of the spaces or mobilehomes in mobilehome parks in the MHP-S overlay zone shall be occupied by at least one person fifty-five years of age or older. This senior occupancy requirement does not apply to or affect ownership of a mobilehome space or unit. As long as at least one occupant of a mobilehome in a senior mobilehome park is fifty-five years of age or older, the senior occupancy requirement is satisfied as to that space or mobilehome, whether or not the owner of the mobilehome is fifty-five years of age or older.
3. The signage, advertising, park rules, regulations, rental agreements, and leases for spaces in a senior mobilehome park in the MHP-S overlay zone shall state that the mobilehome park is a senior mobilehome park and specify that spaces or mobilehomes are only available for rent or lease by individuals such that at least one occupant of the space or mobilehome is fifty-five years of age or older.
4. Spaces and mobilehomes in a mobilehome park in the MHP-S overlay zone shall be leased or rented only to occupants who will not cause the requirements of subsection (C)(2) of this section to be violated. If the occupants of a space or mobilehome, who cause the requirements of subsection (C)(2) of this section to be violated, rented or leased the space or mobilehome before the effective date of the ordinance codified in this section, the occupants shall be allowed to remain; provided, that when such occupants cease to occupy a space or mobilehome in the senior mobilehome park, the space or mobilehome cannot thereafter be rented or leased except to occupants who will not cause the requirements of subsection (C)(2) of this section to be violated.
D. Development Standards. Subdivision, site planning, development, allowable density, and new land uses on a site within the MHP overlay zone shall comply with all applicable development standards of the primary zoning district, and all other applicable provisions of this development code (e.g., Article 3, Site Planning and Project Design Standards). A mobilehome park shall also comply with the applicable development standards of Section 17.42.110 (Mobilehomes and mobilehome parks).
E. Annual Certification for Senior Mobilehome Parks in MHP-S Overlay Zone. The owner or operator of each mobilehome park in the MHP-S overlay zone shall, on an annual basis, conduct occupant age verification to ensure that the senior mobilehome park is in compliance with the senior occupancy requirement of this section, and file documentation and a certification of compliance with the city, as follows:
1. Each senior mobilehome park in the MHP-S overlay zone shall conduct an annual occupant age verification to ensure that it qualifies as a senior facility under applicable federal and state law, and this section, including collection of documentation establishing that one hundred percent of the occupied mobilehomes or spaces in the mobilehome park are occupied by at least one resident who is fifty-five years of age or older in accordance with subsection (C)(2) of this section. The verification process shall include surveys, affidavits, or other means of updating the initial information supplied by the occupants of the mobilehome park. A summary of this occupant age verification documentation is required to be filed with the city annually.
2. The owner or operator of each mobilehome park in the MHP-S overlay zone shall provide to the city an annual certification that the senior mobilehome park is in compliance with the senior occupancy requirement of this section, in substantially the following form:
I [name] hereby certify, under penalty of perjury in accordance with California law that there is at least one occupant fifty-five (55) years of age or older in the [number of occupied units] currently occupied units of the total [number of units in the park] units in the [name of senior mobilehome park] senior mobilehome park. I further certify that there are [number of unoccupied units] currently unoccupied units. This certification is based on my personal knowledge of the residents, and 1) Evidence provided to me in the form of official government documents containing specific information about the current age of the occupants, 2) Occupant affidavits, and/or 3) Age certifications made by occupants in their current lease or rental agreements.
3. The deadline for filing the annual age verification and certification with the city shall be the date of fee collection and/or filings pursuant to the city’s mobilehome rent stabilization program as specified in Section 19.14.075(B).
4. If the operator or owner of a senior mobilehome park in the MHP-S overlay zone fails to comply with the obligations set forth in subsections (E)(1) through (E)(3) of this section, or if the city chooses to conduct age verification of a senior mobilehome park itself, the city manager or his, her, or their designee is authorized to take all steps necessary to conduct occupant age verification, including but not limited to delegation to the owners of the senior mobilehome park of the obligation to conduct occupant age verification, for the purpose of complying with 24 CFR Section 100.307.
F. Violations.
1. Failure to comply with the requirements of this section shall constitute a violation of the ordinance codified in this section, and subject to enforcement and the remedies provided in Chapters 1.28, 9.100, and 17.89.
2. Occupants of senior mobilehome parks in the MHP-S overlay zone who believe that potential violations of this section may be occurring shall report such potential violations to the owner or operator of the senior mobilehome park and to the city. The owner or operator of a senior mobilehome park shall immediately investigate any report of a potential violation and shall respond to any potential violation in a timely and proactive manner.
3. Notwithstanding any other provision in this code that may be to the contrary, if an occupant of a senior mobilehome park believes that the owner or operator of a senior mobilehome park has violated the provisions of this chapter, the occupant shall have the right to file an action for injunctive relief and/or actual damages against such owner or operator of the senior mobilehome park. Likewise, any owner or operator of a senior mobilehome park who believes that an occupant of a senior mobilehome park has violated the provisions of this chapter, the owner or operator of the senior mobilehome park shall have the right to file an action for injunctive relief and/or actual damages against such occupant. In any action brought under this chapter, the court may award reasonable attorney’s fees to any prevailing party. Nothing herein is intended to limit the damages recoverable by any party through a private action. (Ord. 923 § 6, 2023; Ord. 766 § 2 Exh. A (part), 2004).
17.28.040 Public facility (PF) zoning district.
A. Purpose. The PF zoning district is applied to areas appropriate for public facilities, utilities, and public gathering facilities including public schools, libraries, government offices, etc. The PF zoning district is consistent with and implements the public facilities land use designation of the general plan.
B. Allowable Land Uses and Planning Permit Requirements. The land uses allowed within the PF zoning district and the planning permit requirement for establishing an allowed use are determined by Section 17.22.020 (Allowable land uses and planning permit requirements) of this title.
C. Development Standards. Subdivision, site planning, development, and new land uses on a site within the PF zoning district shall comply with the standards of the most restrictive zoning district other than PF that abuts the site; or as determined by the council for a city facility during the facilities planning process, with site coverage and structure heights consistent with existing adjacent development, where feasible. (Ord. 766 § 2 Exh. A (part), 2004).
17.28.050 Specific plan, downtown (SPD) zoning district.
A. Applicability. The SPD zoning district is applied to the area covered by the downtown specific plan, which provides detailed and comprehensive guidance and standards for development. The SPD zoning district is consistent with and implements the general commercial and parks land use designations of the general plan.
B. Allowable Land Uses and Planning Permit Requirements. The land uses allowed within the SPD zoning district and the planning permit requirement for establishing an allowed use are determined by the downtown specific plan and Section 17.22.020, Table 2-4.
C. Development Standards. Subdivision, site planning, building and development standards are determined by the downtown specific plan. In addition, the design of residential uses in the downtown specific plan shall be consistent with the objective residential design standards in Chapter 17.39. (Ord. 918 § 7, 2023; Ord. 823 § 2(C) Exh. C (part), 2009).
17.28.060 Specific plan, Santero Way (SPSW) zoning district.
A. Purpose. The SPSW zoning district is applied to the area covered by the Santero Way specific plan, which provides detailed and comprehensive guidance and standards for development. The SPSW zoning district is consistent with and implements the Santero Way specific plan area land use designation of the general plan.
B. Allowable Land Uses and Planning Permit Requirements. The land uses allowed within the SPSW zoning district and the planning permit requirement for establishing an allowed use are determined by the Santero Way specific plan.
C. Development Standards. Subdivision, site planning and building standards are determined by the Santero Way specific plan. (Ord. 766 § 2 Exh. A (part), 2004).
ARTICLE 3. SITE PLANNING, DESIGN, AND OPERATIONAL STANDARDS