Cotati City Council
March 22, 2022

APN: 144-250-008

DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

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Packet Pg. 191 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open

EXHIBITB

PERMITTED USES AND PRACTICES
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The following uses and practices, though not necessarily an exhaustive recital of consistent uses and practices, are permitted under this Agreement, provided that they are undertaken in accordance with the terms and provisions of this Agreement and that all applicable governmental approvals and permits are properly obtained and followed:

1. Consistent Uses: To use or lease the Property consistent with the Conservation Purpose of this Agreement.

2. Residential Uses: To use or lease the existing farmhouse and water tower on the Property for residential or caretaking uses, consistent with the Conservation Purpose of this Agreement.

3. Recreational Uses: To utilize the Property for low intensity recreational or educational purposes, including, but not limited to, hiking, nature study, picnicking, and establishment of public trails. Any activities as provided for in this Paragraph which result in significant surface alteration or development of the land require the approval of DISTRICT.

4. Agricultural Uses: To utilize the Property for appropriate agricultural uses including a community garden or small farm for the cultivation of vegetables, flowers, fruit and nut trees, berries and other seasonal fruits, low-intensity livestock grazing, and poultry production.

5. Historic Uses: To utilize the existing farmhouse, water tower and barns on the Property for a museum and other educational activities related to the rural, agricultural traditions of the Property.

6. Construction of Structures and Other Improvements: GRANTOR may undertake construction, reconstruction, or other improvement of the Property only as provided below:
a. Construction. To construct, erect or place non-residential structures and improvements in connection with the historic uses, low intensity recreational and educational uses and active agricultural uses, water supply, or water quality activities and uses as provided in this Agreement, including, but not limited to, picnic tables, trail improvements, restroom facilities, water supply/quality facilities, and additional barns and a 1,500 square foot museum structure, provided, however, that new structures are constructed or placed in close proximity of the existing farmhouse residence and barns and the total sum of the land area covered with existing and new structures does not exceed more than 10,000 square feet. No structure on the Property shall exceed 24 feet in height. GRANTOR shall deliver to DISTRICT written request for approval of such construction, erection or placement in accordance with the provisions set forth in this Agreement. DISTRICT's approval shall specifically consider design and location and shall be based upon its finding that the proposed construction, erection or placement is consistent with the conservation purpose of this Agreement. Additional boundary fencing deemed by GRANTOR to be reasonably necessary may be constructed without DISTRICT's consent. Such fencing shall be constructed to allow visibility.

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Falletti Ranch - Permitted Uses 09/23/08
DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

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Packet Pg. 192 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open b. Replacement of Improvements. In the event of destruction, deterioration or obsolescence of any improvements conforming to the requirements of this Agreement, whether existing at the date hereof or constructed subsequently pursuant to the provisions of this Agreement, GRANTOR may replace same with ones of similar size, function, capacity and location, provided that GRANTOR obtains the prior written approval of DISTRICT in accordance with the provisions set forth in Paragraph 5 of this Agreement.

In the event of destruction, deterioration or obsolescence of any fences or other similar improvements, whether existing at the date hereof or constructed subsequently pursuant to the provisions of this Agreement, GRANTOR may replace same with ones of similar size, function, capacity and location, without prior notice to or approval by DISTRICT, provided, however, that such replacement is consistent with the Conservation Purpose of this Agreement.
c. Maintenance and Repair of Improvements. To maintain, repair and restore improvements on the Property without prior notice to or approval by DISTRICT provided, however, that such, maintenance and repair is consistent with the Conservation Purpose of this Agreement.

7. Water Resources: To develop new springs or wells; with the approval of DISTRICT, to develop sewage disposal leaching systems and additional water storage facilities associated with the recreational activities as provided in this Agreement, provided however, that such facilities are located so as to minimize visual impacts. Such uses further shall be developed in a manner consistent with the conservation purpose of this Agreement.

8. Signs: To place signage on the Property associated with permitted recreational or educational purposes, the size of which shall individually not exceed two (2) square feet, and one sign to identify the Property which shall not exceed twenty-four (24) square feet.

9. Easements: To continue use of existing easements ofrecord granted prior to this Agreement.

Modifications to easements of record as of this date and subsequent easement requests from GRANTOR or third parties require the approval of DISTRICT in accordance with the provisions set forth in Paragraph 5 of this Agreement. New easements may only be granted where they will remove or significantly lessen the impact of existing easements of record on the protected values set forth in the conservation purpose of this Agreement. It is the primary duty of the GRANTOR to enforce the limiting provisions of new easements and easements of record granted prior to this Agreement.

10. Animal Control: To control predatory and problem animals by the use of selective control techniques consistent with policies promulgated by the Sonoma County Agricultural Commissioner and other governmental entity having jurisdiction.

11. Restoration and Enhancement: To undertake conservation practices which promote soil stabilization and reduce erosion in accordance with sound, generally accepted practices.

Approval of DISTRICT in accordance with the provisions set forth in Paragraph 5 of this Agreement is required when conservation practices involve significant surface alteration.

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Falletti Ranch - Permitted Uses 09/23/08
DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

11.A.f
Packet Pg. 193 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open

12. Fire Management: To undertake vegetation management activities for the purpose of fire control and/or natural resource management and promotion of biodiversity. Such methods may include prescriptive burning, limited grazing or limited brush removal on the Property.

DISTRICT shall receive prior notification of such activities.

13. Removal of Non-Native Plants: To remove invasive, non-native plant species that threaten or impede the growth of native species.

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Falletti Ranch - Permitted Uses 09/23/08
DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

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Packet Pg. 194 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open

EXHIBITC

PROHIBITED USES AND PRACTICES
The following uses and practices, though not necessarily an exhaustive recital of inconsistent uses and practices, are inconsistent with the purposes of this Agreement and shall be prohibited upon or within the Property:

1. Impairment of Conservation Purpose: To impair the conservation purpose, except as otherwise expressly provided in this Agreement.

2. Other Uses: To establish any residential, agricultural, commercial or industrial activity or use, except as provided for in Exhibit B.

3. Signs: To construct, place, or erect any sign or billboard except as provided in Paragraph 7 of Exhibit "B".

4. Construction: To construct, reconstruct, or replace any structure or improvement except as provided in Exhibit "B."

5. Motorized Vehicles: To use motorized vehicles, except by GRANTOR or others under GRANTOR'S control, for permitted property management activities, for recreational, resource management or water supply or water quality activities, for inspections by DISTRICT, for emergency and fire control purposes, and for uses pursuant to deeded rights that pre-date this agreement. To use motorized vehicles off roads except when necessary for emergency or fire control purposes.

6. Dumping: To dump or accumulate trash, ashes, garbage, waste, inoperative vehicles or other unsightly material on the Property. /

7. Water and Soil Degradation: To cause degradation of or erosion of the soil, or pollution of any surface or subsurface waters.

8. Storage of Equipment and Materials: To store work materials which may be visible from public roadways such as pipes, culverts, fencing, heavy equipment and the like, except while work is in progress and not for any period exceeding ninety (90) days.

9. Utilities: To install new above-ground utility systems within pre-existing or new easements, including, without limitation, water, sewer, power, fuel and communication lines and related facilities and equipment, except to serve recreational, water supply water quality and/ or property management activities or uses as provided in this Agreement. New easements may only be granted where they will remove and significantly lessen the impact of pre-existing easements on the conservation purpose of the Agreement.

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Falletti Ranch - Prohibited Uses 09/23/08
DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

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Packet Pg. 195 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open

10. Surface Alteration or Excavation: To alter the contour of the Property in any manner whatsoever including, but not limited to, excavating or removing soil, sand, gravel, rock, peat or sod, except in connection with public outdoor recreation, habitat restoration or enhancement activities and uses as provided in this Agreement and subject to approval of DISTRICT in accordance with the provisions set forth in Paragraph 5 of this Agreement.

11. Mining: To explore, develop, or extract minerals or hydrocarbons by any mining method, surface or otherwise.

12. Tree Removal: To remove or destroy any native trees; provided, however, that GRANTOR shall have the right to cut or remove trees as reasonably necessary to control insects and diseases, prevent personal injury and property damage, and to allow construction or repair of recreational structures and improvements.

13. Hunting: To hunt, trap or otherwise willfully kill wildlife for food or sport.

C-2
Falletti Ranch - Prohibited Uses 09/23/08
DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

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Packet Pg. 196 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open

CERTIFICATE OF ACCEPTANCE
( Government Code Section 27281}

OFREALPROPERTYBYTHE

BOARD OF DIRECTORS OF THE

SONOMA COUNTY AGRICULTURAL PRESERVATION

AND OPEN SPACE DISTRICT
This is to certify that the interests in real property conveyed by the Conservation Easement Agreement dated QC--ftJbe,-J1f"-- , 2008, from the Gtyof Cotati, a municipal coiporation, to the Sonoma County Agricultural Preservation and Open Space District, a governmental agency formed pursuant to the provisions of Public Resources Code Section 5506.5, is hereby accepted by the President of the Board of Directors on behalf of the District pursuant to the authority conferred by Resolution No. 08-0762 of the Board of Directors, dated September 9, 2008 and the District consents to the recording thereof by its duly authorized officer.

Dated: /o/7 / 1K •
ATTEST:

Robert Deis, derk"of the$oard of Directors . _:: - -: ,.

Sonoma County Agricultural Preservation and
Open Space District -~ _,
,-r.

By. ____
~-~ -=""---~-----
Mike Kerns, President
Board of Directors
DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

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Packet Pg. 197 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open Veronda-Falletti Ranch Open Space August 30, 2013
Work Plan Page 1 of 5

EXECUTIVE SUMMARY
This document constitutes a Work Plan for achieving the City of Cotati’s goals and obligations of the 2008 Faletti Ranch Conservation Easement Grant Deed and Matching Grant Agreement (hereafter, “Easement” and “Agreement,” respectively) between the City and the Sonoma County Agricultural Preservation and Open Space District. The Agreement assigns responsibility to the City to develop physical and programming improvements sufficient to provide public recreational, agricultural and educational uses on the property.

The Plan provides a description of the fundamental components that will become the park’s programming, a schedule for implementing the programming and a budget of expenditures for the City’s grant match.

WORK PLAN COMPONENTS
The Agreement sets forth implementation responsibilities for both the District and the City. It is the City’s responsibilities to develop and operate the property in accord with the intent established by the Agreement. The major use areas established by the Agreement, together with the details of the City’s intent are outlined below.

Public Outdoor Recreation and Education
The subject property is the center piece of the City’s park system. Funding for improvements and ongoing maintenance will come from the City’s municipal parks and open space budget.

As such, public recreation is fundamental to the long term programming of the property. The overall goal for the property is to create a small-scale demonstration ranch. While there are a variety of demonstration projects going on in the County, this demonstration will focus on achieving sustainable practices of a wide variety of activities on a small scale. It will be unique in that regard. The City will open the property to the public for the purposes of recreation and education. The recreation components will provide opportunities for the passive activities of viewing operations/activities and picnic/seating areas, as well as improvements for more active walking trails on both the perimeter of the property as well as its internal working areas. A series of trails will bring visitors into the internal areas of the property once the configuration is designed and implement according to operational needs.

The goal is to create a number of views into different activities; i.e., animal husbandry, gardening, sustainable practices, and habitat restoration/enhancement.

The property is located in the midst of three residential neighborhoods on a walking route utilized by a number of residents for daily exercise. It is also next to City Hall, with adjacent facilities and services such as community rooms which are used by the public to house a variety of activities, and ball fields which annually host the Rancho Cotati Little League.

Development of the recreation components will occur in phases. The first phase will consist of the development of a perimeter trail and a picnic area. The perimeter trail will provide active recreation opportunities and improves public safety by providing space for walkers, parents with strollers and those with mobility impairments to also enjoy the property. The perimeter trail will parallel West School Street which is a primary street in the City’s system, funneling pedestrian (and automobile) traffic from a number of surrounding residential DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

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Packet Pg. 198 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open Veronda-Falletti Ranch Open Space August 30, 2013
Work Plan Page 2 of 5
neighborhoods. The trail will create safer and more convenient access to the property’s secondary frontage. The recent addition of sheep to the property pastures has created a focal point of interest and pedestrian traffic has increased significantly. At numerous times throughout the day, dog-walkers, fitness walkers and bicyclists stop to watch the sheep and cattle. This section of West School Street does not have sidewalks or bicycle paths, so the perimeter trail has been prioritized in order to create a safer environment in which to enjoy activities occurring on the property.

The City will develop capacity with our various partners to operate a comprehensive schedule of public education opportunities. The City will seek a primary partner who is responsible for: 1) oversight of the operation of the property for the purposes of sustainable farming/ranching; and, 2) coordination of like programs which serve to educate the public.

Identification of this primary partner will occur by this fall of this year.

Complementing the primary educational focus, will be a number of other options designed to meet broader needs and desires of the community. To date, the City has identified interest in the topic areas of backyard food production, ornamental gardening and landscaping, smallscale animal keeping, sustainable wood production, oak woodland habitat restoration and youth education/mentoring. Although the selection of partners will need to be dynamic and responsive to public needs, the City will identify core partners by early 2014.

The final piece of the educational component will be relocation of the historical museum from City Hall to the restored farm house. City residents are extremely proud of the scope and quality of the museum’s information and exhibit materials. Added to this already extensive collection, will be additional materials particular to the agricultural history of Cotati and the surrounding area. The farm house will need several repairs and upgrades before it is suitable to house the museum. For this reason, the museum component will be the last milestone in the educational programming of the property.

Agricultural Activities
The City was recently able to reintroduce grazing livestock to the property with the placement of approximately 13 young sheep and four head of cattle. The City was seeking to reintroduce livestock to the property which is an extremely popular use on the property with residents, as well as a low impact means of weed abatement. As expected, the animals are an unending source of interest with regular stops at the property edges by parents with young children, pedestrians and bicyclists passing by, and the general public.

The first step in establishing an operations program for the property will be to identify a partner whose central ethic is the care and preservation of agricultural lands. It is important that operations on the property represent best practices for stewardship. This is not only important for the long term health of this community asset but it will be the cornerstone of the public education which is the very heart of the City’s interest in long term protection of the property. The City is looking for a partner who is well versed in sustainable agricultural and land use practices and management.

DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

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Packet Pg. 199 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open Veronda-Falletti Ranch Open Space August 30, 2013
Work Plan Page 3 of 5
Habitat Restoration & Enhancement
The property has several mature valley oak trees, along with numerous “volunteer” oaks which have grown up over the last few years. The trees provide shade, shelter and forage for both domestic and wild animals, and their long term health is vital for the property. Services of an arborist who can evaluate the needs of the trees and assist in implementing those needs is necessary.

In addition to the source of food and protection provided by the oaks, the property includes fruit trees and pasture lands. Both also serve as forage areas for birds and animals and a long term plan for restoration and enhancement of these assets is another core component of future activities on the site. The City will need to identify a source of this expertise, as well as a program partner(s) to oversee this effort and to provide educational opportunities around the theories and practices.

SCHEDULE FOR COMPLETION
Work has recently begun on the site signage as well as the perimeter trail and picnic area.

Signage design and interpretive text is currently being developed and should be finalized within the next 30 days. Solicitation for bids to cover work on the perimeter trail and picnic area were initiated in mid August and the last of those should be received by September 5th.

Work on those components can begin as soon as materials have been procured and work schedules allow.

Table 1 is a schedule of completion for all major tasks, as well as the long term (20 years) management of the programs and property maintenance.

COSTS
Table 2 is a breakdown of costs associated with the tasks set forth in Table 1. The costs included in this budget assume only those costs anticipated to be borne by the City. City costs include basic care and maintenance of the property as well as water infrastructure and supply. The budget does not include operational costs by program partners. Those costs are anticipated to be borne by the various organizations themselves with only costs of major capital improvements to be borne by the City. The City will participate in any way possible to assist our partners finance their operations. That assistance may be by participating in grant applications, helping to fundraise or by providing any needed expertise.

Task 22 is the ongoing maintenance of the property necessary for a safe and high quality public facility. These costs have been projected out for 20 years. ///
DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

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Packet Pg. 200 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open Veronda-Falletti Ranch Open Space August 30, 2013
Work Plan Page 4 of 5
Completion
1 Develop text for site signage Complete
2 Construct and install site signage In process
3 Develop and install program signage 2017 - Jan
4 Design and install picnic area 2015 - Oct
5 Design and install perimeter trail 2015 - Oct
6 Design and install interior circulation trails 2017 - Jan 7 Identify primary operating partner with expertise in one of the following areas:
sustainable agricultural practices, sustainable land management practices, farming/livestock operations, public education
2015 - Dec
8 Identify secondary partners w/particular expertise or program components 2016 - Mar 9 Design property improvements to accommodate program partners 2016 - May 10 Implement property improvements 2017 - Jan
11 Hold public meetings to introduce partners and operations 2016 - Apr 12 Establish curriculum and schedule for core components (historical area agricultural uses and practices; sustainable agricultural practices, habitat restoration) 2017 - Jan
13 Estabish potential special interest topics (e.g., master gardening, edible gardens, fiber sheds, bee-keeping) Ongoing
14 Develop list of improvements needed to restore existing farmhouse 2015 - Aug 15 Fundraising for restoration 2015 - Oct
16 Restore existing farmhouse for use as history museum 2016 - Oct 17 Open museum with exhibits of local & agricultural history 2016 - Dec 18 Determine needs for site resources (oaks, grasslands, soil) 2016 - Mar 19 Implement needed improvements/practices 2016 - Jun
20 Completion of major physical improvements 2017 - Apr 21 Completion of full program operations 2016 - Jul
22 Property upkeep and maintenance (see Notes) Ongoing
23 Monthly program meetings Ongoing
24 Monthly maintenance meetings Ongoing
NOTES:
1) Ongoing maintenance will consist of water supply costs and maintenance of supply lines, fencing maintenance and repair, tree trimming and maintenance, minor repairs to the farm house/museum, maintenance of the farm house/museum [painting, fencing, landscape maintenance and replacement, irrigation, heating/cooling systems] and staff time over 20 years. 2) All perimeter fencing to be replaced with Public Outdoor Recreation project.

Program Components and Tasks
Property Management and Maintenance
Signage
Public Outdoor Recreation
Public Outreach and Education
Agricultural Activities
Habitat Restoration / Enhancement
Table 1. Schedule of Completion, Major Tasks
DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

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Packet Pg. 201 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open Veronda-Falletti Ranch Open Space August 30, 2013
Work Plan Page 5 of 5
Total Cost
1 Develop text for site signage 1,960
2 Construct and install site signage 950
3 Develop and install program signage 5,095
4 Design and install picnic area 20,070
5 Design and install perimeter trail 34,135
6 Design and install interior circulation trails 64,480 7 Identify primary operating partner with expertise in one of the following areas: sustainable agricultural practices, sustainable land management practices, farming/livestock operations, public education 16,800 8 Identifysecondary partners w/particular expertise or program components 14,500 9 Design property improvements to accommodate program partners 6,330 10 Implement property improvements 18,460
11 Hold public meetings to introduce partners and operations 6,100 12 Establish curriculum and schedule for core components (historical area agricultural uses and practices; sustainable agricultural practices, habitat restoration) 7,200
13 Estabish potential special interest topics (e.g., master gardening, edible gardens, fiber sheds, bee-keeping) 7,200
14 Develop list of improvements needed to restore existing farmhouse 4,080 15 Fundraising for restoration 18,200
16 Restore existing farmhouse for use as history museum 267,800 17 Open museum with exhibits of local & agricultural history 11,700 18 Determine needs for site resources (oak trees, grass lands, soil) 42,900 19 Implement needed improvements/practices 4,490
20 Completion of major physical improvements 4,950
21 Completion of full program operations 2,300
22 Property upkeep and maintenance (see Notes) 2,777,500 23 Monthly program meetings 169,000
24 Monthly maintenance meetings 176,700
Anticipated City Expenditures 3,682,900$
Task
Table 2. Budget, Major Tasks
DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

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Packet Pg. 202 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open

EXHIBIT C

LICENSE PROVISIONS SPECIFIC TO LICENSEE
Maintenance and Access
Licensee is responsible for the Licensed Premises and the Property between the external fence and public pathways/sidewalks (Exhibit A), including maintenance, scheduling of events, and public access. Licensee acknowledges that the License granted herein is non-exclusive, and that Licensee shall provide access to the Property and the Licensed Premises to any Other Licensee(s) in accordance with the Farm Work Plan or otherwise upon reasonable advance coordination; notwithstanding the foregoing, Other Licensee(s)’s access to the Property and Licensed Premises shall not be restricted by Licensee, except as otherwise agreed in writing between the Licensees.

Any additional terms and conditions regarding reasonable advance coordination of access to or through the Licensed Premises by Other Licensee(s) may be determined under separate agreement between Licensee and the Other Licensee(s), subject to City’s review prior to execution.

Management Services
The Property must be managed in accordance with the Conservation Easement, the approved City Work Plan, and the current Farm Work Plan, as may be amended. This includes, but is not limited to, weed abatement, pest abatement, and maintaining the Property in good repair and tidy appearance.

Grazing; Animals. In addition to other uses, the Licensed Premises are licensed to Licensee for the purpose of operating a demonstration farm, consistent with the terms of this Agreement. City shall have the right to prohibit or limit grazing if the City Manager determines that the soil moisture content is excessive or if the Licensed Premises is exhibiting signs of overgrazing.

Grazing will be accomplished in accordance with accepted good pasture management practices, good farming practices and animal husbandry. The City Manager shall have sole discretion to limit animal unit loading
Intellectual Property
City agrees that any and all intellectual properties, including, but not limited to, all inventions, designs, improvements, discoveries, developments, formulas, patterns, devices, processes, software programs, technical data, customer and supplier lists, and compilations of information, records, and specifications, and other matters constituting trade secrets as defined under California Civ. Code § 3426.1, that are conceived, developed, or written by Licensee, either individually or jointly in collaboration with others, pursuant to this agreement, shall belong to and be the sole and exclusive property of Licensee.

DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

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Packet Pg. 203 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open

EXHIBIT D
Hazardous Materials
“Hazardous Materials” means any substance, material or waste which is or becomes regulated by any federal, state or local governmental authority, agency or governmental body, and includes without limitation (i) petroleum or oil or gas or any direct or indirect product or by-product thereof; (ii) asbestos and any material containing asbestos; (iii) any substance, material or waste regulated by or listed (directly or by reference) as a “hazardous substance”, “hazardous material”, “hazardous waste”, “toxic waste”, “toxic pollutant”, “toxic substance”, “solid waste” or “pollutant or contaminant” in or pursuant to, or similarly identified as hazardous to human health or the environment in or pursuant to, the Toxic Substances Control Act [15 U.S.C. 2601, et seq.]; the Comprehensive Environmental Response, Compensation and Liability Act [42 U.S.C. Section 9601, et seq.], the Hazardous Materials Transportation Authorization Act [49 U.S.C. Section 5101, et seq.], the Resource Conservation and Recovery Act [42 U.S.C. 6901, et seq.], the Federal Water Pollution Control Act [33 U.S.C. Section 1251], the Clean Air Act [42 U.S.C. Section 7401, et seq.], the California Underground Storage of Hazardous Substances Act [California Health and Safety Code Section 25280, et seq.], the California Hazardous Substances Account Act [California Health and Safety Code Section 25300, et seq.], the California Hazardous Waste Act [California Health and Safety Code Section 25100, et seq.], the California Safe Drinking Water and Toxic Enforcement Act [California Health and Safety Code Section 25249.5, et seq.], and the Porter-Cologne Water Quality Control Act [California Water Code Section 13000, et seq.], as they now exist or are hereafter amended, together with any regulations promulgated thereunder; (iv) any substance, material or waste which is defined as such or regulated by any “Superfund” or “Superlien” law, or any Environmental Law; (v) any material determined to be hazardous based on deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity or toxicity; or (vi) any other substance, material, chemical, waste or pollutant identified as hazardous or toxic and regulated under any other federal, state or local environmental law, including without limitation, asbestos, polychlorinated biphenyls, petroleum, natural gas and synthetic fuel products and by-products. 3871048.1
DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

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Packet Pg. 204 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open Certificate Of Completion
Envelope Id: ADF6694FB3804BE98D7F1604AC9EB771 Status: Completed Subject: Please DocuSign: Farmster License Agreement .pdf Source Envelope:

Document Pages: 42 Signatures: 3 Envelope Originator:

Certificate Pages: 5 Initials: 1 Lauren Berges
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 71.6.94.250
Record Tracking
Status: Original
11/16/2021 9:49:10 AM
Holder: Lauren Berges
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO City of Cotati Location: DocuSign Signer Events Signature Timestamp
Dustin DeMatteo
[email protected]
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Using IP Address: 162.217.72.9
Signed using mobile
Sent: 11/16/2021 9:52:28 AM
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Signed: 11/16/2021 10:50:42 AM
Electronic Record and Signature Disclosure:

Accepted: 11/16/2021 10:49:51 AM
ID: 6957f1f6-ed87-48f4-a463-1cc48d5e41d1
Damien O'Bid
[email protected]
City Manager
City of Cotati
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Using IP Address: 71.6.94.250
Sent: 11/16/2021 10:50:50 AM
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Signed: 11/16/2021 11:24:10 AM
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Not Offered via DocuSign
Lauren Berges
[email protected]
City Clerk
City of Cotati
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Using IP Address: 71.6.94.250
Sent: 11/16/2021 11:24:18 AM
Viewed: 11/16/2021 11:25:11 AM
Signed: 11/16/2021 11:25:13 AM
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Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
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Packet Pg. 205 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/16/2021 9:52:28 AM
Certified Delivered Security Checked 11/16/2021 11:25:11 AM Signing Complete Security Checked 11/16/2021 11:25:13 AM Completed Security Checked 11/16/2021 11:25:13 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

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Packet Pg. 206 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO City of Cotati (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

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If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/26/2021 4:12:16 PM Parties agreed to: Dustin DeMatteo 11.A.f
Packet Pg. 207 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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Packet Pg. 208 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

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Packet Pg. 209 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open

VERONDA-FALLETTI RANCH

COTATI, CA
UPDATED WORKPLAN FOR:

Sonoma County Agricultural Preservation & Open Space District July 1, 2021

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Packet Pg. 210 Attachment: Exhibit G: City Workplan for Falletti Ranch (Urban Agriculture Ordinance) Table of Contents
Executive Summary.................................................................................................................. 1 Work Plan Components............................................................................................................ 1 Background........................................................................................................................... 1 Progress to Date .................................................................................................................... 1 Farm Management ................................................................................................................ 2 Education & Outreach........................................................................................................... 3 Facility & Resource Management ........................................................................................ 4 Required Approvals or Noticing............................................................................................... 4 Schedule for Completion .......................................................................................................... 4 Matching Grant Costs............................................................................................................... 5

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Packet Pg. 211 Attachment: Exhibit G: City Workplan for Falletti Ranch (Urban Agriculture Ordinance) Veronda-Falletti Ranch July 1, 2021
Updated Work Plan Page 1
Executive Summary
This document constitutes an updated Work Plan for achieving the next phase of the City of Cotati’s (City) goals and obligations of the 2008 Falletti Ranch Conservation Easement Grant Deed and Matching Grant Agreement (hereafter, “Easement” and “Agreement,” respectively) between the City and the Sonoma County Agricultural Preservation and Open Space District (District). The Agreement assigns responsibility to the City to develop physical and programming improvements sufficient to provide public recreational, agricultural, educational and event uses on the property. The Plan provides a description of the fundamental components of the park’s programming, a schedule for implementing the programming and current expenditures towards the City’s grant match.

Work Plan Components
The Agreement sets forth implementation responsibilities for both the District and the City. It is the City’s responsibility to develop and operate the property in accord with the intent established by the Agreement. The major use areas established by the Agreement, together with the details of the City’s intent are outlined below.

Background
The Veronda-Falletti Ranch (Ranch) is the center piece of the City’s park system, featuring numerous interactive opportunities and farm-based learning. Funding for improvements and ongoing maintenance in the near term will primarily come from the City’s municipal parks budget. As such, public recreation and education is fundamental to the long-term programming of the property. The overall goal for the property is to create a small-scale demonstration ranch. This demonstration ranch is focused on highlighting and educating the community on sustainable practices and local agriculture.

The Ranch is located in the midst of three residential neighborhoods on a walking route utilized by a number of residents for daily exercise. It is also next to City Hall, with adjacent facilities and services such as community rooms which are used by the public to house a variety of activities, and ball fields which annually host the local Little League.

Progress to Date
In 2018, the City licensed operations of the Ranch to Farmster, which has been the lead on managing the livestock, agriculture and educational programming and events. Recreation components currently include children’s camps and education, community events, and using the walking trails and picnic areas on the perimeter of the property to view animals and general farming activities on the property.

Development of the recreation components will continue to develop as operations mature and new/refurbished facilities are available. The first phase consisted of the development of a

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Packet Pg. 212 Attachment: Exhibit G: City Workplan for Falletti Ranch (Urban Agriculture Ordinance) Veronda-Falletti Ranch July 1, 2021
Updated Work Plan Page 2
perimeter trail and a picnic area, as well as all new perimeter fencing to accommodate animal pasturing. The perimeter trail provides active recreation opportunities and improves public safety by providing space for walkers, parents with strollers and those with mobility impairments to also enjoy the property. The various animals pasturing on the property has created a focal point of interest and pedestrian traffic has increased significantly. At numerous times throughout the day, dog-walkers, fitness walkers and bicyclists stop to watch the sheep and cattle.

The City has also completely refurbished the Ranch house, including new roofing, new internal layout, new modern electrical systems, new heating systems, new plumbing and water heater, new windows, new flooring, new porch, new building insulation, and repaired siding and paint. Additionally, the City also reconstructed the water tower, adding accessible parking on-site, an accessible restroom for the public, hand washing stations for guests, as well as an office space for farm operations. The City expects to be starting a public design process for the barns in FY 21-22, as the barns in their current state are not safe to be used by the public, and do not include the elements needed to achieve the medium- and long-term goals for the property.

The City will continue to develop and expand capacity with our partners to operate a comprehensive schedule of public education opportunities and events. The City currently works with partners that are responsible for:
1) Farm Management; and
2) Education and Outreach; and
3) Facility & Resource Management.

Farm Management
The Ranch's grazing activities focus on modeling sustainable animal and land management practices for small properties (1-7 acres). Ranch animals are a draw for families with young children, giving them the opportunity to interact with animals in a children’s area during planned activities or during open ranch hours. The Ranch will continue to host a variety of animals that are appropriate for the planned activities on the property and are a key element of community engagement.

The Ranch has two primary zones where annual crop production is feasible initially. One zone is located directly to the south of the Ranch house and the other is part of the children’s area to the north of the Ranch house near West Sierra Avenue. As part of a multi-year annual bed production expansion, a larger area in the southwest portion of the property has been identified for annual crop production.

Greenhouses will be a vital element in the plant production systems of the ranch. The construction of two greenhouses is underway. The first is located by the driveway and children's area, near West Sierra Avenue. The second is located to the west of the water tower. Seedlings will be grown for onsite planting in the annual production beds and

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Packet Pg. 213 Attachment: Exhibit G: City Workplan for Falletti Ranch (Urban Agriculture Ordinance) Veronda-Falletti Ranch July 1, 2021
Updated Work Plan Page 3
landscaped areas. The greenhouses have primary functions as nurseries, but also as outdoor classrooms/demonstration space.

In addition, new fruit trees, ornamental planting, and other natives are planned for the property, as well as efficient irrigation systems, rainwater catchment, and photovoltaic solar systems are planned for demonstration and educational purposes.

All described planting areas will be the stage for robust community education programming that allows individuals to directly participate in farming and gardening activities.

Education & Outreach
Kindergarten – 6th Grade
The City’s partners will work to establish partnerships with local schools, serving children in grades pre-K through 6th grade with opportunities for on-site education. The partners will design and execute the curriculum, including integration of Ranch activities into the programs. The Ranch will provide a site for field trips and an inspiration for curriculum development related to farming, ranching, natural resources, and science. The children’s area of the Ranch has been designed specifically for hosting children in a safe environment that will be the primary, but not exclusive, site for these activities. The children’s area will feature a community garden dedicated for educators and families with young children. Opportunities for underserved children with limited access to agricultural sites will be prioritized by provided programming at no cost whenever possible. Additionally, strategic relationships with youth organizations and nonprofits will ensure equitable access to the Ranch for Sonoma County’s children.

The City and its partners have begun implementing camps during the summer and other times of the year. The camps are intended to provide an age-appropriate introduction to the fundamentals of farming and will provide young learners with tools to embark on their own backyard farming journeys as well as provide opportunities for art and science education.

These camps will target children in K through 6th grade in appropriate age cohorts. 7th Grade - College
Local middle, high school and college students will have opportunities to work at the Ranch through programming developed by our partners in conjunction with the City. The focus will be on experiential learning with interns gaining new skills and receiving encouragement and networking opportunities to pursue future careers in Sonoma County’s agricultural community. Interns can attain appropriate levels of responsibility in caring for the animals, setting up mobile fencing, managing the annual bed production, propagating plants in the greenhouses, assisting with community events and tours, and more.

Workshops and Adult Learner Programs
The City and its partners will run workshops and training programs for community members to provide fun and educational experiences on farming, including hosting tours to provide the community with a strong model for how to implement grazing, planting/food production,

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Packet Pg. 214 Attachment: Exhibit G: City Workplan for Falletti Ranch (Urban Agriculture Ordinance) Veronda-Falletti Ranch July 1, 2021
Updated Work Plan Page 4
water management and solar energy production on a small scale. This is intended to provide practical information and a viable model for landowners investigating ways to develop their land in a sustainable manner.

Facility & Resource Management
The City and its partners will utilize the Ranch to host events and gatherings focused around the Ranch, such as recreation programming/events, fundraisers, farm stands, farmer's markets, farm-to-table meals, and other Ranch centered events. The barns and outbuildings are currently not usable for the public, but have the potential to serve as a dynamic multipurpose community hub. Potential uses include, but are not limited to: classrooms, event/meeting space; small performances/group demonstrations and events that highlight local cuisine and responsibly sourced food and beverages or other similar functions.

The Ranch will be open for onsite community access regularly for much of the year. Special programming will be created for the summer months, during which families may visit the Ranch's for special activities that highlight farming activities.

The final piece of the educational component will be elements from the historical society museum that will be displayed and integrated into the Ranch’s educational programming.

City residents are extremely proud of the scope and quality of the museum’s information and exhibit materials, including materials particular to the agricultural history of Cotati and the surrounding area.

Required Approvals or Noticing
In accordance with the Easement requirements, the following approvals or notices are anticipated to be provided to the District under this workplan:
• Approval for the barns, to be submitted prior to construction/reconstruction.

The following approvals have previously been granted by the District:
• Greenhouse for Outdoor Classroom, October 12, 2020
• Livestock Shelter, approved November 30, 2020
• Hoop House for Food Production and Plant Starts, December 14, 2020 Schedule for Completion
With COVID-19 restrictions now largely lifted, on-site programming has re-started for the summer and fall of 2021. It is also expected that a public design process for the barns and outbuildings will begin in 2021 with construction contingent on funding availability. To fully implement this workplan, it is expected that the City Council will be considering a license extension for the operator in August 2021.

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Packet Pg. 215 Attachment: Exhibit G: City Workplan for Falletti Ranch (Urban Agriculture Ordinance) Veronda-Falletti Ranch July 1, 2021
Updated Work Plan Page 5
Table 1 is an updated schedule of completion for all major tasks, as well as the long term (20 years) management of the programs and property maintenance.

Matching Grant Costs
In accordance with the Agreement, the City has a matching grant obligation of $3,650,000 to match the District contribution of $3,135,000 for the purchase of the Ranch. The City has continued to make progress towards meeting this matching requirement, with the current match through June 30, 2021 at $1,198,406.

Summary of Costs to Date (Through June 30, 2021)
Operations & Maintenance $ 95,805
Capital Improvements $ 1,102,601
Total $ 1,198,406

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Packet Pg. 216 Attachment: Exhibit G: City Workplan for Falletti Ranch (Urban Agriculture Ordinance) Veronda-Falletti Ranch July 1, 2021
Updated Work Plan Page 6
Table 1. Schedule of Completion, Major Tasks
Program Components and Tasks Completion
Signage
1 Develop text for site signage Complete
2 Construct and install site signage Complete
Public Outdoor Recreation
3 Design and install picnic area Complete
4 Design and install perimeter trail Complete
Farm Management
5 Establish initial crop production areas & irrigation systems 2021 - June 6 Establish larger crop production areas & irrigation systems 2022 -Mar 7 Install initial greenhouse 2021 - July
8 License Extension to Operate Ranch 2021-August
9 Install second greenhouse 2022 - Mar
10 New fruit trees, ornamental planting and natives 2022-Mar 11 Install rainwater catchment system 2022-Sept
12 Install Initial PV system (Ranch House) 2023-July
Public Outreach and Education
13 Implement K-6th Educational Programming & camps 2021-July 14 Implement 7th - College Educational Programming & Internships 2022-Mar 15 Implement Workshops and Adult Learner Programs 2022-June 16 Implement open public engagement opportunities 2022 - June Facility and Resource Management
17 Ranch House Refurbishment Complete
18 Water Tower Reconstruction & ADA Addition of Restroom Complete 19 Start Public Engagement/Design of Barn Reconstruction 2021 - Sept 20 Reconstruction of Barns TBD
21 Property upkeep and maintenance (see Notes) Ongoing
22 Monthly program meetings Ongoing
23 Monthly maintenance meetings Ongoing
NOTES: Ongoing maintenance will consist of water/power costs, perimeter fencing maintenance and repair, repairs to the on-site structures, and staff time over 20 years.

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Packet Pg. 217 Attachment: Exhibit G: City Workplan for Falletti Ranch (Urban Agriculture Ordinance) Dear City Council members,
My name is Merlin Coleman and I am a resident/owner living on Cypress Avenue here in Cotati.

I write today to urge you to adopt the zoning code update related to Urban Agriculture in Cotati set to be approved on march 22nd. If approved it would allow my farm to finally move ahead to become a vibrant and thriving community support and business here on Cypress Avenue where my family has lived for 3 generations now.

The neighbors who walk by or visit us have been overwhelmingly in support of what we strive to do here, many eager to buy organic veggies and have our thriving farm right in their neighborhood. We are committed to organic sustainable farming and recently received our CCOF certification. It does seem that the City of Cotati would be in favor of this as the City's general plan is in support of such things. Can you please help us to get this urgent issue resolved by voting for these needed changes in support of small scale local agriculture?
Please feel free to contact me if you would like to discuss this further or have any questions for me.

Sincerely,
-Merlin Coleman
(707) 795-4115

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Packet Pg. 218 Attachment: Exhibit H: Public Comment (Urban Agriculture Ordinance) March 16, 2022
To: Cotati City Council
From: Community Alliance with Family Farmers, Sonoma County Chapter Re: Proposed Urban Agriculture Ordinance
We applaud the City of Cotati’s interest in supporting agriculture and promoting local food access within city limits. This work is innovative and much needed. However, we have concerns that the proposed changes don’t go far enough in supporting urban agriculture and may not move fast enough for existing operations–those who are ready to feed our community now–to get this season’s seeds in the ground.

1. Extend "commercial crop production" to all zones. Reason - In addition to farming as a significant occupation and income source, urban agriculture includes very small-scale production that can provide supplemental income to residents while supplying neighbors with fresh, nutritious food, e.g. seniors or teenagers who could set up a card table and umbrella in their front yard to sell their extra produce.
● Comprehensive urban ag ordinances have been successfully implemented in other California communities, such as Sacramento.
● Urban agriculture is consistent with the language in Cotati’s general plan language ● It provides crucial food security and supplemental income to a wide range of people ● Urban agriculture promotes equity and diversity in agriculture by allowing those without access to farmland to get a foothold, especially those of limited means and from underserved communities.
● There are already many small-scale commercial enterprises operating in residential neighborhoods within city limits (i.e. Air BnB, home occupations)

2. CSA sales and on-site farm stands with produce grown on site should be allowed in all zones by right and on all parcel sizes; no permit required. ● Requiring a permit would be prohibitive for many small scale producers. A farm stand can be as simple as a card table and umbrella in the front yard. Anyone should be able to sell the extra food they grow or crops specifically for sale to their neighbors or others.

A minor use permit should be required for farm stands selling produce not grown on site or adjacent property and/or processed foods, as there should be standards to ensure that such produce is actually locally grown or raised and that processed foods are meeting appropriate requirements.
● California Retail Code does not distinguish between produce for sale or donated; it must meet the same standards and requirements. Growing food to donate is currently allowed everywhere.
● Both large and small farms offer CSA sales and on-site farm stands. They should be allowed because these are excellent ways to connect directly with consumers, providing

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Packet Pg. 219 Attachment: Exhibit I: Public Comment (Urban Agriculture Ordinance) ag/food education, maximum freshness and building neighborhood relationships and self reliance.
● Even micro-farms can be highly productive. There are many examples of very small farms with crops such as salad greens, berries, cut flowers and herbs (non-cannabis) bringing substantial income. And very modest income from produce sales could be an important supplement to some.
● Traffic may be reduced with multiple neighborhood farm stands as people can walk to get produce rather than driving to the store.
● Farm stand and CSA hours of operation should go to 7:00 pm seven days per week to accommodate those–both farmers and those purchasing food–who have regular jobs, school or other limitations.

3. Hours for machinery and mechanical equipment operation should be extended to 7:00 pm including weekends and holidays (or to the zone’s existing noise regulations). The majority of farmers nation-wide have outside employment and many do much of their work on weekends. In spring and summer when days are long, late afternoons and early evenings are critical times for such work.
● Farm machinery such as tractors are no louder than weed-whackers, dirt bikes, chain saws, leaf blowers and other residential machinery uses which are not regulated.

4. Increase the number of hens allowed to 20 per acre. The proposed number is too small for a viable operation and larger numbers can easily be managed with humane and environmentally-sound practices.

5. Community Gardens should be supported in all zones. Management of community gardens in city parks can be specified through a Request for Proposals process where requirements for the managing organization are outlined.

Thank you for your support of urban agriculture and for helping to make Cotati a healthier, more sustainable and more vibrant place to live.

Wendy Krupnick
Vice president, CAFF Sonoma County

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Packet Pg. 220 Attachment: Exhibit I: Public Comment (Urban Agriculture Ordinance) ORDINANCE NO.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF COTATI ADOPTING AMENDMENTS TO TITLE 17 (LAND USE) OF THE COTATI MUNICIPAL CODE TO SUPPORT URBAN AGRICULTURE BY AMENDING TITLE 17 LAND USE BY AMENDING SECTIONS 17.22.020 ALLOWABLE LAND USES; 17.36.050 PARKING AND LOADING, NUMBER OF PARKING SPACES; 17.42.040 ANIMAL KEEPING;

17.42.130 OUTDOOR DISPLAYS AND SALES; 17.42.160 RESIDENTIAL ACCESSORY USES AND STRUCTURES; AND 17.90.020 DEFINITIONS; ADDING SECTIONS

17.42.062 COMMUNITY GARDENS AND 17.42.067 CROP PRODUCTION, HORTICULTURE, ORCHARD, VINEYARD; AND CHANGING THE ZONING OF 175 W. SIERRA AVENUE (“THE VERONDA-FALLETTI RANCH PROPERTY”) FROM

NEIGHBORHOOD, LOW DENSITY (NL), TO OPEN SPACE, RECREATION (OSR) WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, on March 24, 2015, the City Council adopted the General Plan, which includes several goals related to local food production, access to healthy food, and small-scale urban agriculture; and
WHEREAS, adoption of changes to the Cotati Land Use Code are necessary to implement the General Plan with regard to these goals; and WHEREAS, in Fall 2021, the City Council directed staff to prepare draft amendments to the Land Use Code regarding urban agriculture; and
WHEREAS, City staff has researched available information regarding facilitation of urban agriculture and local food production and the related goals contained in the General Plan, and prepared draft amendments to the Cotati Land Use Code to facilitate urban agriculture in the city; and
WHEREAS, one of the purposes of Title 17 of the City’s Municipal Code is to ensure that the General Plan may be implemented; and
WHEREAS, one of the purposes of the City’s Municipal Code is to codify which land uses are allowed and set the standards for said land uses in order to preserve the quality of life in Cotati; and
WHEREAS, based on the record, the City Council finds that the proposed zoning code amendments are consistent with and facilitate the implementation of the General Plan.

WHEREAS, on March 7, 2022, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed amendments to Title 17 of the Cotati Municipal Code. After reviewing and providing some direction to staff, the Commission voted to approve Resolution No. PC 2022 – 2 recommending adoption of an Ordinance to amend the Code to promote urban agriculture to the City Council.

WHEREAS, on March 22, 2022, the City Council of the City of Cotati held a duly noticed public hearing, received the staff report and reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the item prior to taking its action on the item.

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NOW THEREFORE THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:

SECTION 1: Recitals.

The above recitals are true and correct and are incorporated into the findings herein.

SECTION 2: Record
The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the 2015 General Plan, 2) the FEIR certified for the 2015 General Plan, and 3), all staff reports, City files and records and other documents prepared for and/or submitted to the City Council related to adoption of a Zoning Code amendment promoting urban agriculture.

SECTION 3: General Plan Consistency
The Council of the City of Cotati does hereby find that the proposed ordinance to amend the Land Use Code to facilitate urban agriculture is in the best interest of the City because it furthers established goals, policies, and implementation programs of the General Plan to promote local food production, access to healthy food, and urban agriculture.

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

GOAL CHW 3: Ensure All Residents Have Convenient Access to Healthy and Nutritional Food Options.

Objective CHW 3A: Increase the Availability and Variety of Healthy Food Options Policy CHW 3.1: Promote the availability of fresh fruits and vegetables and healthy foods and support a wide range of healthy food sources.

Policy CHW 3.2: Encourage sustainable local food systems including farmer’s markets, community gardens, edible school yards, community supported agriculture, neighborhood garden exchanges, urban agriculture, federal food assistance programs, and healthy food retailers.

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

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Action CHW-3d: Work with appropriate local agencies, service providers, non-profits, community groups and regulatory agencies to explore the potential for creating, expanding and sustaining local urban agriculture, including community gardens, and orchards. The work effort should explore the feasibility of implementing the following strategies:
• Promoting urban agriculture as a desirable civic activity that improves the quality of urban life, food security, neighborhood safety and environmental stewardship; • Supporting the development of appropriate agriculture in residential, industrial, business, and open space zones;
• Support farm to institution (such as schools, hospitals, nursing homes, daycare centers) and businesses (such as restaurants and food outlets), while creating economic opportunities for urban growers and related industries; • Support efforts of local gardening organizations to promote the development and expansion of family and community gardens as well as edible landscaping; • Encourage and promote local garden food exchanges and local food cooperatives; and • Work with representatives of local farming organizations to meet needs unique to urban farm enterprises.

GOAL CON4: Protect and Preserve Cotati’s Historic and Cultural Resources Objective CON 4B: Protect Important Historic Resources and Use these Resources to Promote a Sense of Place and History in Cotati.

Policy CON 4.6: Encourage historic resources to remain in their original use whenever possible.

The adaptive use of historic resources is preferred, particularly as museums, educational facilities, or visitor-serving uses, when the original use can no longer be sustained. Older residences may be converted to office/retail use in commercial areas and to tourist or business use, so long at their historical authenticity is maintained or enhanced.

Objective EV 1A: Diversify the Local Economy.

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

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

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

Policy LU 3.14: Provide new opportunities for community gathering and social interaction through park facilities, community centers, cultural/art facilities.

Policy OS 1.3: Protect rural (Agricultural and Rural Residential) and natural open space lands from urbanization.

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SECTION 4: Compliance with the California Environmental Quality Act.

The Council of the City of Cotati does hereby find that the proposed ordinance to amend the Land Use Code to promote urban agriculture, is consistent with the program Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update that was certified on March 24, 2015 (Resolution Number 2015-11), and pursuant to Section 15168 of the CEQA Guidelines, as such no further environmental review is required.

SECTION 5: Amendment to the Cotati Municipal Code. Section 17.22.020 Allowable Land Uses is amended, as follows:

Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Agricultural and Open Space Uses
Agricultural accessory structure MUP MUP P P – – – 17.42.020 Animal keeping S S S S S S S 17.42.040
Crop production, horticulture, orchard,
vineyard
P P P P – – – 17.42.067
Plant nursery – MUP UP – – – –
Winery, small scale – – UP(2) – – – –
Industry, Manufacturing and Processing,
Wholesaling
Artisan/craft product manufacturing – MUP UP(3) – – – – Recreation, Education and Public Assembly Uses
Community garden P P P P P P P 17.42.062
Packet Pg. 224
Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Equestrian facility – UP UP – – – –
Meeting facility, public or private – MUP – – UP UP UP
Park UP P P P P P P
Playground – P P P P P P
Private residential recreation facility – – – UP UP UP UP School – Elementary, middle, secondary – – – UP UP UP – Residential Uses
Accessory dwelling unit – – P P P P P 17.42.170
Caretaker quarters MUP MUP – – – – –
Cottage housing – – – – S S S 17.42.125
Home occupation – – P P P P P 17.42.080
Junior accessory dwelling unit – – P P P – – 17.42.170
Mobilehome park – – UP UP UP UP UP 17.42.110
Mobile/manufactured home – – P P P P P 17.42.110
Multifamily housing, 2 units – – – – UP P P 17.42.120
Multifamily housing, 3 or 4 units – – – – – UP P 17.42.120 Multifamily housing, 5 to 9 units – – – – – UP UP 17.42.120 Multifamily housing, 10 or more units – – – – – – UP 17.42.120 Multifamily housing, up to 100 units with – – – – – – P 17.42.120 Packet Pg. 225
Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
25% affordable
Organizational house (sorority,
monastery, etc.)
– – – – – – UP
Residential accessory use or structure – – P P P P P 17.42.160 Residential care facility for the elderly
(RCFE)
– – UP UP UP UP UP
Residential care, 11 or more clients – – UP UP UP UP UP Residential care, 6 or fewer clients, in a
single-family dwelling
– – P P P P P
Residential care, 7 to 10 clients – – UP UP UP UP UP
Residential component of a mixed use
project
– – – – UP UP UP 17.42.100
Rooming or boarding house – – – – – – UP
Single-family dwelling – – P P P UP(4) UP(4)
Retail Trade
Accessory retail and services – – – – UP UP UP
Convenience store, 1,200 sq. ft. or less – – – – UP UP UP Farmers market – MUP – – – – –
Produce stand MUP MUP MUP MUP – – – 17.42.130
Services – Business and Professional
Packet Pg. 226
Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Medical services – Extended care – – – – – UP UP
Office – Accessory – P P P P P P
Services
Adult day care – 6 or fewer clients – – P P P P P
Adult day care – 7 to 14 clients – – UP UP UP UP UP
Adult day care – 15 or more clients – – UP UP UP UP UP
Child day care – Small family day care
home
– – P P P P P
Child day care – Large family day care
home
– – P P P – – 17.42.060
Child day care – Day care center – MUP – – – UP UP 17.42.060 Kennel, animal boarding – – UP – – – –
Lodging – Bed and breakfast inn (B&B) – – UP UP – – – 17.42.050 Packet Pg. 227
Table 2-3
Allowed Land Uses and Permit Requirements for Mixed Use Corridors and Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Land Use(1)
Permit Required by District
CE CG CD CI IG PF Specific Use
Regulations
Industry, Manufacturing and Processing, Wholesaling
Agricultural product processing – – – P P –
Artisan/craft product manufacturing MUP MUP MUP P P – See Note 5 Below
Brewery – Brew pub MUP MUP MUP – – –
Brewery – Production – – – UP UP –
Construction contractor – – – – UP –
Food and beverage product manufacturing – – – – MUP MUP Furniture and fixtures manufacturing,
cabinet shop
– – – P P –
Industrial research and development – MUP – P MUP –
Laboratory – Medical, analytical, research
and development
P P – P MUP –
Laundry, dry cleaning plant – – – – UP –
Manufacturing/processing – Light – – – MUP P –
Manufacturing/processing – Medium
intensity
– – – MUP MUP –
Manufacturing/processing – Heavy – – – – UP –
Media production P P – P P –
Printing and publishing UP UP – P P –
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Table 2-3
Allowed Land Uses and Permit Requirements for Mixed Use Corridors and Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Land Use(1)
Permit Required by District
CE CG CD CI IG PF Specific Use
Regulations
Recycling – Reverse vending machine MUP MUP – – – –
Recycling – Small collection facility UP UP – UP P – 17.42.150 Recycling – Medium collection facility – – – UP UP – 17.42.150 Storage – Outdoor – – – UP UP – 17.42.140
Storage – Personal storage facility (ministorage)– – – – – – Storage – Warehouse, indoor storage – – – UP – –
Wholesaling and distribution – – – UP UP –
Winery – Boutique – UP – MUP MUP –
Winery – Production – – – MUP MUP –
Recreation, Education and Public Assembly Uses
Adult-oriented business – – – – S – 17.40
Commercial recreation facility – Indoor –
5,000 sq. ft. or less
UP P – P – –
Commercial recreation facility – Indoor –
More than 5,000 sq. ft.

UP MUP – UP – –
Commercial recreation facility – Outdoor – – – UP – –
Community Garden P P P P P P 17.42.062
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Table 2-4
Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
LAND USE(1) PERMIT REQUIRED BY DISTRICT Specific Use
HC LP NG CA Regulations

RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Commercial recreation facility – Indoor MUP – MUP MUP
Community Garden P P P P 17.42.062
Conference/convention facility – – UP(2) UP
Health/fitness facility UP(2) – P P
Library, museum P – P P
Meeting facility, public or private – UP UP(2) UP
Park, Playground P P P P
School – Specialized education/training UP – UP UP
Studio – Art, dance, martial arts, music, etc. P P P P
Theater (cinemas or performing arts) MUP – P P

RESIDENTIAL USES
Accessory dwelling unit P P P P 17.42.170
Emergency/transitional shelter S S S S 17.42.072
Home occupation P P P P 17.42.080
Live/work unit P P P P 17.42.090
Residential component of a mixed use project P P P P 17.42.100 Residential care facility for the elderly (RCFE) – UP UP UP Packet Pg. 230
SECTION 6: Amendment to the Cotati Municipal Code. Section 17.36.050 Parking and Loading, Number of parking spaces required is amended, as follows:

Table 3-7
Parking Requirements by Land Use
Land Use
Type: Vehicle Spaces Required
Produce
stands
or other
outdoor
vendors
3 spaces minimum or 1 space for each 250 sq. ft., whichever results in a greater number of spaces. The spaces shall be located at least 20 feet off the public right-ofway 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.

SECTION 7: Amendment to the Cotati Municipal Code. Section 17.42.040 Animal Keeping is amended, as follows:

17.42.040 Animal Keeping.

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

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

B. Allowable Animal-Keeping Activities and Permit Requirements.

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

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

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

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

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

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

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

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

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

Chickens 20 per site or 12 per
acre, whichever is
greater
No minimum
lot size
12 ft. 20 ft.

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

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

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

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

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

Packet Pg. 233
Table 4-2
Animal-Keeping Standards
Type of Animal or Facility Maximum Number
of Animals per Site(1)
Minimum Lot
Area(2)
Minimum Setbacks(3)
From Side/Rear
Property Lines
From Streets
and Dwellings
Other small animals –
Chinchillas, rabbits,
nonpoisonous reptiles,
rodents, and other
nonpoisonous animals of
similar size.
4 animals total on a
site less than 1 acre;
4 of each species on
a site of 1 acre or
more, where
allowed by Table 4-

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

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

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

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

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

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

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

Each site shall be maintained in a neat and sanitary manner.

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

Packet Pg. 234

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

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

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

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

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

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

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

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

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

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

Packet Pg. 235

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

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

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

1. Commercial Use Prohibited. Except in the RR, RVL, OSR, and OSC zones (where commercial chicken keeping is permissible), the keeping of chickens shall be solely as a non-commercial accessory use to a residential use.

2. Location in Multifamily and Commercial Zoning Districts. Enclosures, coops, cages, and shelters shall generally be located internally on a residential site, and shall not abut a commercially zoned property.

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

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

5. Private Common Area Signoff. Where chickens are proposed to be located in a private common area, the private governing organization (e.g., the homeowner’s association) shall provide written consent. (Ord. 823 § 2(C) Exh. C (part), 2009; Ord. 766 § 2 Exh. A (part), 2004) SECTION 8: Amendment to the Cotati Municipal Code. Section 17.42.062 Community Gardens is added, as follows:

17.42.062 Community Gardens.

This section establishes standards for the operation of community gardens, where allowed by Chapter 17.22, Allowable Land Uses. The intent of these provisions is to ensure the compatibility between community gardens and other nearby uses.

A. At no time shall any community garden activity create nuisances with regard to vectors, odor, dust, or noise.

B. The hours of machinery and mechanical equipment operation are limited to 7am-7pm weekdays and 9am-5pm weekends/holidays.

C. A community garden is allowed to operate a seasonal on-site produce stand and/or community supported agriculture element, with sales of seasonal, raw, unprocessed fruits, vegetables, nuts, eggs, or other produce grown on-site, for charitable, nonprofit Packet Pg. 236
community benefit purposes only. The hours of produce stand or community supported agriculture activity are limited to 9am-7pm.

SECTION 9: Amendment to the Cotati Municipal Code. Section 17.42.067 Crop Production, horticulture, orchard, vineyard is added, as follows:

17.42.067 Crop Production, horticulture, orchard, vineyard This section establishes standards for development and operation of any activities related to the Crop Production, Horticulture, Orchard, Vineyard land use, where allowed by Chapter 17.22, Allowable Land Uses. The intent of these provisions is to ensure the compatibility between these activities and nearby residential uses.

A. Hours of activity.

1. Hours of machinery and mechanical equipment operation are limited to 7am-7pm weekdays and 9am-5pm weekends/holidays.

2. Hours of business-related traffic are limited to 7am-7pm weekdays and 7am-6pm weekends/holidays.

3. Hours of vehicular loading and departure are limited to 5am-8pm weekdays and 6am6pm weekends.

B. Setbacks. The area used for crop production must meet the following setbacks in all zoning districts: Front - 25’; side interior - 10’; side street - 20’; rear - 20’.

SECTION 10: Amendment to the Cotati Municipal Code. Section 17.42.130 Outdoor displays and sales is amended, as follows:

SECTION 17.42.130 F2:

F. Produce Stands.

1. A produce stand shall not exceed a total floor area of four hundred square feet.

2. In the Rural Residential (RR), Residential Very Low (RVL), and Open Space, Conservation (OSC) zoning districts, incidental items for sale that are not produced at an on-site or adjacent agricultural operation, such as bottled water or packaged snacks, shall not exceed 10% of sales area or gross sales receipts, whichever is less. In the Open Space, Recreation (OSR) zoning district, this limitation is not applicable.

SECTION 11: Amendment to the Cotati Municipal Code. Section 17.42.160 Residential accessory uses and structures is amended, as follows:

17.42.160 E1b:

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E. Detached Structures. An accessory structure that is detached from the primary structure shall comply with the following standards, except where subsection F of this section establishes a different requirement for a specific type of accessory structure:

1. Setbacks.
a. Front Setback. An accessory structure shall not be located within a required front setback.
b. Side and Rear Setbacks. An accessory structure with a height of twelve feet or less shall maintain side and rear setbacks of at least five feet.

17.42.160 F3:

3. Greenhouses. An accessory greenhouse may occupy up to four hundred square feet for each dwelling unit in the RR, RVL, NL, NM, and NU zoning districts; or one thousand square feet or five percent of the parcel area, whichever is smaller, in the RR and RVL zoning districts, if the greenhouse is accessory to the operation of an active agricultural operation as allowed by the Crop Production, Horticulture, Orchard, Vineyard land use designation.

SECTION 12: Amendment to the Cotati Municipal Code. Section 17.90.020 Definitions of specialized terms and phrases is amended, as shown in the added definitions, in alphabetical order, as follows:
“Agricultural accessory structure” means a structure for sheltering animals, or agricultural equipment, hay, feed, etc. Examples of these structures include barns, greenhouses and hoophouses, coops, corrals, and pens. Use of such structures for cannabis production is prohibited. Does not include pasture fencing, which requires no city approval when in compliance with Section 17.30.030 (Fences, walls, and screening) of this title. “Community garden” means a site used for growing plants for food, fiber, herbs, flowers, and others, which is shared and maintained by community residents and/or a nonprofit, educational, governmental, or other charitable organization. A community garden is allowed to operate a seasonal on-site produce stand and/or community supported agriculture element, with sales of seasonal, raw, unprocessed fruits, vegetables, nuts, eggs, or other produce grown on-site, for charitable, nonprofit community benefit purposes only.
“Crop production, horticulture, orchard, vineyard” means commercial agricultural production field and orchard uses, including the production of the following, primarily in the soil on the site and not in containers, other than for initial propagation prior to planting in the soil on the site:
field crops, flowers and seeds, fruits, grains, melons, ornamental crops, tree nuts, trees and sod, vegetables, and wine and table grapes. Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing, and other accessory activities related to commercial agricultural Packet Pg. 238
operations including plant propagation, community supported agriculture, and membership sales, but not including sales sheds, which are instead defined under “Produce stand.” Does not include greenhouses which are instead defined under “Plant nursery,” “Residential accessory use or structure,” and “Agricultural accessory structure,” or containerized crop production, which is instead defined under “Plant nursery.” Does not include noncommercial home gardening, which is allowed as an accessory use in all zoning districts without city approval. “Produce stand” means a business that is accessory to an on-site or adjacent agricultural operation, selling seasonal, raw, unprocessed fruits, vegetables, nuts, eggs, and other produce in its raw or natural state, as well as products made from ingredients grown or produced at an onsite or adjacent agricultural operation. In the Open Space, Recreation (OSR) zoning district, a produce stand may sell products made elsewhere.

SECTION 13: Amendment to the Zoning Map. The property located at 175 W. Sierra Avenue (“Veronda-Faletti Ranch”) is hereby re-zoned to Open Space, Recreation (OSR).

SECTION 14: Construction and severability.

It is the intent of the City Council of the City of Cotati to supplement applicable state and federal law and not to duplicate or contradict such law, and this ordinance shall be construed consistently with that intent. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Cotati hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 15: Effective date.

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

SECTION 16: Publication. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

Approved:________________________________
Mayor
Attest:____________________________
Lauren Berges, City Clerk
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Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Lauren Berges, City Clerk
Approved:________________________________
Mayor
Attest:____________________________
Lauren Berges, City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Lauren Berges, City Clerk
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: 2021 Housing Annual Production Report (APR) and Informational Update Date: March 22, 2022
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended that City Council consider the 2021 Annual Production Report (APR) and accompanying staff report, direct staff to submit it to the State Department of Housing and Community Development (HCD), and file the information for consideration on future policy and development proposals.

Background
All cities and counties in California are required to have a General Plan and among the required elements of a General Plan is the “Housing Element”. A Housing Element provides an analysis of a community's housing needs for all income levels and identifies strategies to respond to and provide for those housing needs. In 1980, the State began requiring scheduled Housing Element updates and (pursuant to Government Code Section 65400) General Law Cities are required to submit an annual report on Housing Element progress (Progress Report) to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD), outlining the progress made towards implementing the City’s Housing Element.

Specifically, the Progress Report is required to detail local efforts to remove governmental constraints to the maintenance, improvement, and development of housing. The Progress Report must also detail the actions taken by the local government towards completion of the programs and status of the local government’s compliance with any deadlines in its Housing Element. The Annual Progress Report is to be considered at a public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments. This report is being presented to the City Council on March 22, 2022, and will be submitted to the HCD ahead of the April 1, 2022, deadline.

California Department of Housing and Community Development

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The California Department of Housing and Community Development (HCD) reviews every local government’s housing element to determine whether it complies with state law and then submits written findings back to each local government. HCD’s approval is required before a local government can adopt its Housing Element. Jurisdictions must update their housing elements every four years or every eight years, with most using the eight-year schedule (the four-year cycle is a penalty process reserved for egregious jurisdictions). Like most cities, the City of Cotati is on an eight-year cycle, with the current “5th Cycle” being from 2014-2022.

These housing cycles have historically partially aligned with the schedule that the local council of governments/metropolitan planning organization (or COGs/MPOs) use to update their Regional Transportation Plans (which are updated every four years). Additionally, the Regional Transportation Plans are now mandated to align with housing plans in Regional Sustainable Communities Strategies. In the Bay Area, the COG is commonly known as the Association of Bay Area Governments (ABAG) and the MPO is known as the Metropolitan Transportation Commission (MTC).

Calculating the Housing Need in Each Region
HCD is responsible for determining the regional housing needs assessment (RHNA), segmented by income levels, for each COG. HCD starts with demographic population information from the Census and California Department of Finance and uses a formula to calculate a figure for each region/COG. Each COG uses its own demographic figures and growth projections to calculate what it believes the regional housing need is. Each COG then coordinates with HCD — taking into account factors not captured in the calculations — to arrive at a final figure. This final figure is the regional housing needs assessment (RHNA) for the region. Cotati’s 6th Cycle RHNA is 234 units.

Regional Housing Needs Assessment Allocation
Once HCD and the COG have agreed to the region’s assessment figure (the amount of housing that must be planned for), the COG is responsible for allocating the housing need amongst all of the jurisdictions (cities/counties) within that region. The COG does this in a Regional Housing Need Allocation Plan (RHNA Plan) created with input from a Housing Methodology Committee (HMC), made of elected and staff representatives from individual communities, and based on individual input and statutory requirements. This methodology is then used to allocate individual communities their “share” of the RHNA. In a COG as diverse as the San Francisco Bay Area, this can be challenging to meet all of the various needs and individual characteristics of each jurisdiction within the COG (for example Cotati is very different from Oakland, but both communities are under the ABAG/MTC COG). Both the methodology and individual RHNA allocations are ultimately approved by HCD before they are formally approved for each community within the COG.

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Changes under AB 879
Until 2018, all California cities (and Counties) submitted annual housing production reports to HCD annually, no later than April 1 (CRC Title 25, Section 6202). The intent of the housing report is to report on the jurisdiction’s status and progress implementing its housing element and RHNA. In 2018, a change went into effect (AB 879, Greyson) which modified the reporting requirements (and moved the applicable reporting requirements to Government Code Section 65400).

New Reporting Requirements:
• The annual Progress Report must additionally include the number of housing development applications received in the prior year, units included in all development applications in the prior year, units approved and disapproved in the prior year, and a listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on specified sites.

New or amended Housing Elements Requirements:
• Include an analysis of governmental constraints (including any locally adopted ordinances) that directly impact the cost and supply of residential development. • Include an analysis of nongovernmental constraints to also include the requests to develop housing at densities below those anticipated in a specified analysis. Also include the length of time between receiving approval for a housing development and the submittal of building permits for that housing development. • Require the analysis of nongovernmental constraints to demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. • Require the program to also address and remove nongovernmental constraints to the maintenance, improvement, and development of housing.

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Finally, HCD was also mandated to evaluate the reasonableness of local fees charged to new developments, as defined. This study is required to include findings and recommendations regarding potential amendments to the Mitigation Fee Act to substantially reduce fees for residential development. The results of this study could affect how communities throughout the State structure their development fees. No direction on fee changes has been received to-date.

Analysis/Discussion
As identified, the current eight year “RHNA” cycle runs from 2014 to 2022, and the process to update the next cycle housing element us currently underway. The number of housing units constructed during this timeframe provide one metric for how HCD assesses a jurisdiction’s progress toward meeting the assigned RHNA numbers for that cycle. The Annual Production Report (attached) provides the basis for this assessment. This is also the basis by which HCD may exercise its’ new authority to refer jurisdictions to the State Attorney General for enforcement due to lack of progress in housing production.

The attached APR is a template report required by HCD to demonstrate progress on the current housing element. As such, it includes both accounting metrics on the number of homes approved and constructed within the City. However, the report also includes a progress summary for each of the programs in the current housing element. Staff directs the Council to Table C and Table D for more information on each of these topics. Below is a summary of the housing units constructed as of December 31, 2021, and identifies that the City has permitted adequate units to meet all of its’ RHNA allocation for the current cycle (ending December 2022), with the exception of the Very-Low Income allocation.

Income Level RHNA Allocation Total Units to Date
(all years)
Total Remaining
RHNA by Income
Level
Very Low 35 11 24
Low 18 19 0
Moderate 18 24 0
Above Moderate
“Market”
66 82 0
TOTALS 137 136 24

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City Affordable Housing Requirements
In accordance with Chapter 17.31 of the Cotati Municipal Code, all housing developments of 10 or more units must deed restrict 15% of their housing units as designated affordable housing.

Developments of 9 or fewer units may pay a “Housing in-lieu” fee. Generally, affordable housing must be built providing a minimum of 30% Very Low, 30% Low with the remaining units at Moderate; alternatively the percentages of unit types are based on the City’s remaining RHNA allocations by income level. Affordable housing must be similar to the market rate units within the development, and must be distributed throughout the project, unless a housing plan has been approved by the City Council allowing the affordable units to be built elsewhere in the City. All affordable units are typically restricted for a period between 30-55 years.

Entitled Projects and Projects under Review
As identified, the City is seven-years into the current eight-year RHNA cycle and has constructed nearly all of its RHNA allocation (exceeding the RHNA for most income categories). The information summarized below identifies additional projects in the City’s development review pipeline that would contribute to the Cotati 6th Cycle RHNA, if approved and constructed.

Cotati Village-New Project
An updated Cotati Village project application has been filed proposing a mixed-use project with 170 apartment homes combined with retail spaces at the corner of Alder Avenue and Hwy 116, under the allowances of SB 330. The specific affordability mix of the project has not been determined but will provide a minimum of 15-percent of the units as deed restricted affordable housing. The developer has indicated the previously approved project (43 single family homes and three commercial buildings) is not profitable and that they do not intend to construct it. The relatively low number of homes and the cost of required improvements (primarily related to the widening of Highway 116), combined with the uncertainty in the commercial real estate market, all contributed to this perspective.

Cotati Station
Another developer has engaged on this project and has proposed a new Cotati Station project which would reconfigure some of the units in the approved design, making many of the 3- bedroom units into 1- and 2-bedroom units, thereby increasing the total unit count to 98. The revised project also proposes additional affordable housing units to be included with the increased unit count. Construction of a public park adjacent to the train depot, City owned parking lot and widening of Santero Way all remain elements of the newly proposed project.

This project is anticipated to be present to the Planning Commission for review and action in April 2022 and a Notice of Application was sent to the neighboring residents to inform them of

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the proposed changes.

As currently entitled, Cotati Station is a market rate multi-family project totaling 74 units, approximately 20 of which would be deed restricted below market rates (BMR). Since approval, the project owner has sought numerous avenues to finance the project including development of the project as 100% affordable in an effort to gain additional financing sources. Unfortunately, even with a $750,000 commitment from the City Council to off-set the project construction costs, these financing efforts to construct the approved project have not been successful. 2020 Legislative Update Summary
Below staff has provided a summary of some of the most consequential development related legislation passed since 2020. This is a partial list and only touches on the volume of Housing legislation affecting the City’s housing regulations. Further, staff has attached a summary of the 2021 housing bills passed by the State legislature, providing further requirements and mandates to the local review process for housing development. To summarize, the trends of this recent legislation continue to move housing development toward a “by-right” and CEQA exempt process, which is often not public or discretionary. This has generally been accommodated by limiting the ability of local decision makers to influence the design and size of certain housing projects to “objective” standards, put in place well before individual projects are submitted for review. This summary is brief and incomplete but is intended to provide a contemporary perspective on the recent laws affecting the development review process and the policy direction to be recommended by staff in the coming months and years, including affecting the pending 6th Cycle Housing Element Update.

AB 2345 (Gonzalez)-Density Bonus Changes
AB 2345 amends Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). A ‘qualifying’ project must set aside at least fifteen percent (15%) of total units for very low income households, twenty-four percent (24%) of total units for low income households, or forty-four percent (44%) of for-sale units for moderate income households. Levels of bonus density between thirty-five percent (35%) and fifty percent (50%) are granted on a sliding scale.

Further, these amendments provide that, upon a developer’s request, a locality must utilize statemandated amended parking ratios (inclusive of handicapped and guest parking) which decrease the parking required for two and three bedroom units for qualifying projects, as shown in the table below.

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Maximum Parking Requirements
Rooms Number of spaces required
Studio / 1 bedroom 1 space
2 bedroom / 3 bedroom 2 spaces → 1.5 spaces
4 bedroom 2.5 spaces
AB 725 (Wicks) Missing Middle Housing
AB 725 is intended to address the current “housing crisis”, by requiring that many jurisdictions across the state plan for moderate-density housing (e.g., duplexes, fourplexes, garden apartments, townhomes, etc.) through their general plan housing elements. AB 725 requires that qualifying jurisdictions allocate at least 25% of their Regional Housing Needs Allocation (RHNA) for moderate and above-moderate income units to housing sites zoned for at least four units, with moderate income sites being capped at a density of 100 units per acre. These sites must be identified in the Housing Element inventory of land suitable for residential development.

Accessory dwelling units or junior accessory dwelling units do not count towards the 25% requirement. AB 725 only applies to housing elements due after January 1, 2022.

SB330 (Skinner) “Housing Crisis Act” & New GC Section 66300 Development Process Changes SB 330 makes numerous changes to the Permit Streamlining Act and the Housing Accountability Act (many of which expire Jan. 1, 2025) and establishes the Housing Crisis Act. Under the new rules, cities and counties will be limited in the ordinances and policies that can be applied to housing developments. “Housing development” is now defined to include residential projects, mixed-use projects with 2/3 of the square footage dedicated to residential units and transitional or supportive housing projects. With limited exceptions, housing developments will only be subject to those ordinances and policies in effect when a newly created “preliminary” application is submitted. To facilitate the preliminary application process, all public agencies must compile a checklist that specifies what is required to complete a development application. The application checklist must now be made available in writing and on the public agency’s website.

The Housing Accountability Act was amended to prohibit more than 5 hearings when reviewing a project that complies with the general plan and zoning code objective standards in place when the application was deemed complete. “Hearing” is broadly defined to include any workshop or meeting of a board, commission, council, department or subcommittee. Additionally, a housing development cannot be required to rezone the property if it is consistent with the objective

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general plan standards for the property. The public agency may require the housing development to comply with adopted objective zoning code standards applicable to the property, but only to the extent they facilitate the development at the density allowed by the general plan.

SB 330 also shortens the timeframes for housing development approval under the Permit Streamlining Act. Local agencies now have 90 days (instead of 120 days), following certification of the environmental impact report to approve a project. For low-income projects seeking tax credits or other public funding, that time frame is further shortened to 60 days.

SB 9 (Atkins) Ministerial Lot Splits of Single Family Parcels SB 9 also allows for ministerial approval of qualifying lot splits of existing single-family properties. Qualifying generally means in an urbanized area, surrounding be development and that does not disrupt existing tenants. A proposed SB9 subdivision must ensure each new parcel be a minimum of forty (40%) percent of the original parcel size and be at least one thousand two hundred (1,200) square feet. The new parcels are limited to residential uses, and each new lot is limited to two units (single family home + ADU). A local agency may impose objective zoning standards, subdivision standards, and design standards unless they would preclude either of the two units from being at least 800 square feet in floor area.

SB 10 (Wiener) Upzone In-Fill Parcels in Transit Areas (Optional) SB 10 creates a voluntary process for local governments to pass ordinances prior to January 1, 2029, to zone any parcel for up to ten (10) residential units if located in transit rich areas and urban infill sites. Adopting a local ordinance or a resolution to amend a general plan consistent with such an ordinance would be exempt from review under the California Environmental Quality Act (“CEQA”). This provides cities, an increased ability to upzone property for housing without CEQA review. However, if the new housing authorized by the upzoning would require a discretionary approval to actually build the housing (for example, a subdivision map or design review), CEQA review is required for those subsequent approvals. Moreover, in contrast to SB 9, each individual city or county must affirmatively pass an ordinance authorizing the up zoning.

Financial Considerations
The City maintains an Affordable Housing Trust Fund intended to support development of affordable housing within Cotati. Affordable housing in-lieu payments are remitted to this account for residential development projects which are allowed to pay in-lieu fees (generally those which are less than 10-units in size) and commercial projects paying the linkage fee. The current balance of this trust fund is approximately $3,100,000; however, the account has an outstanding loan to the sewer fund for approximately $1,000,000 and the city Council has supported a $250,000 request from Burbank Housing to facilitate their acquisition and

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renovation of the Windwood Apartments on E. Cotati Avenue. The Fiscal Year 21/22 budget will reflect these commitments (as appropriate) when presented. Staff anticipates requests to utilize a majority of the remaining funding to support projects striving to meet the City’s 6th Cycle RHNA allotment.

Separately, the City has been approved for an SB2 grant of $160,000 and has been utilizing these funds to off-set the cost of responding to housing related State mandates, some of which are mentioned above. This grant was previously utilized for policy projects such as the Accessory Dwelling Unit, Cottage Housing ordinance and creation of the Objective Design Guidelines.

Staff anticipates this grant to be fully expended by the June 2022 deadline. Separately, the City has received an additional $60,000 grant under Local Early Action Planning (LEAP) program and $20,000 through the ABAG/MTC Regional Early Action Program (REAP) grant. These additional funds are anticipated to assist with the costs associated with updating the housing element under the new state mandates. Finally, CD staff was also successful in obtaining $50,000 in competitive REAP grant to support an update to the Santero Way Specific Plan. A budget request to support this effort has been included in the proposed FY22/23 budget.

Environmental Issues
The action of receiving the annual housing report does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

Attachments:

Housing 2021 APR (PDF)
Summary-of-2021-Legislative-Session-Housing-Bills (PDF)

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Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 01/31/2015 - 01/31/2023 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Was a Density Bonus requested for this housing development? Was a Density Bonus approved for this housing development? Please indicate the status of the application. Notes+ Summary Row: Start Data Entry Below 10 2 5 0 17 0 100 134 36 0 144-450-086 8740 FEHLER
LANE KESSING RANCH 19264 SFD O 1/7/2021 1 1 1 0 No Approved 144-450-089 8734 FEHLER
LANE KESSING RANCH 19267 SFD O 1/7/2021 1 1 1 0 No Approved 144-450-081 8750 FEHLER
LANE KESSING RANCH 19274 SFD O 1/7/2021 1 1 1 0 No Approved 144-450-050 110 JAGLA
STREET KESSING RANCH 19279 SFD O 1/7/2021 1 1 1 0 No Approved 144-450-052 106 JAGLA
STREET KESSING RANCH 19287 SFD O 1/28/2021 1 1 1 0 No Approved 144-450-087 8738 FEHLER
LANE KESSING RANCH 19265 SFD O 3/3/2021 1 1 1 0 No Approved 144-450-088 8736 FEHLER
LANE KESSING RANCH 19266 SFD O 3/3/2021 1 1 1 0 No Approved 144-450-067 105 JAGLA
STREET KESSING RANCH 19284 SFD O 3/3/2021 1 1 1 0 No Approved 144-450-054 102 JAGLA
STREET KESSING RANCH 19285 SFD O 3/3/2021 1 1 1 0 No Approved 144-450-066 107 JAGLA
STREET KESSING RANCH 19280 SFD O 4/8/2021 1 1 1 0 No Approved 144-450-070 99 JAGLA STREET KESSING RANCH 19291 SFD O 4/8/2021 1 1 1 0 No Approved144-450-055 100 JAGLA STREET KESSING RANCH 19295 SFD O 4/8/2021 1 1 1 0 No Approved 144-450-078 97 JAGLA STREET KESSING RANCH 19292 SFD O 4/14/2021 1 1 1 0 No Approved144-450-056 98 JAGLA STREET KESSING RANCH 19296 SFD O 4/14/2021 1 1 1 0 No Approved144-450-057 96 JAGLA STREET KESSING RANCH 19297 SFD O 4/14/2021 1 1 1 0 No Approved144-450-069 101 JAGLA STREET KESSING RANCH 19290 SFD O 4/14/2021 1 1 1 0 No Approved 144-450-059 92 JAGLA STREET KESSING RANCH 19301 SFD O 4/14/2021 1 1 1 0 No Approved144-450-049 95 JAGLA STREET KESSING RANCH 19288 SFD O 4/20/2021 1 1 1 0 No Approved144-450-058 94 JAGLA STREET KESSING RANCH 19298 SFD O 4/28/2021 1 1 1 0 No Approved144-450-060 8249 HONOR PLACE KESSING RANCH 19302 SFD O 4/28/2021 1 1 1 0 No Approved 144-450-061 8248 HONOR
PLACE KESSING RANCH 19303 SFD O 4/28/2021 1 1 1 0 No Approved 144-450-062 8246 HONOR
PLACE KESSING RANCH 19307 SFD O 4/28/2021 1 1 1 0 No Approved 144-450-079 95 JAGLA
STREET, A KESSING RANCH 19289 ADU O 4/28/2021 1 1 1 0 No Approved 144-450-071 93 JAGLA STREET KESSING RANCH 19293 SFD O 5/6/2021 1 1 1 0 No Approved144-450-072 91 JAGLA STREET KESSING RANCH 19294 SFD O 5/6/2021 1 1 1 0 No Approved144-450-073 89 JAGLA STREET KESSING RANCH 19299 SFD O 5/6/2021 1 1 1 0 No Approved144-450-074 87 JAGLA STREET KESSING RANCH 19300 SFD O 5/6/2021 1 1 1 0 No Approved144-450-075 85 JAGLA STREET KESSING RANCH 19304 SFD O 5/6/2021 1 1 1 0 No Approved144-450-076 83 JAGLA STREET KESSING RANCH 19305 SFD O 5/6/2021 1 1 1 0 No Approved144-450-077 81 JAGLA STREET KESSING RANCH 19306 SFD O 5/6/2021 1 1 1 0 No Approved144-301-012 28 RYAN LANE JAMIE LANE 21167 SFD O 5/6/2021 1 11 0 No Approved144-301-013 30 RYAN LANE JAMIE LANE 21168 SFD O 9/24/2021 1 11 0 No Approved144-301-014 32 RYAN LANE JAMIE LANE 21169 SFD O 9/24/2021 1 11 0 No Approved144-301-015 34 RYAN LANE JAMIE LANE 21170 SFD O 9/24/2021 1 11 0 No Approved144-301-016 36 RYAN LANE JAMIE LANE 21171 SFD O 9/24/2021 1 11 0 No Approved144-354-024 8676 NINA COURT 21262 ADU O 9/30/2021 1 11 0 No Approved 144-320-034; -035; -
036
UNADDRESSED COTATI STATION PA#21-16 5+ R 10/28/2021 8 3 9 78 98 0 0 No Yes N/A Pending Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus Applications
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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 23 56 89 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Building Permits Date Issued # of Units Issued Building Permits Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Certificates of Occupancy or other forms of readiness (see instructions) Date Issued # of Units issued Certificates of Occupancy or other forms of readiness Summary Row: Start Data Entry Below 1 0 1 0 2 0 23 27 2 2 2 0 8 0 22 36 0 2 0 0 0 0 28 30 144-450-086 8740 FEHLER
LANE KESSING RANCH 19264 SFD O 0 1 1/7/2021 1 1 8/4/2021 1 144-450-089 8734 FEHLER
LANE KESSING RANCH 19267 SFD O 0 1 1/7/2021 1 1 7/14/2021 1 144-450-081 8750 FEHLER
LANE KESSING RANCH 19274 SFD O 0 1 1/7/2021 1 11/8/2021 0 144-450-050 110 JAGLA
STREET KESSING RANCH 19279 SFD O 0 1 1/7/2021 1 1 8/10/2021 1 144-450-052 106 JAGLA
STREET KESSING RANCH 19287 SFD O 0 1 1/28/2021 1 0
144-450-087 8738 FEHLER
LANE KESSING RANCH 19265 SFD O 0 1 3/3/2021 1 1 10/20/2021 1 144-450-088 8736 FEHLER
LANE KESSING RANCH 19266 SFD O 0 1 3/3/2021 1 1 11/8/2021 1 144-450-067 105 JAGLA
STREET KESSING RANCH 19284 SFD O 0 1 3/3/2021 1 1 11/8/2021 1 144-450-054 102 JAGLA
STREET KESSING RANCH 19285 SFD O 0 1 3/3/2021 1 1 9/29/2021 1 144-450-066 107 JAGLA
STREET KESSING RANCH 19280 SFD O 0 1 4/8/2021 1 1 12/1/2021 1 144-450-070 99 JAGLA
STREET KESSING RANCH 19291 SFD O 0 1 4/8/2021 1 1 12/7/2021 1 144-450-055 100 JAGLA
STREET KESSING RANCH 19295 SFD O 0 1 4/8/2021 1 1 11/15/2021 1 144-450-078 97 JAGLA
STREET KESSING RANCH 19292 SFD O 0 1 4/14/2021 1 1 12/28/2021 1 144-450-056 98 JAGLA
STREET KESSING RANCH 19296 SFD O 0 1 4/14/2021 1 1 12/28/2021 1 144-450-057 96 JAGLA
STREET KESSING RANCH 19297 SFD O 0 1 4/14/2021 1 0
144-450-069 101 JAGLA
STREET KESSING RANCH 19290 SFD O 0 1 4/14/2021 1 1 12/28/2021 1 144-450-059 92 JAGLA
STREET KESSING RANCH 19301 SFD O 0 1 4/14/2021 1 0
144-450-049 95 JAGLA
STREET KESSING RANCH 19288 SFD O 0 1 4/20/2021 1 1 12/16/2021 1 144-450-058 94 JAGLA
STREET KESSING RANCH 19298 SFD O 0 1 4/28/2021 1 0
144-450-060 8249 HONOR
PLACE KESSING RANCH 19302 SFD O 0 1 4/28/2021 1 0
144-450-061 8248 HONOR
PLACE KESSING RANCH 19303 SFD O 0 1 4/28/2021 1 0
144-450-062 8246 HONOR
PLACE KESSING RANCH 19307 SFD O 0 1 4/28/2021 1 0
144-450-079 95 JAGLA
STREET, A KESSING RANCH 19289 ADU O 0 1 4/28/2021 1 1 12/16/2021 1 144-450-071 93 JAGLA
STREET KESSING RANCH 19293 SFD O 0 1 5/6/2021 1 0
144-450-072 91 JAGLA
STREET KESSING RANCH 19294 SFD O 0 1 5/6/2021 1 0
144-450-073 89 JAGLA
STREET KESSING RANCH 19299 SFD O 0 1 5/6/2021 1 0
144-450-074 87 JAGLA
STREET KESSING RANCH 19300 SFD O 0 1 5/6/2021 1 0
144-450-075 85 JAGLA
STREET KESSING RANCH 19304 SFD O 0 1 5/6/2021 1 0
144-450-076 83 JAGLA
STREET KESSING RANCH 19305 SFD O 0 1 5/6/2021 1 0
144-450-077 81 JAGLA
STREET KESSING RANCH 19306 SFD O 0 1 5/6/2021 1 0
144-301-012 28 RYAN LANE JAMIE LANE 21167 SFD O 0 1 9/24/2021 1 0 144-301-013 30 RYAN LANE JAMIE LANE 21168 SFD O 0 1 9/24/2021 1 0 144-301-014 32 RYAN LANE JAMIE LANE 21169 SFD O 0 1 9/24/2021 1 0 144-301-015 34 RYAN LANE JAMIE LANE 21170 SFD O 0 1 9/24/2021 1 0 144-301-016 36 RYAN LANE JAMIE LANE 21171 SFD O 0 1 9/24/2021 1 0 144-354-024 8676 NINA COURT 21262 ADU O 0 1 9/30/2021 1 0144-523-006 8489 LARCH AVE 20149 ADU O 0 01 1/11/2021 1 144-450-002 8744 FEHLER LANE KESSING RANCH 19262 SFD O 0 0 1 2/3/2021 1 144-450-049 112 JAGLA STREET KESSING RANCH 19277 SFD O 0 0 1 2/3/2021 1 046-211-046 6 ISSEL LANE 19041 SFD O 0 0 1 2/4/2021 1
144-450-048 114 JAGLA STREET KESSING RANCH 19276 SFD O 0 0 1 2/10/2021 1 144-450-046 118 JAGLA STREET KESSING RANCH 19271 SFD O 0 0 1 3/11/2021 1 144-450-047 116 JAGLA STREET KESSING RANCH 19275 SFD O 0 0 1 3/11/2021 1 144-450-082 8748 FEHLER LANE KESSING RANCH 19273 SFD O 0 0 1 3/30/2021 1 144-450-083 8746 FEHLER LANE KESSING RANCH 19260 SFD O 0 0 1 4/21/2021 1 144-150-023 601 W SCHOOL ST KESSING RANCH 17038 ADU O 0 01 4/28/2021 1144-450-014 122 JAGLA STREET KESSING RANCH 19269 SFD O 0 0 1 5/3/2021 1 144-450-090 8732 FEHLER LANE KESSING RANCH 19268 SFD O 0 0 1 5/17/2021 1 144-450-068 103 JAGLA STREET KESSING RANCH 19281 SFD O 0 0 1 5/24/2021 1 144-450-053 104JAGLA STREET KESSING RANCH 19286 SFD O 0 0 1 6/7/2021 1 144-450-051 108 JAGLA STREET KESSING RANCH 19283 SFD O 0 0 1 6/30/2021 1 144-274-002, 144-274-014, 144-274-
015
8170 La Plaza &
100-125 E. Cotati
Ave
La Plaza View PA#21-09 5+ R 1 1 2 23 6/21/2021
27 0 0
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Project Identifier
(CCR Title 25 §6202)

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) 1 34
RHNA Allocation
by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - 1 3 - - - 2 - - Non-Deed Restricted - - - - 1 2 2 - - Deed Restricted - 3 - - - - 2 - - Non-Deed Restricted - - 10 - 3 1 - - - Deed Restricted - - - - - - 8 - - Non-Deed Restricted 2 - 11 2 - 1 - - - Above Moderate 66 3 16 22 - 3 16 22 - - 82 -
137
5 20 46 2 7 20 36 - - 136 24
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. -
11 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 24 Moderate
35 18 18
Please contact HCD if your data is different than the material supplied here 19 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
24 -
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNA
Total Units
Income Level
Very LowLow

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 01/31/2015 - 01/31/2023 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low- Income Low-Income Moderate-Income Above Moderate- Income Rezone Type Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) Jurisdiction Cotati
Reporting Year 2021 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation 1-1 Housing Rehabilitation & Home Ownership
Improve neighborhoods by providing opportunities for rehabilitation, through various state and regional programs Annually
The City of Cotati has not been able to secure a funding source to implement Program 1-1 during the 5th Cycle Housing Element. Our participation in the Sonoma County Community Development Commission (CDC) as a nonentitlement jurisdiction in the “urban county” limits the ability to directly file for CDBG and Home funding individually. Over the 5th Cycle, the CDC applications for these funding sources has primarily focused on addressing homelessness and infrastructure deficiencies. 1-2 Non-Profit & Agency Coordination
Continue existing and develop new relationships with agencies, nonprofits and others to assit in rehab assistance.

On-Going
Throughout the 5th Cycle, the City of Cotati has greatly expanded its relationship with local non-profit organizations and service providers, both through participation with the CDC and separately through direct outreach. This has resulted in Cotati residents being able to obtain rental and utility bill assistance funded by CDBG and HOME funds. In addition, the CD Department has increased engagement with the non-profit community to leverage expanded access to Accessory Dwelling Unit financing and technical assistance (Homes for Sonoma, the Napa/Sonoma ADU Center). Further, the City of Cotati has formalized a relationship with the Housing Land Trust of Sonoma County (HLT) to provide affordable housing expertise and assistance with managing for sale below market rate (BMR) home sales and re-sales.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) 1-3 Capital Improvement
Program
Determine priorities for CIP project in order to maintain older neighborhoods. Annually The Community Development Department works annually with the Public Works Department to review the CIP and prioritize projects that will maintain and enhance the city’s older residential neighborhoods. This coordination has resulted in street improvement projects benefiting existing eastern Cotati neighborhoods around Old Redwood Highway, E. Cotati Avenue and Myrtle Avenue, as well as western Cotati neighborhoods accessed via West Cotati Avenue. These projects include pothole repair and slurry seal of existing streets; full-depth reclamation of existing streets, bicycle and pedestrian safety improvements and Class 1 pathway construction expanding safe routes to the Thomas Page School as well as trail interpretive signs being installed along the Laguna de Santa Rosa trail network. 1-4 Housing Inspection & Code Enforcement
Compliance with health & safety requirements. On-Going
The City of Cotati has been working to crate and enhance a code enforcement program since 2019 and prioritizes sub-standard housing complaints as the highest Code Enforcement priority. Over this time-period, Cotai Code Enforcement staff has responded to numerous housing replated complaints and resolved several inadequate housing situations. The have included occupancy of travel trailers and accessory structures as primary residences, exposed wiring and inadequate plumbing in rental units and the conversion and construction of unpermitted residential units. 1-5 Mobile Home Park Conversion to Ownership Facilitate resident purchase. On-Going To date, City of Cotati staff has not determined there is intertest in the program, or in a potential sale. Staff will continue to pursue opportunities to provide mobile home park ownership to the residents. 1-6 Inventory Affordable Housing and Mobile Home Parks
Maintain inventory of affordable units & mobile home parks On-Going Table 1-30 of the 2015 Housing Element lists such an inventory for rental and forsale affordable housing units. This inventory identifies a total of 315 individual BMR units and 110 Mobile Home spaces, spread across three mobile home parks. 1-7 Preservation of Affordable Units Conserve supply of affordable units. On-Going While monitoring of potential sale of these units presents a challenge for the limited City resources, staff does make efforts to monitor potential sales of publicly assisted projects. When such a potential sale is identified (such as the Windwood project at 298 E. Cotati Avenue in Winter of 2021), City staff works with local affordable housing providers in an effort to preserve these units as affordable. In the case of the Windwood sale, the Cotati City Council utilized $250,000 in affordable housing funds to assist Burbank Housing with the purchase of the project, in return getting an updated 55-year deed restriction to maintain these units as low-income.

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) 2-1 Adequate Housing
Sites Maintain adequate inventory of sites. On-Going
The City has maintained the list of Housing Opportunity Sites, including density and special needs information since adoption of the 2015 Housing Element (HE). However, this list has not been actively maintained to reflect parcels that have developed or in response to changes in the RHNA needs of the City. However, the City has not identified a shortfall of available sites necessary to meet the existing and future RHNA needs identified in the 5th Cycle Housing Element-primarily due to the excess of available parcels (many of which are developer owned) identified in the 5th Cycle HE. The 6th Cycle House Element process is anticipated to continue to meet and exceed the RHNA needs of the City, and will include an identified list of additional parcels available to replace those that develop over this period. 2-2 Affordable Housing Requirement
Implement Chapter 17.31 of Land Use Code On-Going
The City has continued to implement the inclusionary housing requirements identified in Chapter 17.31 of the Cotati Municipal Code (CMC). To date, these efforts have resulted in the construction of 11 very-low income, 19 low income and 24 moderate income units in addition to the 82 market rate units that have been built. 2-3 Second Dwelling Units Periodically review ordinance to ensure no revisions are needed. Bi-Annual The City updated its ADU ordinance in 2020 to implement the changes directed by several bills passed by the State legislature. As identified above, the City has further sought to promote the development of ADUs, partnering with the Napa/Sonoma ADU Center and creating an ADU specific webpage on the CD Department site. It is anticipated a total of 10-12 ADUs will be built over the 5th Cycle. 2-4 Emergency Shelters, Transitional Housing & Supportive Housing Seek sources of funding to support for shelters, transitional & supportive housing On-Going
As identified above, throughout the 5th Cycle, the City of Cotati has greatly expanded its relationship with local non-profit organizations and service providers, through participation with the CDC and separately to meet the various needs of the un-housed population. This has resulted in three units of transitional housing being purchased within the City, with management of these services being lead by CDC staff. 2-5 Priority Water & Sewer Communicate housing priorities to Public Works Immediately Upon Adopton The City of Cotati has adequately planned for water and wastewater services to meet the housing needs of both the 5th and 6th Housing Element cycles. 2-6 Barrier Removals for Multi-Family Development Amend CMC to eliminate CUP requirement in NU zone and reduce parking requirements.

On-Going
Due to staff challenges and competing priorities, the City has not met the direction of this program in keeping with the timeframe identified. However, this program will be completed in 2022, ahead of the 6th Cycle, and the proposed ordinance would implement the specific direction of this program expanding the elimination of the Use Permit for multi-family housing throughout the Neighborhood Urban District. 3-1 Affordable and Special Needs Housing Incentives
Amend CMC to allow for reduced standards and provide incentives to developers.

On-Going
In this cycle, the City hopes to issue building permits for a 74-units density bonus entitled project; however the project has struggled to find financing. Additional incentives will be considered as a component of the SB2 grant funded work.

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) 3-2 Planning for Affordable
and Special Needs Housing
Policy is in effect.

The City's Land Use Code requires 10% of all units in new subdivisions to be single story and universally accessible to allow for full conversions in the future if needed/wanted. The City's objective deign guidelines also require multifamily housing projects to incorporate 10% of the units as accessible. 3-3 Funding for Affordable and Special Needs Housing
Seek available funding for lower income and special needsd housing.

The City encourages the conversion of moderate-to-low and low-to-very low inclusionary units through a trade of credits (i.e., 1.5 moderate income units = 1 low income unit) to increase the numbers of inclusionary units provided at lower income levels. The County CDC toolbox, though helpful, has not provided immediate assistance to expand on low income housing to date, however funding options and allocations through the CDC are expanding as State and federal funding has increased. Direct financial assistance is needed to bridge the large gap between development costs and affordable rents and the City is using SB2 grant funds to streamline the development of housing, and therefore low income housing, generally. 3-4 Reasonable Accommodation
Ensure reasonable accommodations are provided The City processes requests for reasonable accommodations, as needed. 3-5 Senior Shared Housing Programs
Work with County CDC & non profit housing organizations to determine interest in a senior shared housing program.

The CMC amendments have been completed and our current work with an ADU/JADU ordinance will also address the senior share program. 3-6 Maintain Adequate Staff
Ensure adequate staff to process housing development applications.

The City has entered an ongoing contract with an outside consulting firm who process projects when workload exceeds staff capacity, and this contract will continue into 2021. In addition, the City Council approved a budget adjustment to hire a part-time Associate Planner to supplement staff availablity to process current development and policy projects for housing.
3-7 Tax Exempt Financing Require developers utilizing tax exempt financing to include Section 8 vouchers. To date, the City of Cotati has had no developers utilize tax exempt financing. 3-8 Review Processing Fees
Explore opportunities to reduce fees and provide discounts to affordable projects.

The City developed a Fee Deferral program to help project proponents reduce carrying costs on units under construction. Staff has also worked with individual developers to dstagger the timing of the affordable unit construction so that proceeds from the market rate units can help carry costs of the affordable units. Further, the City has utilized bond financing to partially cover the impact fee costs for recent development of a 47-unit project (Kessing Ranch), which included 7 affordable housing units identified in this report. Additionally, in keeping with State mandates, ADUs up to 750 square feet will not be charged any impact fees to develop within the community. Finally, the CIty completed a Fee Study in 2021 to review the costs of development and building permit applications.

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) 3-9 Monitor Use Permit
Requirements for Affordable Housing
Explore opportunities to reduce fees and provide discounts to affordable projects.

In this cycle, the City has not had any formal applications for projects in the NU zone however staff has initiated an ordinance to remove the Use Permit requirement for residential development within the NU district as a component of the SB 2 Grant funded efforts to allow more multi-family housing as a permitted use in this District. This Ordnance was reviewed by the Planning Commission on March 7, 2022, and will go before the City Council in April 2022. 4-1 Housing Discrimination Complaints
Ensure that residents have access to information regarding fair housing rights.

In this cycle to date, the City has had no fair housing complaints. Information regarding legal assistance and how to file a complaint is available at our front counter and on our website. 4-2 Nondiscrimination Clauses
Include nondiscrimination clauses in agreements for publically assisted housing units.

The City's only current non-discrimination housing assistance comes through deed restrictions and affordability agreements; those legal documents all require non-discrimination language 4-3 Nondiscrimination Coordination
Continue to address fair housing issues through organiztions that provide assistance.

Cotati CD Department has had several staffing changes since the adoption of the 5th Cycle HE. However current staff is un-aware of any housing discrimination complaints being filed during this cycle and remains committed to implementing programs to reduce and eliminate housing discrimination within the Community. Staff has referred some complaints regarding landlord/tenant relations not related to discremination, to Legal Aid of Sonoma County.

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) 5-1 Energy Conservation &
Efficiency
Promote energy efficiency and conservation
The adopted General Plan prioritizes in-fill development in-lieu of an extension of utility and municipal services. A requirement of the Cotati Climate Action Plan calls for 50% of all new residential units to be solar ready at final inspection. Additionally, the Cotati CD Department, Planning Commission and City Council regularly direct and require project applicants to install photovoltaic panels and electric vehicle charging into new development projects. This is applied consistently across new commercial and residential projects. Further, the City of Cotati requires Tier 1 CalGreen implementation for all building projects, and this enhanced standard has been codified into the 2019 Cotati Building Code. Further, the 2015 General Plan Update and the Downtown Specific Plan prioritize city-centered growth and mixed use development and has designated properties close to amenities and services to accommodate and in many cases require mixed use development at the highest residential density levels within the City. Finally, the City has not been successful in receiving grant funding to provide low interest loans for winterization or energy conservation or improvement projects. However, the County of Sonoma does provide a PACE program and the City is a member of BayREN, both of which provide options for loans and low-cost funding to make such improvements to homes and other buildings within the City. In addition, the City is a member of Sonoma Clean Power, utilizing their “Evergreen” 100% renewable energy power supply. This allows the City to regularly champion the use of Evergreen power to all project applicants and new business owners. 6-1 Annual Report
Prepare an annual report to the City Council describing implementtion of the Element.

Cotati Community Development staff meets all annual HCD reporting requirements.

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) 6-2 Workshops & Public
Hearings
Hold workshops that provide the public, developers and service providers with opportunities to review and discuss the Housing Element.

Beginning in October 2019, Community Development staff have held several housing related workshops and public presentations to identify the numerous and on-going changes to State law and development regulations regarding housing. The City has created a Housing specific webpage to share this information and provides regular updates in an effort to keep citizens informed of these changes. Further, several public hearings have been held to discuss the City’s responses to those individual regulations which required modifications and updates to the City’s adopted land use code. The City conducted a Land Use 101 presentation to the City Council and Planning Commission on February 23, 2021, which included summaries of efforts to implement the Housing Element policies and respond to State mandates regarding housing. In addition to this workshop, city staff has been reaching out to the community through social media and local farmer's markets in order to get input from Cotati residents on housing and successfully completed 2 separate housing related surveys; the results of which were used to create Objective Design Guidelines and provide an informational baseline for the pending Housing Element Update.

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 01/31/2015 - 01/31/2023 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Very Low Income Low Income Moderate Income Above Moderate Income Description of Commercial Development Bonus Commercial Development Bonus Date Approved Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+ Low-Income+ TOTAL UNITS+ Rehabilitation Activity 27 27Preservation of Units At-RiskAcquisition of UnitsMobilehome Park PreservationTotal Units by Income 27 27 Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c)

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) Jurisdiction Cotati
Reporting Period 2021 (Jan. 1 - Dec. 31)Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Realistic Capacity Identified in the Housing Element Entity to whom the site transferred Intended Use for Site 1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas (CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) Jurisdiction Cotati
Note: "+" indicates an optional field
Reporting Period 2021
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation formulas
Designation Size Notes
1 2 34 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) Jurisdiction Cotati
Reporting Year 2021 (Jan. 1 - Dec. 31)Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Current Year
Deed Restricted 2Non-Deed Restricted 2Deed Restricted 2Non-Deed Restricted 0Deed Restricted 8Non-Deed Restricted 0 2236
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0SFD 0 34 272 to 4 0 0 05+ 27 0 0ADU 0 2 3MH 0 0 0Total 27 36 30 Total Housing Applications Submitted: 37Total UnitsHousing Applications SummaryNote: Units serving extremely low-income households are included in the very low-income permitted units totals Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) 134
36 0
00 00
Income Rental Ownership Total
Very Low 0 00
Low 0 00Moderate 0 00Above Moderate 0 00Total 0 00Cells in grey contain auto-calculation formulasUnits Constructed - SB 35 Streamlining PermitsNumber of Streamlining Applications ApprovedTotal Developments Approved with StreamliningTotal Units Constructed with StreamliningNumber of Proposed Units in All Applications Received:Total Housing Units Approved:Total Housing Units Disapproved:Use of SB 35 Streamlining ProvisionsNumber of Applications for Streamlining

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) Jurisdiction Cotati
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount
Total award amount is auto‐populated based on amounts entered in rows 15‐26.

Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes Consultant RFP + Selection $3,000.00 $3,000.00 None Consultants=4Leaf, Civic Edge And Rincon Housing Strategy Workshop $4,000.00 $4,000.00
Local
General
Fund
General Public
Workshop with Joint
PC/CC Completed
Public Surveys $3,000.00 $3,000.00
Local
General
Fund
Initial Baseline Survey
Complete; Secondtargeted survey beingdeveloped
Stakeholder Interviews $5,000.00 $5,000.00
Local
General
Fund
StakeholderWorkshop Completedas joint effort with
City of RP
Site Inventory $20,000.00 $20,000.00
Local
General
Fund
Consultant AnalyzingSites
HE Admin Draf $30,000.00 $30,000.00
Local
General
Fund
Consultant drafting
document
Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2) Current Year
Deed Restricted 1Non-Deed Restricted 0Deed Restricted 1Non-Deed Restricted 0Deed Restricted 2Non-Deed Restricted 0 2327

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
In Progress
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.

Task Status
CompletedCompletedCompleted
In ProgressIn Progress
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units

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Attachment: Housing 2021 APR (HCD Annual Production Report (APR)) Current Year
Deed Restricted 2Non-Deed Restricted 2Deed Restricted 2Non-Deed Restricted 0Deed Restricted 8Non-Deed Restricted 0 2236
Current Year
Deed Restricted 0Non-Deed Restricted 2Deed Restricted 0Non-Deed Restricted 0Deed Restricted 0Non-Deed Restricted 0 28 Total Units 30
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low

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Summary of 2021 Legislative Session Housing Bills
Below is a summary of significant housing legislation that was passed in the 2021 legislative session and subsequently signed into law by Governor Gavin Newsom.

GENERAL PLAN AND HOUSING ELEMENT
Housing Element Timing. AB 215 makes important changes to Housing Element deadlines. Specifically, AB 215 provides that the first draft of a housing element must be made available for public review and comment for at least 30 days. If any public comments are received, the local government must take at least 10 business days after the 30-day public comment period to consider and incorporate the comments. This must be done before submitting the draft housing element to HCD for
review, otherwise HCD will not review the draft. Subsequent drafts must be posted electronically and those interested must be provided notice at least 7 days before submitting to HCD.

Additionally, AB 215 extends the time that HCD has to review the first draft of the housing element to 90 days and reiterates that it has 60 days to review any subsequent drafts.

AB 215 also provides HCD with authority to contract with an independent attorney to sue jurisdictions over housing law violations where the Attorney General has declined to bring suit or represent HCD. Lastly, it extends the statute of limitations to three years for actions brought by the Attorney General or HCD or pursuant to a notice of violation issued by HCD regarding housing laws.

Affirmatively Furthering Fair Housing. The AFFH legislation primarily codifies requirements already imposed by HCD's AFFH Guidelines. AB 1304 requires local governments to
administer their programs and activities relating to housing in a manner to affirmatively further fair housing. Similarly, AB 1398 provides that the site inventory and analysis contained in housing elements must include discussion of the relationship between the identified site and the jurisdiction's duty to affirmatively further fair housing. AB 1398 also requires that any AFFH analysis identify and examine patterns, trends, areas, disparities, and needs both within the jurisdiction and regionally. Any assessments should include local and regional historical origins and current policies and practices for identified fair housing issues.

Rezoning. In addition to the AFFH changes, AB 1398 imposes new rezoning requirements on jurisdictions. If a jurisdiction does not adopt a housing element that HCD has found in
substantial compliance within 120 days of the housing element due date, the agency now has one year from the housing
element due date to complete rezoning of sites. Previously, the agency had three years and 120 days regardless of the date the element was found in compliance. If the housing element requires rezoning and it is not completed within one year of the housing element due date, HCD may revoke any findings of compliance it has previously made. Prior to revoking its findings, HCD must issue inconsistency findings and give the local agency an opportunity to respond. Finally, if a housing element is adopted more than one year after the due date, it cannot be found to be in compliance until the agency has completed any required rezoning.

AB 1398 also eliminates 4-year housing element cycles for local governments that fail to adopt a housing element within 120 days of the due date. Starting with the 6th cycle, adoption of a housing element that HCD finds to be in substantial compliance with state law will be deemed to satisfy the 4-year housing element requirement.

Annual Progress Reports. SB 290 requires jurisdictions to include in their annual reports the number of units in a student housing development for lower-income students for which a developer was granted a density bonus. SB 9 requires

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jurisdictions to report the number of units constructed pursuant to its provisions as well as the number of applications for parcel maps for urban lot splits.

SB 787 provides that a local agency may include in the annual report the number of units in an existing multifamily building that were deed-restricted rental for moderate-income
households by imposition of affordability
covenants/restrictions for up to 25 percent of moderateincome RHNA. The jurisdiction must clearly indicate that these are not newly constructed units and must meet specific
requirements to be able to count these units in the annual report. While implementation of this new provision begins January 1, 2023, the agency may report any conversion that occurred after January 1, 2022. SB 787 does not provide that jurisdictions may use these units in their housing elements to satisfy their RHNA.

HOUSING DEVELOPMENT APPROVALS
SB 330 Update. SB 8 extends the key provisions of the Housing Crisis Act of 2019 until January 1, 2030. If a qualifying preliminary application for a housing development is submitted prior to January 1, 2030, the rights to complete the project can vest until January 1, 2034. SB 8 extends the protections provided by a preliminary application to three and a half years from “final approval” if the project is an "affordable housing project" as statutorily defined.

Perhaps most significantly, SB 8 modifies the definition of "housing development project" to include (1) projects that involve no discretionary approvals, and (2) projects to build a single dwelling unit. While this definition does not impact the scope of "housing development project" under the Housing Accountability Act, it does impact the Permit Streamlining Act (PSA) and the Housing Crisis Act. As a result, the 30-day deadline in the PSA to notify applicants if their project is complete will apply to SB 35 projects, ADUs, SB 9 projects, and single-family homes.

Other clarifications made by SB 8 include:
• Expanding the definition of "hearing" to include "any appeal" conducted by the jurisdiction with respect to
the housing development project
• Providing that receipt of a density bonus, including
any incentives, concessions, or waivers, does not
constitute a valid basis on which to find a proposed
housing development inconsistent, noncompliant, or
nonconforming with an applicable plan, program,
policy, ordinance, standard, requirement or similar
provision
SB 8 also amends the replacement housing and relocation requirements in the Housing Crisis Act of 2019. Existing law requires one-for-one replacement of statutorily defined "protected units" that are demolished. Moreover, existing law provides that all residents of protected units, regardless of income, are entitled to state relocation benefits and a right of first refusal to a comparable unit. SB 8 changes these
requirements by:
• Extending the requirement to replace "protected
units" to a project that proposes to demolish a singlefamily home. If a "protected" single-family home is being replaced in a development that consists of two
or more units, "comparable units" means:
o A unit that contains the same number of
bedrooms, if the single-family home had
three or fewer bedrooms; or

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o A unit that contains three bedrooms, if the
single-family home had four or more
bedrooms.
• Clarifying that existing occupants that are displaced for the housing development project can return to
their units at their prior rental rate if the demolition does not proceed and the property is returned to the
rental market.
• Limiting relocation benefits, including rental
assistance payments and right of first refusal, to
lower-income households.
• Providing that the existing occupants' right of first refusal to a comparable unit in the new housing
development does not apply to:
o A development project that consists of a
single residential unit located on a site where
a single protected unit is being demolished;
o Units in a housing development in which 100
percent of the units, except the manager's
unit(s), are reserved for lower-income
households;
o Occupants of a short-term rental that is
rented for fewer than 30 days;
o Any unlawful occupant of a protected unit.

Floor Area Ratio. SB 478 sets minimum floor area ratios (FAR) in multifamily residential zones and mixed-use zones. For projects with 3-7 units, there is a minimum FAR of 1.0; the minimum FAR is 1.25 for projects with 8-10 units. A local agency cannot impose a lot coverage requirement that would physically preclude a housing development from achieving these FARs. However, it may impose other zoning design
standards. A local agency also cannot deny a housing
development project located on an existing legal parcel, and meeting specified requirements, solely because the lot area of the proposed lot does not meet requirements for minimum size.

Two-Unit Developments & Urban Lot Splits. For a
comprehensive overview of SB 9, see our Law Alert HERE.

Upzoning. For a comprehensive overview of SB 10, see our Law Alert HERE.

DENSITY BONUS
Changes to Density Bonus Law. SB 290 makes several small changes to state density bonus law. First, it redefines "total units" to (1) include inclusionary housing units, and (2) exclude the units added by state or local density bonus in calculating the density bonus and incentives/concessions. Additionally, SB 290 removes "specific adverse impact on the physical environment" as a basis for denying a concession, incentive, waiver, or deduction of development standard; denials may only be based on health or safety impacts.

Next, SB 290 requires a jurisdiction to grant one incentive/ concession for student housing with a 20 percent set-aside for low-income students. The jurisdiction's housing element annual report must include the number of housing units for lower-income students for which the student housing
development was granted a density bonus.

SB 290 also eliminates the requirement that moderate-income units be in a "common interest" development to qualify for a density bonus, instead providing for a density bonus so long as 10 percent of the total units in any for-sale housing
development are sold to moderate-income families. Lastly,

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SB 290 extends the parking ratio exception to cover
development with at least 40 percent moderate-income units and located within one-half mile of a major transit stop. Where the housing development project meets these requirements, jurisdictions cannot impose a parking requirement that
exceeds 0.5 spaces per bedroom.

Purchase of Density Bonus Units. SB 728 broadens the
requirements for a for-sale unit that qualifies an applicant for a density bonus. Whereas previously the applicant and the city or county had to ensure that the initial occupant of the for-sale affordable unit was a person or family of very low, low, or moderate income, now the for-sale unit may be purchased by a "qualified nonprofit housing corporation." The nonprofit must have 501(c)(3) tax exempt status and a state welfare
exemption and must sell to low-income families pursuant to a no-interest loan program. To satisfy the requirements in density bonus law, it must be purchased under a recorded contract that includes:
• A repurchase option that requires a subsequent
purchaser of the property that desires to sell or
convey the property to first offer the qualified
nonprofit corporation a right to repurchase;
• An equity sharing agreement, as statutorily defined;
and
• Affordability restrictions on the sale and conveyance of the property that ensure the property will be
preserved for lower-income housing for at least 45
years.

Local Affordability Restrictions. AB 634 clarifies that state density bonus law does not prohibit a jurisdiction from requiring an affordability period that is longer than 55 years for any units that qualify a housing development project for a density bonus, if required to meet the terms of a local inclusionary ordinance, so long as the project is not financed with low-income housing tax credits.

IMPACT FEES
Development Fee: Impact Fee Nexus Study. AB 602 outlines the following new requirements for local impact fee nexus studies:

1. The study must be adopted prior to adoption of the
associated development fee;

2. The study must identify the existing and proposed
level of service for each public facility and explain why the proposed service level is necessary;

3. The study must include supporting information as
required by the Mitigation Fee Act;

4. If the study supports a fee increase, it must also
support the original fee;

5. The study must employ one of the following
calculation methods after July 1, 2022:
a. The fee is levied proportionately to the
square footage of the proposed units. This
method is automatically deemed a valid
method by which to establish a reasonable
relationship between the fee charged and
the burden imposed by the development; or
b. The fee is levied on some alternative basis
of calculation, if the local agency makes the
following specified findings: (1) an
explanation of why square footage is not an
appropriate metric; (2) an explanation that
the alternative basis bears a reasonable
relationship between the fee charged and
the burden imposed by the development;

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and (3) other policies in the fee structure
ensure that smaller developments are not
charged disproportionate fees.

6. If the jurisdiction is a "large jurisdiction," meaning a county with a population of at least 250,000 people or
any city within such a county, the city or county must
adopt a capital improvement plan;

7. The study must be adopted at a public hearing with at least 20-days' notice, and the local agency must notify any member of the public who requested notice of
the date of the hearing; and

8. The study must be updated at least every eight (8)
years, beginning January 1, 2022.

Any member of the public, including an applicant for a housing development project, may submit evidence that the city, county, or local agency has failed to comply with the
requirements of the Mitigation Fee Act. Upon receipt of such information, the jurisdiction must consider the timely
submitted evidence and authorize the legislative body to adjust the proposal if deemed necessary in light of evidence
considered.

Additionally, a city, county, or special district must (1) request the developer to provide total amount of fees and exactions associated with a project upon the issuance of a certificate of occupancy or the final inspection, whichever occurs last, and (2) if the developer provides this information, post this information on its website. The information posted on the jurisdiction's website must be updated at least twice a year, but the jurisdiction may include a disclaimer that it is not responsible for the accuracy of the information received and posted. Developers are not required to provide the
information.

AB 602 is not intended to prevent a local agency from
establishing and adopting different fees for different types of developments. Additionally, these new study requirements do not apply to any fees or charges for water and sewer services and facilities.

Lastly, AB 602 directs HCD to create a template, by January 1, 2023, that may be used by local jurisdictions to design their impact fee nexus studies. The template must include a method for calculating the feasibility of housing being built within a given fee level.

Impact Fees & Affordable Housing. AB 571 prohibits the
imposition of affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, on a housing development's affordable units.

OTHER SIGNIFICANT HOUSING LEGISLATION
Mixed-Income Structures. AB 491 addresses fair housing
issues in mixed-income structures. Specifically, AB 491 provides that in a mixed-income multifamily structure, the residents of the affordable housing units must have the same access as the residents of the market-rate units to (1) the common entrances of the structure, and (2) the common areas and amenities of the structure. Perhaps more significantly, AB 491 also states that the affordable housing units in a multifamily structure cannot be isolated on a specific floor or area of a floor; rather, they must be integrated throughout the structure.

For the purposes of this legislation, a "mixed-income
multifamily structure" means any residential structure with five or more dwelling units that includes both affordable housing units and market-rate housing units. "Affordable housing unit"

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is defined to include both low- and moderate-income units.

Nothing in AB 491 prohibits the development of a separate structure with all affordable housing units.

Restrictive Covenants. During this session, the Legislature addressed restrictive covenants as barriers to the development of housing. First, AB 721 allows the owner of a statutorily defined affordable housing development to record a restrictive covenant modification to make inoperable a recorded
covenant, condition, or restriction that restricts the number, size, or location of the residences that may be built on a property, or that restricts the number of people or families who may reside on the property. To qualify, the owner of the affordable housing development must submit the modification document, along with supporting documentation, to the
county recorder. The county recorder must forward the
documentation to the county counsel who must make a
determination whether, among other things, the original restrictive covenant contains an unlawful restriction in violation of AB 721 and the property qualifies as an affordable housing development. The intended impact of AB 721 is to ensure that restrictive covenants do not curtail the type and density of development otherwise permitted on a site by the local zoning.

Similarly, AB 1584 makes void and unenforceable any
covenant, restriction, or condition that "effectively prohibits or unreasonably restricts" construction or use of qualifying accessory dwelling units or junior accessory dwelling units on single-family residential lots. For the purposes of the law, reasonable restrictions are those that do not unreasonably increase construction costs, effectively prohibit construction, or extinguish the ability to otherwise construct. Unlike AB 721, AB 1584's provisions automatically void the effect of any CC&Rs that conflict with its provisions; the owner of the property need not take any additional action.

While similar provisions were passed in 2019 and 2020 that amended Civil Code §§ 4740, 4741 & 4751 to prohibit these types of CC&Rs from being imposed by homeowners'
associations and common interest developments, AB 1584
amends Civil Code § 714.3 to void any of these CC&Rs,
regardless of their origin. AB 1584 serves to reinforce previously adopted legislation.

Conveyance of ADUs. Previously, the law permitted
jurisdictions to choose to allow separate conveyance of certain accessory dwelling units (ADUs) by adoption of a local
ordinance. SB 345 requires local agencies to allow for separate conveyance or sale of these ADUs.

To separately convey an ADU, it must meet the following requirements:
• The ADU was built or developed by a statutorily
defined qualified nonprofit corporation;
• The ADU is being sold to a statutorily defined qualified buyer;
• There is a recorded restriction on the use of the land between the buyer and the nonprofit;
• The property is held pursuant to a tenancy in common
agreement that, among other requirements, provides
for affordability restrictions on the future sale or
conveyance of both the ADU and the primary dwelling
on the property;
• The recording of a grant deed with the county naming
the grantor and grantee, and describing the property
interests being transferred; and

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• If requested by a utility providing service to the
primary dwelling unit, separate water, sewer, or
electrical connection to that utility for the ADU.

AB 345 also requires that any tenancy in common agreement, as outlined above, that is recorded after December 31, 2021, include the following:
• Delineation of all areas of the property that are for the exclusive use of a cotenant;
• Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general
maintenance and repair, improvements, and any
other costs, obligations, or liabilities associated with the property; and
• Procedures for the resolution of disputes among the
cotenants before legal action.

To the extent that jurisdictions have adopted local policies regarding the separate conveyance or sale of these types of ADUs, AB 345 would override any conflicting provisions.

Starter Home Development. AB 803, or Starter Home
Revitalization Act, seeks to make it easier to develop smaller, more affordable homes to increase homeownership. AB 803 eliminates minimum lot sizes to encourage zero lot line detached homes and requires approval of projects that
propose these types of homes and meet certain other criteria.

The proposed development must, among other requirements, meet the following requirements:
• The site to be developed must be in a multifamily
residential zone, substantially surrounded by qualified urban uses, and at least five acres in size;
• The project must propose to develop single-family
homes on fee simple ownership lots;
• The project must comply with existing density, height requirements and setbacks in relation to other sites;
• The proposed development must be within the
boundaries of a jurisdiction that has adopted a
compliant housing element.

A local agency need not ministerially approve projects that meet all the criteria in AB 803, but it must approve the application so long as the development complies with nonconflicting local standards and would not have a specific, adverse impact on public health and safety that cannot be satisfactorily mitigated. A local agency may impose conditions not in conflict with the law, except that it:
• May not impose setback requirements between
buildings, except as required by the state Building
Code;
• May not impose a minimum lot size;
• May not require covered or enclosed parking; and
• May not require the formation of a homeowner's
association.

The utility of AB 803 is likely to be limited given its narrow application and strict criteria.

Enforcement Response to Complaints. With the goal of
ensuring safe and habitable housing for tenants, AB 838 imposes on cities and counties new rules for the enforcement of complaints of substandard building conditions or lead hazard violations. First, AB 838 requires that local agencies inspect the property in question as promptly after receipt of a complaint as they would a request for final inspection.

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Moreover, agencies cannot impose unreasonable conditions, such as that the tenant be current on rent or in compliance with their rental agreement, on responding to substandard building complaints.

Upon inspection, the agency must document any violations and substandard conditions. Thereafter, the agency must inform the owner of the property of any violations and
required corrective actions and schedule a time for
reinspection to ensure compliance with the corrective actions.

Finally, the city or county may not collect a fee from the property owner for the inspection or the report and must provide free, certified copies of inspection reports and citations to any who requests such copies.

A local agency is not required to conduct an inspection where (1) the complaint does not allege one or more substandard conditions, or (2) a previous complaint, submitted by a tenant, resident, or occupant about the same property, was
determined to be frivolous or unfounded by an inspector in the last 180 days.

Intergenerational Housing. SB 591 seeks to facilitate the establishment of intergenerational housing to benefit senior citizens who need special living environments and services. The new law provides that an intergenerational housing
development may be established to provide housing units for senior citizens, caregivers, or transition age youth if, among others, the following requirements are met:
• At least 80 percent of the occupied units are occupied by at least one senior citizen, which is defined as a
person 55 years of age or older;
• Up to 20 percent of the occupied units are occupied
by at least one statutorily defined caregiver or
transition age youth, defined as a person who is 18 to
24 years of age and is either a current or former foster youth or a current or former homeless youth;
• The development is affordable to statutorily defined
lower-income households; and
• The CC&Rs or written policy for the development set
forth the limitations on occupancy, residency, or use.

SB 591 is particularly important because it allows developers that have certain funds or tax credits designated for affordable rental housing to expand occupancy to include not only senior citizens, but also caregivers and transitional youth.

Surplus Land Unit. SB 791 creates the California Surplus Land Unit within the Department of Housing and Community
Development. The purpose of the Unit is to facilitate
development and construction of residential housing on local surplus land, which is defined as land declared surplus by a local agency, pursuant to Gov. Code §§ 54220, et seq., or by a school district, pursuant to Educ. Code §§ 17455, et seq. The Unit may engage in the following activities in the furtherance of its purpose:
• Facilitate agreements between housing developers
and local agencies seeking to dispose of surplus land;
• Provide advice or technical assistance and services to local agencies with surplus land or developers seeking
to develop housing on the surplus land;
• Collaborate with other relevant state agencies, such
as the California Housing Finance Agency or the
California Tax Credit Allocation Committee, to assist
housing developers and local agencies with obtaining
grants, loans, tax credits, and other types of financing; • Collect and compile data on housing production on
local surplus land.

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7, 2022
For more information about this new housing legislation summary or any specific bills, please contact Barbara Kautz ([email protected]), Nazanin Salehi
([email protected]), or any other attorney at
Goldfarb Lipman LLP.

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Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Discuss Format of Future City Meetings
Date: March 22, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council discuss when future city meetings should return to inperson hybrid and provide direction to staff.

Background
With the start of COVID-19 in March of 2020, for the safety of all participants, City Council meetings transitioned to virtual, as permitted under Executive Order of the Governor, and then as later continued under AB 361 with monthly continuations by the City Council. On March 18, 2020, the City Council also declared a local emergency due to the COVID-19 pandemic which is still in effect. In addition, the State of California has declared a state of emergency, which remains in effect at this time.

On May 26, 2020, when it became clearer that the pandemic did not have a clear end date and it started to become clear what the City could do to assist local businesses, the City Council adopted Resolution 2020-31 waiving fees and allowing the City Manager to authorize temporary street closures, amplified music, and related activities to allow businesses to quickly adjust to outdoor dining that was permitted under the then current health orders. Subsequently, on September 20, 2020, the City Council adopted Resolution 2020-59, “tolling” existing permits and entitlements, continuing to waive fees for park and street use and delegate permitting authority to the City Manager to facilitate outdoor retail and dining activities that were permissible under the health order. This action also allocated $90,000 to assist our hard-hit retail and restaurants by purchasing tents, and fully funding the set up and safety barrier systems.

These tents and barrier systems continue to largely remain in place today. At any time, any business can ask the City to remove the tent placed next to their business, but the City has only had one such request to date (Shige). The provisions of Resolution 2020-59 were to expire sixmonths (180 calendar days) after the City’s COVID-19 State of Emergency Declaration expires, unless earlier terminated, further extended, or otherwise modified by action of the City Council.

During the pandemic, the City also made numerous upgrades to our audio visual systems, with the expectation that meetings will eventually return to in-person with the ability to also allow

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live remote participation by the public.

At this time, mask mandates in Sonoma County for most indoor settings have dropped, including most schools. The only remaining mandates are under the CalOSHA Emergency Temporary Standards (ETS), which only apply to places of employment. The ETS requires unvaccinated employees to wear masks indoors in common areas, as well as a variety of testing and isolation requirements if symptoms or close contact exposure has occurred.

Analysis/Discussion
Status of the Pandemic
March 11 marked the 2-year anniversary of the World Health Organization (WHO) naming COVID-19 a pandemic. To date, the WHO estimates that more than 6 million people globally have lost their lives to the pandemic, and more than 450 million people have been infected.

Higher income countries have generally dropped most or all restrictions and reopened their countries. Most middle- and lower-income countries continue to impose various COVID restrictions, primarily due to the lower vaccination rates and lower testing and diagnostic capacity.

In the US, daily cases, hospitalizations, and deaths continue to decline. As of March 14, Sonoma County case rates continued to fall to 7.8 cases/100,000 people daily with a 2.9% test positivity rate. Twelve people are hospitalized countywide, typically unvaccinated. Sonoma County is currently at 81% fully vaccinated, which is starting to plateau. The county health department is continuing to push for pediatric vaccines; currently 48% of people ages 5-11 and 70% of 12-15 are partially or fully vaccinated. The State of California (including Sonoma County) has dropped most restrictions, except for higher risk congregate settings, such as hospitals, nursing homes and public transit.

It should be noted that over the past week, some European countries have seen a bump up in new cases, although it’s too soon to know if this is a trend and if it’s due in part to the current refugee crisis in Europe caused by the Russian invasion of Ukraine. Additionally, China has seen a surge of new cases recently and has locked down tens of millions of people in Jilin and Shenzhen.

However, due to the high vaccination rates in Europe (estimated at high 80% or more), a majority of the cases are asymptomatic and less serious. By contrast, Hong Kong is also experiencing a surge in Omicron cases, including a relatively high number of deaths which are overwhelming hospitals and morgues. However, the primary factor driving the surge in Hong Kong is a low vaccination rate among those over age 80—only about 30% have received at least 1 dose—despite the availability of the shots. Comparatively, about 80% of older adults in the US are vaccinated. Additionally, the type of vaccine could be playing a role in Hong Kong’s higher death rate. A majority of vaccinated elderly received the Chinese-made CoronaVac, which has been shown to offer little to no protection against Omicron.

Factors to Consider
When the City Council decides to return to in-person hybrid format meetings, it is recommended

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that the transition be phased. Due to the public nature of City meetings, it is unlikely that vaccination requirements or mask mandates could be enforced on public property. However, it is recommended to initially reduce seating in the Council Chamber to allow for greater seat spacing, as well as to continue to allow live participation in City meetings remotely. This will afford greater safety for participants, allow for citizens to participate remotely if they choose to do so, and retain the ability to quickly shift back to fully virtual if needed.

As of March 15, cities in Sonoma County operate their City Council meetings under a variety of formats, as summarized below by jurisdiction:

Petaluma: Fully virtual
Rohnert Park: In person, masks recommended
Sebastopol: Fully virtual
Santa Rosa: Hybrid, in-person and virtual
Windsor: Fully virtual
Healdsburg: Fully virtual
Cloverdale: In person, attendees “required” to wear masks Sonoma: Hybrid, in-person and virtual
Once the City Council decides to return to in-person meetings, it is recommended that the City Council also rescind the Declaration of Local Emergency. Unless the City Council decides otherwise, this action should also start the 180 day “clock” on Resolution 2020-59, including the removal of the tents. The City would contact the businesses using the tents and begin a dialogue to determine timing of the tent removals, not to exceed 180 days.

Finally, as long as conditions still meet the tests for AB 361, staff recommends continuing the local emergency declaration and the ability to host meetings remotely and/or hybrid as needed.

To continue teleconferencing under AB 361, as long as there is a gubernatorial "proclaimed state of emergency," or state or local officials are imposing or recommending measures that promote social distancing, then the legislative body can continue making the necessary findings. To maintain flexibility in this uncertain environment, it is recommended that the City Council continue these resolutions until conditions warrant. The City Council must find, by a majority vote every 30 days, that it has reconsidered the circumstances of the state of emergency and either (i) the state of emergency continues to directly impact the ability of the members to meet safely in person; or (ii) state or local officials continue to impose or recommend measures to promote social distancing.

As mentioned earlier, the gubernatorial state of emergency is still in effect, AND the Sonoma County Health Officer’s social distancing recommendations for public meetings are still in effect, either of which meet the test for AB 361.

Financial Considerations
There are no expected financial impacts to move to hybrid and/or in-person meetings.

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Environmental Issues
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

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Item type:

To:

Subject:

Date:

Cotati City Council
Agenda Staff Report

INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
City Council
Supplemental information received after the agenda was posted.

March 22, 2022
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
It is recommended that the City Council receive supplemental information pertaining to this meeting, and which was received after the agenda was posted.

Any supplemental information or written communication pertaining to this meeting which was received after the agenda was posted, is attached.

Pursuant to City Council Policy 2021-01: City Council Rules section IV A., written Communications, interested persons or their authorized representative may address the Council by written communication on any matters concerning the City's business, or any matters over which the Council has control.

1. To be considered for inclusion in the agenda packet, such written communication shall be delivered to the City Clerk no later than 11 : 00 a.m. of the Wednesday the week preceding the regular Council meeting for which such written communication is intended.

2. If received after the above date and time, but no later than noon the day before the meeting, written communications received by the City Clerk shall be posted on the website by the end of that day and notification provided to the electronic Agenda mailing list by the end of the day. All written communications received by the City Clerk by 5 pm on the City Council meeting day shall be made available to the City Council and public at the City Council meeting.

City Council Policy 2017-02 is available at the online meeting portal at www.cotaticity.org or by request from the Deputy City Clerk at 707-665-3622 or [email protected]. 16 Packet Pg. 282
From: Terri Moon <[email protected]>
Sent: Monday, March 21, 2022 12:39 AM
To: Kevin Patterson <[email protected]>
Subject: Urban Agriculture, Agenda Item 11 A on 3/22/22 meeting Dear Cotati City Council Members,
I’m writing to you regarding agenda item 11A on the 3/22 City Council meeting. I will be offering a workshop at that time and will not be able to make public during that meeting, which is why I’m writing to you now.

I support urban agriculture and believe locally grown food contributes to a healthier, happier and more resilient community. For these reasons, I ask that you support urban agriculture! I urge you to allow agriculture throughout the city, regardless of zoning. In Sacramento, under the Sacramento Urban Ag Ordinance, this has been very successful and Cotati could replicate this success here!
Allowing agriculture, regardless of zoning can solve several concerns (which are likely to grow in the future): Providing more food, reducing greenhouse gases through carbon sequestration and create resilience and sustainability for local residents while increasing community garden options for renters who don’t own land or for community members to support each other in creating beauty and/or food for current and future generations.

I support installing community gardens in all zones, increasing the number of hens allowed to 20/acre, extending hours for machinery and mechanical equipment to 7 pm seven days/week, allowing on-site farm stands for all parcel sizes without a permit, and extending commercial crop production to all zones. I also support extending the ordinance passed by the Cotati City Council a few years back that restricted the use of pesticides on public lands, to include any and all urban agricultural spaces, which would protect community members from harmful pesticides and foster an attitude of care for our planet (an attitude that would increase resiliency and sustainability for all).

With gratitude for your consideration and support,
Terri Moon
______________________________________________________________ Terri Moon, MS
Mediation, Empathy & Heart-Based Communication (NVC) Trainings Distance healings, re-programming of core beliefs & fears and Young Living Essential Oils Mentor www.TerriMoon.com, 707-709-8574 (home/office), 707-591-1872 (cell/text) From: Dwight Sims <[email protected]>
Sent: Monday, March 21, 2022 12:12 PM
To: John Moore <[email protected]>; Susan Harvey <[email protected]>; Mark Landman <[email protected]>; Laura Sparks <[email protected]>; Ben Ford <[email protected]>; Kevin Patterson <[email protected]>
Subject: Proposed Urban Agriculture Ordinance
We were very surprised to read in Go Local Magazine that Cotati currently prohibits small commercial farms within the city limits. We lived for 26 years next to such a farm in Sebastopol and found them to be good neighbors, not at all like large industrial farms that people may be thinking of when they object to having a farm nearby or next door. Sonoma County is traditionally an agricultural community the character of which should be preserved, even in small cities like Cotati.

The farmer next to us plowed and mowed weeds once or twice a year and spread manure once a year, but he let us know when he would do that tractor work so we could close our windows to keep out any dust that might blow our way. And small tractor work is a great deal quieter than motorcycles, muscle cars, and leaf blowers which are currently allowed in Cotati. Otherwise the farm work was manual labor and did not interfere with our lives. The plus side was we watched his crop grow and had access to fresh organic produce.

In Point Reyes Station small farms are next to multi million dollar homes and have honor system farm stands where neighbors can chat with each other and with the farmer about their fresh produce. They also have a Community Supported Agriculture (CSA) weekly produce subscription program that is quite popular. A major benefit of having such farms in your community is that you can get local fresh food that is vastly superior to supermarket food in both nutrition and flavor. Local farms are good for the children in the community who can see where their food comes from, who grows it, the work that goes into providing their food, and that food does not just magically appear in supermarkets wrapped in cellophane. Kids have the opportunity to taste tomatoes fresh off the vine and perhaps try new kinds of vegetables or fruit that their neighbor grew. Having local farms near your home is fun! We are also surprised that the proposed ordinance might limit the number of chickens to only 12 per acre, surely not viable economically for the farmer. Increasing that number to 20 chickens per acre is still healthy for free range chickens and would have little or no impact on neighbors. We don’t see why there should be a 25 foot setback from the street for the farms as they have limited space to work with in the city. Our previous neighbor’s farm had no setback from our property line and it did not cause us any problems, nor traffic that might traverse the other side of the farm.

Based on our experience, we see no reason not to allow farming in NL "Neighborhood, Low Density” neighborhoods.

We encourage you to pass the proposed ordinance as soon as possible so that farmers can take advantage of this year’s growing season. An additional benefit to all of us living in Cotati is that we can enjoy the fruits of their labor sooner than later.

Sincerely,
Dwight Sims and Cathie Haynes
35 Page St.

Cotati, CA 94931
[email protected]
(505) 204-6874
[email protected]
(707) 494-5547
-----Original Message-----
From: [email protected] <[email protected]>
Sent: Thursday, March 17, 2022 10:30 PM
To: John Moore <[email protected]>
Subject: Urban Agriculture in Cotati
Dear City Council of Cotati,
It's recently come to my attention that the city of Cotati forbids the growing of crops for sale on one's own property, even if it is sold directly to others in the neighborhood. With the state of the world being what it is and food shortages imminent, this policy needs to change. It is time to localize our food supply and rely on the local economy. We build that economy by allowing food to be grown here. Cotati needs to extend commercial crop production to all zones.

Furthermore, CSA sales and farm stands need to be supported and allowed in all zones. Local families are looking to be more self-sufficient. As council members, please don't get in their way. Please increase the number of hens allowed to 20 per acre. The world is changing, and changing quickly. Cotati city council can either get on board or be left behind, wondering why are there so many empty shelves at the store.

Thank you for your time. I am counting on you all to do the right thing.

Lisa Clarke
From: Amy Lyman <[email protected]>
Sent: Monday, March 21, 2022 4:31 PM
To: Kevin Patterson <[email protected]>; Lauren Berges <[email protected]> Subject: Re: Agenda - Mar 22, 2022 (Tue) - Cotati City Council Hello
I’m writing to express my ongoing support for the resolution being considered at tomorrows City Council Meeting concerning amendments to Ordinance 3584 - Urban Agriculture Ordinance.

I have been following the efforts of the City Council, Planning Commission and Community Development department to consider proposed land use changes and greatly appreciate all of the time and energy that has been put towards changes that would expand the ability of some residential zones to support urban agriculture activities.

These proposed changes would be of benefit to all of Cotati, providing additional sources of locally grown food and food products to the community. The proposed changes also include appropriate boundaries to these activities that will enable small producers to comply with the guidelines and provide neighbors with recourse if any questions arise.

I am very much looking forward to seeing the changes implemented and benefiting from local agricultural products grown and raised right here in my hometown! Just adds to my pride in Cotati.

Best,
Amy Lyman
From: Joan Simon <[email protected]> Sent: Monday, March 21, 2022 11:50 PM
To: Kevin Patterson <[email protected]>; Mark Landman <[email protected]> Subject: Fwd: Cotati- Agricultural Zoning Change
Please Ignore prior letter inadvertently sent in the middle of drafting. This is the complete and correct version regarding Agen da #11 that should be included in the packet to Council members.

Please advise if you need my phone number. My address is included. . TO: MAYOR MARK LANDMAN AND THE COTATI CITY COUNCIL RE AGENDA ITEM #11 “The craziest thing I ever heard”
“ I see no need, no benefit, nothing but potential negatives” “Very alarming, universally undesirable in every way
All of the neighbors I have talked to here on the West Side about the city’s proposed zoning change (some quoted above) are appalled in every way at the prospect of allowing commercial agriculture zoning in the middle of our quiet residential neighborhood. Why haven't there been any study sessions or outreach surveys to members of potentially affected neighborhoods? Where is a map showing the affected areas? Cotati is a town- not a rural community. We are very opposed for reasons listed below.

1. There is nothing in the ordinance that actually promotes "healthy food" options nor do you really define what that means.
• Why is chemical fertilizer and pesticide storage and usage allowed? There is nothing healthy about that and no one wants to live near it. Yet you do not restrict the kind and amount of pesticides and chemicals used and stored at a single property. People can spray Roundup and let it drift onto neighboring property and there's nothing to stop them.
• Have you studied the potential health ramifications if there is a fire? • Have you considered the potential for ground water contamination? • How do you plan to ensure that local wildlife is not adversely affected? Why are we giving up Open Space to allow this disruption? How is that healthy for our environment?
• Have you looked into and considered any of the real world, long term public health and safety issues at all? This is clearly all theory and no practice.

2. Noise pollution. The proposed days and hours are unacceptable in every way. More people than ever now work at home and they depend on a quiet environment to do so. They can't effectively work with the level of noise and traffic that you are proposing. Not to mention the many children and elderly people who take naps. Moreover in a changing 24/7 work world you seem to assume that everyone is up early and commercial convenience should have preference over residents' comfort.
• Has the city done a survey of the work and sleep habits of the residents who would be most affected by this?
• Residents purchased their homes under the clear assumption that they had a right to the peaceful use and quietude of their property. How will you compensate them for the loss of this fundamental right currently provided to them by the city? Becasue you are now on official notice that you have been negligent to date in whatever study you have undertaken to make this zoning recommendation.

3. Water usage. Agriculture generally uses 80% of a community’s water resources versus 20% residential. In the middle of a drought the city should husband its resources, yet this plan encourages the opposite
• Why are you encouraging commercial water usage
• Are you going to limit agriculture to local, sustainable natives only? • Will a New Ag farmer be allowed to plant water intensive? • Have you calculated the impact of climate change on water resources if this plan is passed? How are you going to keep up with the science vs. economic impact of it all?

4. Walkable Cotati. The West Side where I live (and which has many parcels that would qualify to "Go AG” under this thoughtless plan) will stop being walkable if noisy equipment, spewing dust is allowed close to the road and trucks and farm stand customers are driving up and down our streets 12- 14 hours a day, including weekends. • Has the city calculated the cost to the city for repairing roads more often due to the increased car and truck usage?
• Have you assessed how many people walk these roads recreationally, when and where they come from?
• Have you calculated the health benefits gained?

5. Property Values People move to areas with larger lots because they want space, peace and quiet.
• Have you assessed what has happened to residential property values under similar situations?
• Will you compensate residential owners if values fall? • Will you help with moving and other expenses if people are forced out by the changing circumstances?
• Have you assessed the impact on city and county property taxes? • How will you regulate farm stand visual standards?

5. Traffic Impacts If each new "farm" has 2 workers you have doubled the traffic impact of that address upon the entire neighborhood. If 5 properties convert to agricultural you will bring in an extra 10 cars per day under this scenario. And that doesn't include the potential scores of weekend shoppers.
• Do you intend to do an EIR for each proposed neighborhood application?.

This plan will literally destroy currently peaceful neighborhoods and a sense of community:
causing neighbors to complain about each other in ways they never expected to. VOTE NO.

Respectfully submitted,
Joan Simon
618 West School Street

From: jennyb <[email protected]>
Sent: Tuesday, March 22, 2022 12:55 PM
To: John Moore <[email protected]>; Susan Harvey <[email protected]>; Mark Landman <[email protected]>; Laura Sparks <[email protected]>; Ben Ford <[email protected]>; Kevin Patterson <[email protected]>; Autumn Buss <[email protected]> Subject: March 22: Item 11.A: Ordinance to support urban agriculture Dear Cotati City Council
I urge you to support and approve the ordinance amending Title 17 of the Cotati Municipal Code to support small-scale urban agriculture and food production.

Small-scale, local, neighborhood agriculture is important to help all residents to have access to seasonal, locally-grown, fresh, organic produce; to support local enterprises and incubator businesses; and to encourage neighbor and community interaction.

I encourage you to:
• to increase the number of hens allowed to 20 per acre; • extend the zones in which urban agriculture would be allowed, to include the areas of the City currently designated as NL, Neighborhood Low Density*;
• to extend the hours of working to allow farmers the freedom to work in early mornings, evenings and at weekends as required to keep their operations viable; • to reduce requirements for setbacks;
• to ease requirements for parking spaces for produce stands. *(See Map PacketPg155 Zones )
From PacketPg 117 changes - with suggested change below:

Sincerely
Jenny Blaker
From: Peter Tscherneff <[email protected]>
Sent: Monday, March 21, 2022 4:28 PM
To: Kevin Patterson <[email protected]>
Subject: Plz place into PUBLIC COMMENT
The SULPHUR SYLLABIS as in
Biblical this years Easter to kick their
Keister…
Thomas Jefferson’s Bible “the Syllabis” pulled no
punches in disclosing his disdain of religious
“Serpent Seed” leaders from the Judeo – Christians.

In particular their sincerely fabricated Hypocrisy…
and afterall is not every church, temple & mosque in
the USA a verifiable Non- Prophet aka 501.C3 yess…
These Organized religions were/are Organized by
Fallen Angels, right? Yess
Their Greatest Coup over the Likes of You if you are
among their followers…. Is that Every Time they have
you “PRAY” to be simultaneously taking the Living
Lord’s name in Vain !!! For to ask for Guidance,
Direction or Assistance while denying the
Commandments whether the 10 or the TWO… is
basically Spitting into the Face of Almighty God….

And then how many pay these deceivers, Good Lord!
For to Break One Command BREAKS them All ! These
patriarchal Serpent Seed leaders made sure to
EXCLUDE the ESSENES Gospel whereas the Master
Carpenter SPEAKS the Most as a hardcore VEGAN
explaining Murder includes all Sentients (Animals)..
this being WHY the Jewish Animal herders put Him on
the Cross…. They are one & the same as those who
Murder 14 Million L:ife Loving Animals TODAY &
Everyday and so too those who support this industry.

Yeshua said “I am always with you” “Follow Me” and “I came not to bring Peace but a SWORD” Christ Being Vegan, Yess A Vast Majority of Christians & Muslims by their own
definition are Vampires aka Satanic…. For to be the Opposite direction instead of following Him makes it so…. Don’t you agree??? In other words to pray for Peace while ingesting murdered Animals keeps amusing (barely) the Fallen
Angels…(As You do to the Least of Me you do unto yourself) Organized Religious Hierarchies like the 13 Usurist banker families are Top of the food chain Vampires w National
Zionists (Na-Zi’s) and Jesuits (Jewish mostly) running
politicians & their greedy Minion BAR Association LIARS aka lawyers… They relish Adrenochrome on their high holidaze w Ritualized murder of children (As you do unto the Least) COME YE out of the WHORE of organized
thievery & deceptions… to cease for Peace,
to stop the killing simply STOP the Killingg
“Can’t Serve God & Mammon both” Clint
Eastwood in PALERIDER…..( I am Peter )
The American PORTS have been SHUT over 8 weeks to Fulfill the Freedom Rose Prophecy, Making the 10 Commandments
as ONE … freeing Leonard Peltier our US
Constitution, all children & Animals & Earth
Many rightfully refuse Vaccines yet ingest murdered Sentient flesh filled w harmful vaccines from the very same Big
PHARMA… that provides SULPHA Drugs w numerous
injurious side effects… Sulpha as in SULFUR from Hell…..

Thee WHITE ROSE………..

The era was over for being Humble
The Spark lit the Dark unto the Rumble….

Rainbow Warriors of Spirit most certainly did Hear it
As to all Greed’s Corruptions We did Clear it…
Spit Muscle Gel Tone
Oppressors shredded to the bone
Telum Told ‘em w Authority’s Rhyme
This Being Our Moment in Time….

All True Hearted Arisen on Tip Toes…
Igniting the Awesome Blossom of the WHITE ROSE
As all worldly oppressions we made Cease
Blossoming thee Beautiful White Rose of Peace
All children All Animals forever set FREE…
All in accordance to Freedom Rose Prophecy
Ceased the Coal ceased the Oil
Warriors Arisen now Truly Being ROYAL
Opening thee Genesis Gardens of Thee Promised
Land Beautifully Lovingly by Almighty Command
From: Maddy Hirshfield <[email protected]>
Sent: Tuesday, March 22, 2022 3:59 PM
To: Mark Landman <[email protected]>; Susan Harvey <[email protected]>; Ben Ford <[email protected]>; John Moore <[email protected]>; Laura Sparks <[email protected]> Cc: Damien O'Bid <[email protected]>; Kevin Patterson <[email protected]> Subject: Council Meeting Agenda Item 11A
March 22, 2022
Dear Mayor Landman and Councilmembers:

We are writing about the Public Hearing item on your March 22, 2022 agenda “An Ordinance of the Council of the city of Cotati adopting amendments to Title 17 (Land Use) of the Cotati Municipal Code to support urban agriculture”. We believe that as proposed it is too broad in its scope at the expense of residential neighborhoods.

The intent is to allow crop production, horticulture, orchard & vineyard land use as a BY-RIGHT permitted use in the Rural Residential, Residential Very Low Density, Open Space Recreation and Open Space Conservation zoning districts, allowing for commercial agriculture in those zones.

Here are some of our key concerns:

1. The proposed changes should require a Use Permit. Farming has unique impacts and not all parcels will be compatible with these uses or may require different setbacks for nearby neighbors to continue to have peaceful enjoyment of their properties. The Use Permit process provides flexibility and for examination of each application on a case-by-case basis.

2. Specifically, we have the following concerns about the Zone Code amendments:
• Hours of machinery and mechanical equipment operation: The hours of 7am7pm weekdays and 9am-5pm weekends and holidays will be very disruptive to neighboring residents. The hours derive from construction hours but for comparison purposes, construction has an end and these urban farms will be ongoing. Please also keep in mind that since the pandemic began, many people now work from home so these noisy operations may be especially disruptive. • Some farm equipment produces noxious fumes. There need to be restrictions on the type of farm equipment that can be used.
• Hours of business-related traffic: Please see the same concerns above. • Hours of vehicular loading and departure: 5am – 8pm weekdays, 6am-6pm weekends- are you creating a commercial district within these residential areas? These hours simply are not compatible with a residential neighborhood. • Setbacks: There should not be “one size fits all” setback requirements. Farm equipment operating within 10’ of a side interior is far more disruptive than a structure. What controls will be around access and neighboring or shared driveways?
• Increasing the number of chickens allowed could amount to as many as 120 chickens on a 10 acre parcel. Chickens create odors and can attract rodents, especially in numbers of this size. Again, this is completely incompatible with residential use. If this change is adopted, what controls will be in place? Please consider that there will be many unintended consequences resulting from this overly permissive change. Again, we ask that a Use Permit requirement be put in place so that the application for each project can be evaluated based on its own merits and impacts. This would mean affected neighbors would be taken into consideration and residents will have recourse.

Thank you,
Maddy Hirshfield
Janet Orchard
8866 Cypress Avenue
Cotati
Honorable Councilmembers:

We would like to offer comment on the item you are hearing tonight: “An ordinance of the Council of the City of Cotati adopting amendments to Tile 17 (Land Use) of the Cotati Municipal Code to support urban agriculture.”
While we don’t object to urban farming, the ordinance as written could lead to some very unhappy neighbors.

We object to crop production, horticulture, orchard, vineyard land use as a BY-RIGHT permitted use in the Rural Residential, Residential Very Low Density, Open Space, Recreation and Open Space, Conservation zoning districts, allowing for commercial agriculture in those zones. Each property that will qualify will be unique in both size and proximity to neighbors. While a five-foot setback may work well on one property, it may result in noisy activity right outside another’s home. By Right prevents the City’s ability to evaluate impacts and set conditions that would lessen negative impacts on nearby residents.

Please maintain the Use Permit process.

We disagree with the hours of operation, as well as the hours of use for machinery and mechanical equipment across the board. In some instances, you suggest allowing hours of operation as early as 5am. This may be appropriate in a commercial zone, but certainly not where people are living. While we have a handful of RR and RVL lots in Cotati, the majority are just 1-2 acres, and even the larger ones are quite near residential properties with people that will be impacted – this must be considered. As the zoning acronyms imply, these are RESIDENTIAL areas, not agriculture, not commercial, not retail. No activities should begin before 8am on weekdays, and later on weekends/holidays.

We have a concern about farm stands or other commercial activity in these areas especially without a use permit. Again, size, hours of operation and proximity to residences, driveways, walking paths, etc need to be considered. Will farm stands evolve into pumpkin patches, corn mazes, tasting rooms, industry events to market products? Commercial and retail activity belong in commercial and retail zones.

Not for profit, educational and charitable organizations will have the same impacts as those that aren’t and should not be evaluated differently or preferentially. Impacts are impacts and just as disruptive even if the disrupting is done by “good guys.”
We also have concerns about spraying of herbicides. We have observed neighbors spraying crops sometimes in windy conditions allowing chemical drift onto neighboring properties. There should be specific and very clearly stated regulations on when and what chemicals can be sprayed, spraying setbacks from neighboring properties and noticing neighbors so that they can protect pets by bringing them indoors, and protect themselves and their families by closing windows, etc. Our preference would be to see use of these chemicals banned altogether on all properties.

On that note, please consider disallowing the use of heavy diesel fueled farm equipment that spreads noxious fumes into nearby residences.

Last, we are concerned about noticing on this item. We were alerted to it by a post on-line yesterday.

This is a major change and should have been noticed beyond posting the agenda in the normal ways.

Impacted neighbors should have been noticed. At the very least it should have been posted on the board downtown where people would see it. At best, a townhall would have been held where resident concerns could be fleshed out. We suggest continuing this item until public outreach can be achieved.

Best regards,
Pat and Ed Gilardi, Cotati