Agenda packet — Cotati City Council, March 22, 2022 (part 1 of 2)

AGENDA

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY Tuesday March 22, 2022
6:00 PM REGULAR MEETING
Pursuant to AB 361 (2021), Teleconference Restrictions of the Brown Act Have Been Suspended, as Well as the Requirement to Provide a Physical Location for Members of the Public to Participate in the Meeting.

Cotati City Council and Planning Commission Meetings will be conducted virtually through Zoom Online video conferencing, and will still be available to watch or listen live in the following ways:

1. Using the following online livestream meeting portal link: http://cotaticityca.iqm2.com/citizens/default.aspx;

2. Cable T.V. Broadcast, local channel 28
Members of the public can participate in the meeting online by selecting “Join a Meeting” at Zoom.us. The credentials for joining the meeting are provided below:

Webinar ID: 830 1334 5846
Passcode: 658266
If you do not have the ability to join online, but would like to participate in the meeting, you can call into the meeting using your telephone, by dialing one of the following numbers and entering the meeting credentials:
1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 301 715 8592 or +1 312 626 6799 or +1 929 436 2866
Attendees may join the meeting any time after 5:45 pm. Attendees will be muted until they are called upon for Public Comment. To make a public comment, use the “raise hand” icon on your smart device or desktop computer, or dial *9 if you are using just your telephone. Please listen carefully for the Mayor or City Clerk to address you by name (or phone number) and for the audible Zoom notification that you have been unmuted.

Once you begin your public comment, your three minutes will begin.

If you would prefer to submit public comment in writing, please email your comments to [email protected]. If you are commenting on a specific agenda item or items, please state the agenda item number(s) in the subject line of the email. All comments received via email will be provided to the City Council or Planning Commission in writing and included as a part of the record of the meeting.

If you have a disability which requires an accommodation or an alternative format to assist you in observing and commenting on this meeting, please contact the Deputy City Clerk, Kevin Patterson, at [email protected] (707) 665- 3622 48 hours in advance to ensure arrangements for accommodation. ###
The Cotati City Council welcomes you to its meetings that are generally scheduled for the 2 nd and 4th Tuesday
of every month. Your interest and participation are encouraged and appreciated.

City Council meeting agendas, minutes and recordings are posted on the City’s Meeting Portal at www.cotaticity.org. For questions about the agenda or to receive the City Council agenda by e-mail, contact the Deputy City Clerk at [email protected] or 707-665-3622.

Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda.

Cotati City Council Agenda March 22, 2022

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Any writings or documents provided to a majority of the Cotati City Council regarding any item on this agenda will be made available for inspection in the online Meeting Portal at www.cotaticity.org and in the City Manager’s office located at 201 West Sierra Avenue, Cotati, California, during the City’s posted business hours.

Disabled Accommodation: Upon request, this agenda will be made available in appropriate formats to persons with disabilities as required by Section 202 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk at (707) 665-3622 at least 48 hours in advance of the meeting.

Public Comment (Action items): Public comment on any one agenda item where the City Council will be taking some action is limited to no more than three (3) minutes per person. Action items are typically designated on the agenda title.

Public Comment (Non-Action items): Public comment on non- action agenda items shall be received during the designated portion of the agenda. Comments shall be limited to no more than three (3) minutes for all nonaction agenda items.

Waiver Warning: If you challenge decisions/direction of the City Council of the City of Cotati in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Cotati at, or prior to, the public hearing(s).

City Council meetings are conducted according to City Council Policy 2021-01: City Council Rules. This policy available for inspection in the online Meeting Portal at www.cotaticity.org and in the City Manager’s office located at 201 West Sierra Avenue, Cotati, California, during the City’s posted business hours.

Persons wishing to address the Council are not required to identify themselves or complete a speaker card; (Gov’t. Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and it assists the City Clerk in preparing the City Council meeting minutes.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED

UNDER THIS AGENDA (ACTION)
A. COTATI CITY COUNCIL - REGULAR MEETING - MAR 8, 2022 6:00 PM

5. ANNOUNCEMENTS
A. Meeting Orientation for New Attendees/Viewers. In conformance with the Brown Act and the adopted City Council Rules, the meeting agenda includes items labeled as Action Items, where the City Council will consider the item and citizens are afforded the opportunity to provide comments relevant to the item being discussed. The meeting agenda also includes a Citizens Business item, which is the designated place on the agenda where citizens have the right to say whatever they wish.

Cotati City Council Agenda March 22, 2022

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The City Council may, or may not, choose to respond to comments, as the Government Code allows. However, if the City Council declines to respond, it should not be perceived as giving credence to or agreeing with any statements that the City Council or its members believe are incorrect, misinformed or purposefully biased.

B. Measure S supports police services, a variety of recreation programs for all ages, and the maintenance of our streets, parks, and public buildings. See details on the web at cotaticity.org
C. Citizens interested in receiving City of Cotati community alerts via text or email are encouraged to sign up with Nixle by downloading the Everbridge app from the IOS or Android app store or by texting your zip code (94931) to 888777.

D. Like always, we love to hear from you, so please feel free to contact the City at 707- 792-4600 or [email protected]. If you have a non-emergency issue after normal business hours, you can contact us at 707-792-4611 and of course if you have an emergency, please contact 9-1-1. Continue to look for updates on the City's website and social media channels available on Facebook, Instagram, Nixle, and Nextdoor.

6. PROCLAMATIONS
A. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI

DECLARING NATIONAL SURVEYORS WEEK

7. APPROVAL OF FINAL AGENDA (ACTION)

8. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS
Any member of the public wishing to speak to the Council on any item(s) listed on the Consent Calendar or any matter(s) not listed on the agenda that are within the subject matter jurisdiction of the Council may do so at this time. Pursuant to the Brown Act, the Council is not allowed to consider issues or take action on any item not listed on the agenda during this period. Pursuant to City Council Policy 2021-01, comments of any member of the public are normally restricted to a total of three (3) minutes in length per person for matters not on the agenda and a total of three (3) minutes per person in length for any and all items on the Consent Calendar. The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested.

9. CONSENT CALENDAR (ACTION)
A. CONSIDER AMENDING THE BUDGET FOR THE WEST SIDE STREET

PROJECT TO ACCOUNT FOR EXTRA WORK
It is recommended the City Council adopt a resolution approving amending the West Side Street Project budget to account for added scope of work and authorizing the transfer of funds to the project account.

B. APPROVAL OF THE PUBLIC IMPROVEMENT AGREEMENT, AND

ACCEPT THE ASSOCIATED DEDICATION OF EASEMENTS FOR PUBLIC

PURPOSES FOR THE SANDELL DISTRIBUTION WAREHOUSE PROJECT LOCATED AT 380 BLODGETT STREET
Cotati City Council Agenda March 22, 2022

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It is recommended the City Council of the City of Cotati adopt a resolution to:

1. Approve the Public Improvement Agreement substantially in the form attached; and

2.Accept the Public Utility Easement Agreement substantially in the form attached ; and

3. Accept the Water Line Easement Agreement substantially in the form attached; and

4. Accept the Irrevocable Offer of Dedication of the Blodgett Street extension; and

5. Approve a professional services agreement with Moe Engineering for construction inspection services for on-site and public improvements for an amount not to exceed $23,000; and

6. Authorize the City Manager to sign and record, or cause to be recorded, the aforementioned Public Improvement Agreement, and public right of way dedication, public utility easement, and the water line easement and to take any such other and further action as may be necessary to carry out the intent of the attached Resolution.

C. AWARD OF THE CONSTRUCTION CONTRACT FOR THE OLD

REDWOOD HIGHWAY TRAFFIC FLOW IMPROVEMENTS PROJECT
It is recommended the City Council adopt a resolution awarding the Old Redwood Highway Traffic Flow Improvements Project Construction Contract to DC Electric Group, Inc. and authorizing the City Manager to execute the Construction Contract and associated construction support agreements for the Project, including any needed Change Orders or amendments to those contracts up to the approved project budget.

10. DIRECTION ON FUTURE AGENDA ITEMS

11. PUBLIC HEARINGS (ACTION)
A. 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
It is recommended by the Planning Commission and the Community Development Department that the City Council introduce an ordinance to allow small-scale urban agriculture and food production in various zoning districts throughout the city, and change the zoning of the Veronda-Falletti Ranch property (175 W. Sierra Avenue) from Neighborhood, Low Density (NL), to Open Space, Recreation (OSR).

12. REGULAR AGENDA (ACTION)
A. 2021 HOUSING ANNUAL PRODUCTION REPORT (APR) AND

INFORMATIONAL UPDATE
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.

B. DISCUSS FORMAT OF FUTURE CITY MEETINGS
Cotati City Council Agenda March 22, 2022

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It is recommended that the City Council discuss when future city meetings should return to in-person hybrid and provide direction to staff.

13. CITY MANAGER'S REPORT

14. CITY COUNCIL MEMBER REPORTS

15. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

16. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED

17. ANNOUNCEMENT OF CLOSED SESSION TOPICS/ADJOURNMENT TO

CLOSED SESSION
A. CONFERENCE WITH UNREPRESENTED EMPLOYEES
(GOVERNMENT CODE SECTION 54957.6) CITY DESIGNATED
REPRESENTATIVE: CITY MANAGER OR DESIGNEE. EMPLOYEE
ORGANIZATION: UNREPRESENTED

18. REPORT OUT OF CLOSED SESSION

19. ADJOURNMENT
Certification of Posting of the Notice: I declare under penalty of perjury that I am employed by the City of Cotati and that I posted this notice on the City's website, bulletin boards of City Hall, Veterans' Memorial Building and the SMART Train Depot, on or before March 18, 2022.
/s/ Kevin Patterson, Deputy City Clerk

MINUTES

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday March 8, 2022
6:00 PM REGULAR MEETING

1. CALL TO ORDER

2. ROLL CALL
Attendee Name Title Status Arrived
Mark Landman Mayor Remote
Susan Harvey Vice Mayor Remote
Laura Sparks Councilmember Remote
Ben Ford Councilmember Remote
John C. Moore Councilmember Remote
Staff present: City Attorney John Bakker, City Manager Damien O’Bid, City Clerk Lauren Berges, Police Chief Michael Parish, Director of Public Works/City Engineer Craig Scott, Director of Administrative Services Angela Courter, Director of Community Development Noah Housh

3. PLEDGE OF ALLEGIANCE
Mayor Landman asks for moment of silence in respect and support of the people of Ukraine

4. APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED

UNDER THIS AGENDA (ACTION)
A. COTATI CITY COUNCIL - SPECIAL JOINT MEETING - FEB 22, 2022 5:30 PM
No public comment
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Laura Sparks, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore
B. COTATI CITY COUNCIL - REGULAR MEETING - FEB 22, 2022 7:30 PM

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Minutes Acceptance: Minutes of Mar 8, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes March 8, 2022

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No public comment
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Laura Sparks, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore

6. PROCLAMATIONS
Mayor Landman reads proclamation declaring March 2022 as Red Cross Month in the City of Cotati.

Natalie Henry of the American Red Cross receives proclamation Councilmembers comment
No public comment
A. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI FOR AMERICAN RED CROSS MONTH 2022

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Minutes Acceptance: Minutes of Mar 8, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes March 8, 2022

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7. APPROVAL OF FINAL AGENDA (ACTION)
No changes
No public comment

8. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS
No public comment

9. CONSENT CALENDAR (ACTION)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Ben Ford, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore
A. ADOPTION OF A RESOLUTION TO CONTINUE CONDUCTING

COUNCIL, COMMISSION, AND COMMITTEE MEETINGS REMOTELY

DUE TO HEALTH AND SAFETY CONCERNS FOR THE PUBLIC

10. DIRECTION ON FUTURE AGENDA ITEMS
None

11. REGULAR AGENDA (ACTION)
A. REVIEW OF PROPOSED SONOMA WATER TRANSMISSION SYSTEM
BUDGET FOR FISCAL YEAR 2022-23
Presentation by Director of Public Works/City Engineer Craig Scott and Division Manager Lynne Rosselli of Sonoma Water
Councilmembers comment
No public comment
RESULT: ADOPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: John C. Moore, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore
B. RESOLUTION CONDEMNING THE RUSSIAN INVASION OF UKRAINE Presentation by City Manager Damien O'Bid
Councilmembers comment
No public comment

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Minutes Acceptance: Minutes of Mar 8, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes March 8, 2022

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RESULT: ADOPTED [UNANIMOUS]
MOVER: John C. Moore, Councilmember
SECONDER: Laura Sparks, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore

12. CITY MANAGER'S REPORT
Report by City Manager Damien O'Bid
Councilmembers comment

13. CITY COUNCIL MEMBER REPORTS
Councilmembers report out on local and regional meetings and events

14. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS
No public comment

15. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
A. SUPPLEMENTAL INFORMATION RECEIVED AFTER THE AGENDA
WAS POSTED.

16. ADJOURNMENT
Mayor Landman adjourns the meeting at 7:08 pm
Certification of Posting of the Notice: I declare under penalty of perjury that I am employed by the City of Cotati and that I posted this notice on the City's website, bulletin boards of City Hall, Veterans' Memorial Building and the SMART Train Depot, on or before March 4, 2022.
/s/ Lauren Berges, City Clerk

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Minutes Acceptance: Minutes of Mar 8, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Consider Amending the Budget for the West Side Street Project to Account for Extra Work
Date: March 22, 2022
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council adopt a resolution approving amending the West Side Street Project budget to account for added scope of work and authorizing the transfer of funds to the project account.

Background
On August 24, 2021, the City Council awarded the construction contract for the West Side Street Project. Work has been progressing on this project, however, due to the extended schedule and work added to the Project by the City, additional budget is needed to complete the Project with the additional work items requested by the City.

Analysis/Discussion
The West Side Street Project (Project) extents are shown on the attached figure and consists of full depth reclamation (FDR) for West School Street, Richardson Lane, West Cotati Avenue, John Roberts Drive, Robin Avenue and Condor Court and milling and overlay of Old Redwood Highway between Page Street and Valparaiso. The Project also includes installation of a decomposed granite pathway along West School Street between West Sierra Avenue and the tunnel and reconstructing the pathway in front of the tunnel and extending to the new pathway to the south and to existing sidewalk to the north. A wooden guardrail is to replace the existing metal guardrail near the tunnel.

The early significant rainfall event in October pushed the project into November where low temperatures and the chance of rain events prevented the contractor from proceeding with the full depth reclamation (FDR) portion of the work. Progress was made over the past several months on other project components consisting of the West School Street Pathway, paving Old Redwood Highway between Page Street and Valparaiso, and shallow utility preparation work.

Also, during this time, the City’s design consultant and contractor have established design and

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construction costs for additional work requested by the City after award of the construction contract. Although the project can be completed within the prior authorized budget without the added work, the City would benefit from the completion of the added work as these work items improve City streets and bicycle and pedestrian safety.

The added work are streets needing paving in the vicinity of the originally scoped project. There are cost efficiencies in paving these streets now rather than later as they are adjacent and similar work to the current project. Additionally, it is impractical (and costly) for a contractor to add these streets to another project as they would be isolated from that later work.

Financial Considerations
On June 8, 2021, City Council approved the City’s FY 21/22 budget and the budget includes the Project with a total Project amount of $3,439,000. This Project Amount is to cover carry over design costs, construction and Construction Management costs.

With a low bid of $3,095,133, the Project budget amount was revised to $3,704,000, at time of award in August 2021. The increased budget at that time required a budget appropriation from the unappropriated General Fund balance of $265,000. The roads in the Project are not federal aid eligible (except for the section of Old Redwood Highway from Page to Valparaiso), so this project budget is from City funds.

The Project cost has increased due to added scope and the extended construction schedule and additional budget is needed beyond the original contingency amount. The following table lists the changes to Project costs:

Description Cause Cost
Rehabilitate Braden Court, pave W.

School Street west of Richardson Lane to
City limits. Added speed humps on W.

Cotati Avenue.

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extended schedule
Total Added costs $389,913.00
Original Contingency $213,013.00
Known expenses beyond budget $176,900.00
Contingency to complete project $200,000.00
Requested additional funds $376,900.00
These costs are from formal quotes from the contractor to complete this work and would become part of the contract documents once change orders for this work are executed by the contractor and City (by the City Manager as authorized by City Council). Funding for this increase is proposed to come from the recently approved financing for the City’s street improvement projects and outstanding unfunded accrued liability to the California Public Employees Retirement System.

Environmental Issues
The West Side Street Project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines as it consists of the repair and maintenance of an existing facility.

Attachments:

West Side Project Map with Changes(PDF)

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CITY OF COTATI
1401 Willow Pass Road, Suite 500, Concord CA. 94520
www.WeAreHarris.com (925) 827-4900
City of Cotati WEST SIDE

STREET PROJECT

KEY MAP

PAVEMENT REHABILITATION
Extend W School St
paving to City Limits
Rehabilitate
Braden Ct

INSTALL

SPEED HUMP

AND SIGNAGE

INSTALL

SPEED HUMP

INSTALL

SPEED HUMP

INSTALL

SPEED HUMP

AND SIGNAGE

DECORATIVE

GUARD RAIL DESIGN
(INCLUDE DEEP LIFT ASPHALT OVER

SHALLOW UTILITIES)

SPEED HUMPS

DECORATIVE GUARD RAIL
DESIGN

REHABILITATE BRADEN
COURT

EXTEND W SCHOOL ST

PAVING TO CITY LIMITS
SCOPE

ORIGINAL
(ADDED CHANGE ORDER)

ORIGINAL

ADDED CHANGE
ORDER

INSTALLATION OF DECOMPOSED GRANITE

PATHWAY ALONG WEST SCHOOL ST BETWEEN
WEST SIERRA AVE AND TUNNEL. RECONSTRUCT

PATHWAY IN FRONT OF TUNNEL AND EXTEND NEW

PATHWAY TO THE SOUTH AND TO EXISTING

SIDEWALK TO THE NORTH TUNNEL

REPLACE EXISTING

METAL GUARDRAIL NEAR

THE TUNNEL WITH

WOODEN GUARDRAIL

COTATI WEST SIDE MAP

ORIGINAL AND ADDED CHANGE ORDER SCOPE

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Attachment: West Side Project Map with Changes (West Side Street Project budget) RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING

INCREASING THE BUDGET FOR THE WEST SIDE STREET IMPROVEMENTS

PROJECT FOR ADDITIONAL COSTS INCURRED FROM ADDED WORK AND AN

EXTENDED SCHEDULE AND AUTHORIZING THE TRANSFER OF FUNDS TO THE

PROJECT ACCOUNT
WHEREAS, on August 24, 2021, the City Council awarded the construction contract for the West Side Street Project and Work has been progressing on this project, however, due to the extended schedule and work added to the Project by the City, additional budget is needed to complete the Project with the additional work items requested by the City; and WHEREAS, the West Side Street Project (Project) extents are shown on the figure attached to the staff report and consists of full depth reclamation (FDR) for West School Street, Richardson Lane, West Cotati Avenue, John Roberts Drive, Robin Avenue and Condor Court and milling and overlay of Old Redwood Highway between Page Street and Valparaiso and the Project also includes installation of a decomposed granite pathway along West School Street between West Sierra Avenue and the tunnel and reconstructing the pathway in front of the tunnel and extending to the new pathway to the south and to existing sidewalk to the north, and a wooden guardrail is to replace the existing metal guardrail near the tunnel; and WHEREAS, the early significant rainfall event in October pushed the project into November where low temperatures and the chance of rain events prevented the contractor from proceeding with the full depth reclamation (FDR) portion of the work; and WHEREAS, progress was made over the past several months on other project components consisting of the West School Street Pathway, paving Old Redwood Highway between Page Street and Valparaiso, and shallow utility preparation work, and, during this time, the City’s design consultant and contractor have established design and construction costs for additional work requested by the City after award of the construction contract; and WHEREAS, although the project can be completed within the prior authorized budget without the added work, the City would benefit from the completion of the added work as these work items improve City streets and bicycle and pedestrian safety; and WHEREAS, the added work are streets needing paving in the vicinity of the originally scoped project, and there are cost efficiencies in paving these streets now rather than later as they are adjacent and similar work to the current project, and, it is impractical (and costly) for a contractor to add these streets to another project as they would be isolated from that later work; and
WHEREAS, on June 8, 2021, City Council approved the City’s FY 21/22 budget and the budget includes the Project with a total Project amount of $3,439,000. This Project Amount is to cover carry over design costs, construction and Construction Management costs; and WHEREAS, at the time of award of the construction contract, the Project budget amount was revised to $3,704,000, and the increased budget required a budget appropriation from the unappropriated General Fund balance of $265,000; and
WHEREAS, the roads in the Project are not federal aid eligible (except for the section of Old Redwood Highway from Page to Valparaiso), so this project budget is from City funds; and WHEREAS, the Project cost has increased due to added scope and the extended Packet Pg. 14
construction schedule and additional budget is needed beyond the original contingency amount, and the following table lists the changes to Project costs:

Description Cause Cost
Rehabilitate Braden Court, pave W.

School Street west of Richardson Lane to
City limits. Added speed humps on W.

Cotati Avenue.

City requested
added work
$119,388.90
Decorative Guard Rail Design City requested
added work
$53,501
Deep lift Asphalt over shallow utilities in
FDR streets
Additional
measures
negotiated with
contractor
$100,410.10
Revised design elements - various Negotiated with
contractor
-$9,207
Construction Management amendment Additional work
scope and
extended schedule
$86,930.00
Design Assistance during construction -
amendment
Additional work
scope and
extended schedule
$38,890.00
Total Added costs $389,913.00
Original Contingency $213,013.00
Known expenses beyond budget $176,900.00
Contingency to complete project $200,000.00
Requested additional funds $376,900.00
and,
WHEREAS, these costs are from formal quotes from the contractor to complete this work and would become part of the contract documents once change orders for this work are executed by the contractor and City (by the City Manager as authorized by City Council), and funding for this increase is proposed to come from the recently approved financing for the City’s street improvement projects and outstanding unfunded accrued liability to the California Public Employees Retirement System; and
WHEREAS, the West Side Street Project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines as it consists of the repair and maintenance of an existing facility.

NOW THEREFORE LET IT BE RESOLVED by the Council of the City of Cotati that:

All of the above recitals are true and correct and incorporated herein by reference; and

1. The West Side Street Project budget is increased from $3,704,000, by and amount of $376,900, to $4,080,900, and

2. The City Manager (or designee) is authorized to execute change orders to the existing construction contract for the Project, and amendments to the construction management Packet Pg. 15
and inspection agreement and the engineering assistance during design agreement and miscellaneous Project expenses up to the Project’s revised budgeted amount, and

3. Approval of an appropriation from the recently approved financing for the City’s street improvement projects and outstanding unfunded accrued liability to the California Public Employees Retirement System to the West Side Street Project account in the amount of $376,900.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the March 22nd, 2022, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Approval of the Public Improvement Agreement, and accept the associated dedication of easements for public purposes for the Sandell Distribution Warehouse Project located at 380 Blodgett Street
Date: March 22, 2022
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council of the City of Cotati adopt a resolution to:

1. Approve the Public Improvement Agreement substantially in the form attached; and

3.Accept the Public Utility Easement Agreement substantially in the form attached ; and

4. Accept the Water Line Easement Agreement substantially in the form attached; and

5. Accept the Irrevocable Offer of Dedication of the Blodgett Street extension; and

5. Approve a professional services agreement with Moe Engineering for construction inspection services for on-site and public improvements for an amount not to exceed $23,000; and

Background
On September 28, 2021, the City Council accepted the recommendations of the Planning Commission and adopted resolutions approving environmental documents, an ordinance change allowing Storage-Warehouse and indoor storage with a Use Permit, and a Use Permit and Preliminary/Final Design Review for the proposed Sandell Distribution Warehouse Project (Project). The Project consists of a 54,064 square foot warehouse to be used by a moving and storage company with the outdoor storage of portable storage containers. Following tonight’s City Council action on the Public Improvement Agreement, and related easements and dedications, the development would be constructed with administrative approvals for construction permits and payment of fees.

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Analysis/Discussion
Following the Final Design approvals provided at the September 28, 2021, City Council meeting, the “Entitlement” phase of the Project ended and the “Improvement” phase began. The first step of the Improvement phase was initiated with the submittal by the Developer of the draft Improvement Plans and Real Property applications for review by the City Engineer, Community Development Director, Police Chief, Building Inspector, and the Rancho Adobe Fire District Fire Marshal. Additional steps undertaken since the Council Project approval include working to satisfy the Condition of Approval items including the storm water requirements and preparation of the Public Improvement Agreement. Improvement Plans (“Plans”) were submitted and reviewed and the applicant has substantially finalized the Plans. There are only a limited number of relatively minor revisions needed for the Plans to be accepted by the City Engineer. The Plans were checked for conformance with the entitled Project approved by City Council and with the Final Design Review, and with City engineering standards and Fire District requirements. The Plans are at a construction level of detail for both private and public improvements and are incorporated into the Public Improvement Agreement.

Public Improvement Agreement
The attached Public Improvement Agreement (PIA), between the City and Sandell Holdings, LLC, has been prepared and reviewed by City Staff and the City Attorney and is recommended to authorize the approval in substantially the form attached. A PIA is required to ensure the public improvements within the area to be dedicated as right-of-way (i.e. the Cul-De-Sac) are constructed and to the City’s satisfaction. The improvements are to be in place before the City grants occupancy as these improvements are needed to serve the proposed use.

The PIA specifies the improvements to be completed, the total estimated cost of these improvements and provides security for completing the work. Once complete, the PIA requires a warranty of the improvements for one year. The PIA includes the full legal description of the property, and the portion of the property to be dedicated to the City (a new Cul-De-Sac at the western end of Blodgett Street).

The attached Public Utility Easement Agreement and Irrevocable Offer of Dedication Agreement are agreements to convey the land at the end of Blodgett Street for public uses and provide for a public water easement, respectively. The Public Water Easement provides a means for a future pipeline, identified in the City’s Water Master Plan, to be connected to a water pipeline in Helman Avenue. An additional easement through the neighboring property, owned by the Mosquito Abatement District, would be required to complete the connection. The future pipeline is not needed to serve the subject Project but rather provide for future system capacity and reliability.

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The Improvement Plans specifically include the following public improvements:

1. Street improvements including street pavement, curb and gutter, sidewalk, driveways, monuments, street lights, striping and signs, and slurry seal,

2. Storm drainage including conventional storm drain features (inlets, pipelines, sidewalk drains), and Low Impact Development features (bioswales and linear retention basin),

3. Sanitary sewer improvements including the extension of the City sewer in Blodgett Street to the subject property,

4. Water improvements consisting of extension of the existing public water main in Blodgett to the subject property,

5. New street lights in the Cul-De-Sac,

6. Landscaping including soil preparation, interpretive signs, plantings for common use areas and street frontages,

7. All dry utilities (gas, electric, and communications).

An itemized engineer’s cost estimate for these improvements is included as an attachment to the PIA.

Regarding storm water low impact development (LID) requirements, the calculations and design submitted as part of the entitlement phase were finalized and resubmitted to the City. The City Engineer and City consultant have reviewed and approved the submitted calculations and design which are shown on the Improvement Plans. Additionally, the Developer has submitted to the City the Declaration of Covenants Regarding Maintenance of Storm Water Best Management Practice Facilities to ensure the LID features are maintained for their continued effectiveness in slowing, treating and sinking storm water.

The City issued a request for proposals in August 2019, and determined Moe Engineering to be the most qualified to perform construction inspection services. City staff requested and Moe Engineering provided a proposal to provide inspection services for the Project. Staff has reviewed the proposal and finds it to be fair and reasonable and recommends it for approval.

Financial Considerations
The processing of the development application documents including the Public Improvement Agreement, easement dedications, and improvement plans are paid for by the Developer through

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a cost recovery account. City inspections of the construction is managed similarly with a deposit account to pay the City’s expenses, including consultants.

Environmental Issues
On September 28, 2021, City Council adopted Resolution Number 2021-51 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sandell Distribution Warehouse Project and made the required findings pursuant to the California Environmental Quality Act.

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RESOLUTION NO.

RESOLUTION OF THE CITY OF COTATI CITY COUNCIL APPROVING THE

PUBLIC IMPROVEMENT AGREEMENT, PUBLIC UTILITY EASEMENT AND

WATER LINE EASEMENT AGREEMENTS SUBSTANTIALLY IN THE FORM

ATTACHED AND CONDITIONED ON THE CITY ENGINEER'S APPROVAL OF THE

FINAL IMPROVEMENT PLANS AND ACCEPTANCE OF THE IRREVOCABLE

OFFER OF DEDICATION OF THE BLODGETT STREET CUL-DE-SAC
WHEREAS, on September 28, 2021, the City Council accepted the recommendations of the Planning Commission and adopted resolutions approving environmental documents, an ordinance change allowing Storage-Warehouse and indoor storage with a Use Permit, and a Use Permit and Preliminary/Final Design Review for the proposed Sandell Distribution Warehouse Project (Project); and
WHEREAS, the Project consists of a 54,064 square foot warehouse to be used by a moving and storage company with the outdoor storage of portable storage containers; and WHEREAS, following tonight’s City Council action on the Public Improvement Agreement, and related easements and dedications, the development would be constructed with administrative approvals for construction permits and payment of fees; and WHEREAS, following the Final Design approvals provided at the September 28, 2021, City Council meeting, the “Entitlement” phase of the Project ended and the “Improvement” phase began, and, the first step of the Improvement phase was initiated with the submittal by the Developer of the draft Improvement Plans and Real Property applications for review by the City Engineer, Community Development Director, Police Chief, Building Inspector, and the Rancho Adobe Fire District Fire Marshal; and
WHEREAS, additional steps undertaken since the Council Project approval include working to satisfy the Condition of Approval items including the storm water requirements and preparation of the Public Improvement Agreement; and
WHEREAS, improvement Plans (“Plans”) were submitted and reviewed and the applicant has substantially finalized the Plans, a draft version attached hereto, and there are only a limited number of relatively minor revisions needed for the Plans to be accepted by the City Engineer; and
WHEREAS, the Plans were checked for conformance with the entitled Project approved by City Council and with the Final Design Review, and with City engineering standards and Fire District requirements and the Plans are at a construction level of detail for both private and public improvements and are incorporated into the Public Improvement Agreement; and WHEREAS, the attached Public Improvement Agreement (PIA), between the City and Sandell Holdings, LLC, has been prepared and reviewed by City Staff and City Attorney and is recommended for approval in substantially the form attached; and WHEREAS, a PIA is required to ensure the public improvements within the area to be dedicated as right-of-way (i.e. the Blodgett Street Cul-De-Sac) are constructed and to the City’s satisfaction and the improvements are to be in place before the City grants occupancy as these improvements are needed to serve the proposed use; and
WHEREAS, the PIA specifies the improvements to be completed, the total estimated cost of these improvements and provides security for completing the work, and once complete, Packet Pg. 21
the PIA requires a warranty of the improvements for one year; and WHEREAS, the PIA includes the full legal description of the property, and the portion of the property to be dedicated to the City (a new Cul-De-Sac at the western end of Blodgett Street); and
WHEREAS, the attached Public Utility Easement Agreement and Irrevocable Offer of Dedication Agreement are agreements to convey the land at the end of Blodgett Street for public uses and provide for a public water easement, respectively; and WHEREAS, the Public Water Easement provides a means for a future pipeline, identified in the City’s Water Master Plan, to be connected to a water pipeline in Helman Avenue, and an additional easement through the neighboring property, owned by the Mosquito Abatement District, would be required to complete the connection, and the future pipeline is not needed to serve the subject Project but rather provide for future system capacity and reliability; and
WHEREAS, the Improvement Plans specifically include the following public improvements:

1. Street improvements including street pavement, curb and gutter, sidewalk, driveways, monuments, street lights, striping and signs, and slurry seal,

2. Storm drainage including conventional storm drain features (inlets, pipelines, sidewalk drains), and Low Impact Development features (bioswales and linear retention basin),

3. Sanitary sewer improvements including the extension of the City sewer in Blodgett Street to the subject property,

4. Water improvements consisting of extension of the existing public water main in Blodgett to the subject property,

5. Landscaping including soil preparation, interpretive signs, plantings for common use areas and street frontages,

6. All dry utilities (gas, electric, and communications); and WHEREAS, an itemized engineer’s cost estimate for these improvements is included as an attachment to the PIA; and
WHEREAS, regarding storm water low impact development (LID) requirements, the calculations and design submitted as part of the entitlement phase were finalized and resubmitted to the City, and the City Engineer and City consultant have reviewed and approved the submitted calculations and design which are shown on the Improvement Plans; and WHEREAS, additionally, the Developer has submitted to the City the Declaration of Covenants Regarding Maintenance of Storm Water Best Management Practice Facilities to ensure the LID features are maintained for their continued effectiveness in slowing, treating and sinking storm water; and
WHEREAS, the City issued a request for proposals in August 2019, and determined Moe Engineering to be the most qualified to perform construction inspection services; and WHEREAS, City staff requested and Moe Engineering provided a proposal to provide inspection services for the Project, and Staff has reviewed the proposal and finds it to be fair and Packet Pg. 22
reasonable and recommends it for approval; and
WHEREAS, the processing of the development application documents including the Public Improvement Agreement, easement dedications, and improvement plans are paid for by the Developer through a cost recovery account; and
WHEREAS, City inspections of the construction is managed similarly with a deposit account to pay the City’s expenses, including consultants; and WHEREAS, on September 28, 2021, City Council adopted Resolution Number 2021-51 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sandell Distribution Warehouse Project and made the required findings pursuant to the California Environmental Quality Act.

NOW THEREFORE BE IT RESOLVED THAT the City of Cotati City Council hereby:

1. Finds the above recitals to be true and correct; and

2. Approves the Public Improvement Agreement substantially in the form attached and conditioned on the City Engineer approving the Improvement Plans; and

3. Accepts the Public Utility Easement Agreement substantially in the form attached; and

4. Accepts the Water Line Easement Agreement substantially in the form attached; and

5. Accepts the Irrevocable Offer of Dedication of the Blodgett Street extension in substantially the form attached, and allows the City Manager to accept the dedication once the improvements are completed; and

6. Approves a professional services agreement with Moe Engineering for construction inspection services for on-site and public improvements for an amount not to exceed $32,901.75; and

7. Authorize the City Manager to sign and record, or cause to be recorded, the aforementioned Public Improvement Agreement, and public right of way dedication, public utility easement, and the water line easement and to take any such other and further action as may be necessary to carry out the intent of the attached Resolution.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the March 22nd, 2022, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:

PIA - 380 Blodgett St (PDF)
380 Blodgett Easements with EXHIBITS, 3 16 22 (PDF)
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HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (PDF)
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1 PUBLIC IMPROVEMENT AGREEMENT

NO FEE DOCUMENT
Government Code §6103 and §27383

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF COTATI
City Hall
201 West Sierra Ave.

Cotati, CA 94931
Attn: City Manager
The Above Space For Recorder’s
Use Only

PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement Agreement (“Agreement”) is entered into this __ day of _____________, 2022,by and between the CITY OF COTATI, a California municipal corporation (“City”) and Sandell Holdings LLC, a California limited liability company (“Principal”). City and Principal may be individual or collectively referred to as a “Party” or the “Parties” to this Agreement.

RECITALS
A. Principal owns the real property located in the City of Cotati, California, which is more particularly described in Exhibit A attached to this Agreement and incorporated by reference (the “Principal Property”).

B. On September 7, 2021, the City Planning Commission conditionally approved Principal’s application for a Preliminary Design Review for the Sandell Warehouse (“Project”) along with the variances required to implement the Project together with a Use Permit for the construction of a new approximately 50,064 square foot warehouse to be used as [by] a moving and storage company with the outdoor storage of portable storage containers,
C. The City Planning Commission approvals and City ordinances require Principal to construct the following improvements on the City Property: a new cul-de-sac at the western end of Blodgett Street built to City standards (“Required Improvements”).

The portion of the Principal Property to be offered for dedication to the City upon completion of the Required Improvements is described in Exhibt B attached hereto.

D. On behalf of Principal, CaliChi Design Group prepared plans for the construction of the Required Improvements, as shown on its plans dated __Date TBD_______________, incorporated herein by this reference, and approved by City (“Improvement Plans”). The engineer’s cost estimate is included as Exhibit C attached to this agreement hereto.

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F. This Agreement memorializes the understanding between the Parties regarding the terms and conditions under which Principal will construct and City will accept the Required Improvements.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, and incorporating the Recitals above herein, the Parties agree as follows:

Construction of Improvements. Principal agrees to construct and install on the Principal Property, at Principal’s own cost and expense, the Required Improvements shown on the Improvement Plans submitted by Principal and approved by City on______Date TBD_______, and incorporated herein by reference. Prior to commencing any work, Principal shall, at its sole cost and expense, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Required Improvements and performance of Principal’s obligations under this Agreement. The Required Improvements shall be constructed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

Principal shall, in accordance with the Improvement Plans, complete or cause to be completed the Required Improvements to the reasonable satisfaction of City Engineer within two years of the Effective Date of this Agreement. The dates for commencement and completion of the work of construction may be extended as herein provided. The City Engineer shall extend said dates for delays in said work actually caused by riots, strikes, lockouts, fires, earthquakes, flood and conditions resulting therefrom. Extension of said dates for any other cause shall be made only by the City Council. The City Engineer, and required City Council approval, shall be the sole and final judge as to whether good cause has been shown to entitle Principal to an extension. Any extension granted pursuant to this paragraph shall not obligate City in any manner to grant other requests for extension.

Any request for extension of any commencement and completion date shall be in writing, shall fully state the facts and grounds relied upon for said extension, and shall be delivered to City in the manner hereinafter specified for services of notices. City shall respond to such request within ten (10 business days). Extensions shall be granted in writing and any purported oral extension or purported oral agreement to make an extension shall not be valid for any purpose whatsoever.

In the event it is deemed necessary by the City to extend the time of commencement or completion of the work to be done under this Agreement beyond the dates specified herein, such extension may be granted without notice by City to the Principal’s surety and shall in no way release any guarantee given by Principal pursuant to this Agreement, or relieve or release those providing Required Improvement security pursuant to this

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Attachment: PIA - 380 Blodgett St (380 Blodgett PIA approvals) 3 PUBLIC IMPROVEMENT AGREEMENT
Agreement. The sureties in executing the bonds and/or other providers of security shall be deemed to stipulate and agree that no change, extension of time, alteration or addition to the term of the Agreement or to the work to be performed thereunder or the specifications accompanying the same including, but not limited to, the Improvement Plans, shall in any way affect its obligations on the bond or other instrument, and to waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.

The granting of any extension may be conditioned upon Principal providing City with increased Inspection Fees and new or amended surety bonds or other security in amounts increased to reflect increases in the cost of constructing the required Public Works Improvements that have occurred prior to the granting of the extension, and the cost of additional inspection services. In granting any extension of time, City may impose other conditions to protect its interests and ensure the timely completion of the Required Improvements.

1. Standard of Performance. Principal and its contractors, if any, shall perform all work required to construct the Required Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, Including, without limitation, standards generally recognized to protect the public during construction of the Required Improvements. Principal represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work.

Principal warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
a. Alterations to Improvements. All work shall be done and improvements made and completed as shown on the Improvement Plans, and any subsequent approved material alterations thereto. If during the course of construction and installation of the Required Improvements it is determined that the public interest requires alterations in the Required Improvements, Principal shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Required Improvements to be completed may be accomplished without giving prior notice thereof to Principal’s surety, if any, for this Agreement. b. Fees and Charges. Principal shall, at its sole cost and expense, pay all fees, charges, and taxes arising out of construction of the Required Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City or as required by other governmental agencies having jurisdiction over the Required Improvements. c. Notice and City Inspections and Standards. Principal shall notify the responsible department at least one working day in advance of:

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i. The date work is commenced;
ii. Work stoppage of more than one day;
iii. The accomplishment of work on a Saturday, Sunday, or legal holiday; iv. Completion of the Public Works Improvements.

2. Completion of Required Improvements. Upon completion of all Required Improvements in accordance with the Improvement Plans, Principal shall offer to dedicate the Required Improvements to City, and City agrees to accept that offer of dedication in accordance with its policies and procedures and the terms of this Agreement.

Notwithstanding the foregoing, City agrees that it shall accept the offer of dedication no later than ninety (90) days following the date upon which Principal provides the offer of dedication to City, assuming the Required Improvements are acceptable to City.

3. Title to Required Improvements. City shall not accept the Required Improvements unless they are constructed in conformity with the approved plans and specifications, approved modifications, if any, and City Improvement Standards and Specifications, to the reasonable satisfaction of the City Engineer, or his or her designee (hereafter the “City Engineer”), which satisfaction of the City Engineer shall not be unreasonably withheld, conditioned or delayed. Until such time as the Required Improvements are accepted by the City, Principal shall retain title and shall be responsible for, and bear the risk of loss to, any of the improvements constructed or installed. Title to and ownership of the Required Improvements shall vest absolutely in City upon completion and acceptance in writing of such Required Improvements by City. City shall not accept the Required Improvements unless title to the Required Improvements is entirely free from lien. Prior to acceptance, Principal shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to City. a. Principal’s Notice of Completion. Upon the acceptance of the Required Improvements by City, Principal shall file with the Recorder’s Office of the County of Sonoma a notice of completion for the accepted Required Improvements, at which time the accepted Required Improvements shall become the sole and exclusive property of City without payment therefor.
b. City Acceptance of Required Improvements. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Required Improvements.
c. Principal’s Obligation to Provide As-Built or Record Drawings.

Notwithstanding the foregoing, City may not accept any Required Improvements unless and until Principal provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Required Improvements. The drawings shall be certified and shall reflect the condition of the Required Improvements as constructed, with all changes incorporated therein.

4. Extension of Time to Complete Improvements.
a. The City Engineer may extend the date for completing the Required

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Improvements. Extensions shall be granted only upon a showing of good cause by the Principal.
b. Requests for extension of the completion date shall be in writing and delivered to the City Engineer in the manner hereinafter specified for service of notices.

An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on the City.
c. In the event the City Engineer extends the time of completion of the Required Improvements, such extension may be granted without notice by City to the Principal’s surety and shall in no way release any guarantee or security given by the Principal pursuant to this Agreement, or relieve or release those providing an improvement security pursuant to this Agreement. The surety or sureties, if any, in executing the securities shall be deemed to have expressly agreed to any such extension of time.
d. In granting any extension of time, City may require new or amended improvement security to reflect increases in the estimated costs of constructing the Required Improvements or impose other conditions to protect its interests and ensure the timely completion of the Required Improvements.

5. Intentionally deleted. .

6. Inspection. Principal shall allow City's duly authorized representative access to the Public Works Improvement at all times and shall furnish them with every reasonable facility for ascertaining that the methods, materials, and workmanship comply with the requirements and intent of the Public Works Improvement plans. City may reject defective work and require its repair, replacement, or removal by Principal all at no expense to City. All work shall meet the standards set forth in the City of Cotati Subdivision Ordinance and the standards of the City Engineer’s office and all other applicable federal, state and local laws and standards. Upon completion of the work, Principal may request a final inspection by the City Engineer or his designee. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the Required Improvements to the City. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards. Principal shall bear all costs of plan check, inspection and certification.

6. Maintenance of Improvements. City shall not be responsible or liable for the maintenance or care of the Required Improvements until City formally approves and accepts them in accordance with the terms of this Agreement. Upon City’s acceptance of the Required Improvements (which pursuant to Section 3 hereof, shall be no later than ninety (90) days following the date upon which Principal makes the offer of dedication to City, assuming the Required Improvements are acceptable to City) City shall thereafter be fully responsible and liable for the maintenance and care of the Required Improvements, and Principal shall be fully released from all maintenance obligations with regard to the Required Improvements. City shall exercise no control over the Required Improvements until approved and accepted. Any use by any person of the Required

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Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Principal at all times prior to City’s acceptance of the Required Improvements. Principal shall maintain all the Required Improvements in a state of good repair until they are completed by Principal and approved and accepted by City. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements.

If Principal fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Principal and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Required Improvements or their condition prior to acceptance, except however is such damage or injury is caused by the actions or omissions of any of its employees, contractors, agents, representatives or invitees.

7. Warranty. If, within a period of one (1) year after final acceptance by City of the Required Improvements (“Warranty Period”), any improvement or part of any improvement furnished and/or installed or constructed, or caused to be installed or constructed by Principal, or any of the work done under this Agreement materially fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Principal shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the improvements. If Principal fails to act promptly or in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before Principal can be notified, then City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Principal shall pay to City the actual cost of such repairs within thirty (30) days of the date of billing for such work by City. As to any Required Improvements which have been repaired, replaced, or reconstructed during the Warranty Period, Principal and its surety hereby agree to extend the Warranty Period for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Required Improvements. Principal’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

8. Security.
a. Required Security. Concurrently with the execution of this Agreement, Principal shall furnish City with the following security, subject to acceptance by the City Engineer and in a form satisfactory to City Attorney:
(1) Performance Bond. Either a cash deposit, a corporate surety bond issued by an admitted surety insurer, or an instrument of credit, whichever is required by the City Engineer, in an amount equivalent to one hundred percent (100%) of the total estimated cost of the Required Improvements, which total cost is in the amount of ($_293,000_____________) and sufficient to assure City that the Required Improvements will be satisfactorily completed (“Performance Bond”).

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(2) Labor and Materials Bond. Either a cash deposit, a corporate surety bond issued by an admitted surety insurer, or an instrument of credit, whichever is required by the City Engineer, in an amount equivalent to one hundred percent (100%) of the total estimated cost of the Required Improvements, and sufficient to secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for the work (“Labor and Materials Bond”). (3) Warranty Bond. As set forth in Section 8, Principal guarantees the Required Improvements to be free of defects in material and workmanship for the Warranty Period. Upon acceptance of the Required Improvements by the City, Principal shall provide security in the form of a bond or other security acceptable to the City Engineer to guarantee the Required Improvements throughout the Warranty Period (“Warranty Bond”). The amount of the Warranty Bond for the accepted Required Improvements shall be equal to ten percent (10%) of the total estimated cost of construction of the Required Improvements, i.e., ($__293,000__________), and shall be retained for the Warranty Period by City.
b. Additional Requirements.
(1) City shall be the sole indemnitee named on any instrument required by this Agreement.
(2) Any bonds submitted as security pursuant to this section shall be furnished by companies that are authorized and licensed by the Insurance Commissioner of the State of California as “admitted surety insurers,” to act as surety upon bonds and undertakings. The company shall maintain in the State of California at least one office for the conduct of its business. Bonds must be approved by City. The premiums for said bonds shall be paid by Principal.
(3) The bonds shall be furnished on the forms reasonably satisfactory to City.
(4) No change, alteration, or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties.
(5) The securities shall be irrevocable, shall not be limited as to time (except as to the one-year Warranty Period) and shall provide that they may be released, in whole or part, only under the terms and conditions of this Agreement. c. Release of Security.
(1) Warranty Bond. Any unused portion of the Warranty Bond may be released one (1) year after acceptance of the Required Improvements by City.

The amount to be released shall first be reduced by the amount deemed necessary by City to correct any defects in the Required Improvements that exist at the end of the Warranty Period. Any unreleased portion of the Warranty Bond shall remain in full force and effect unless and until City notifies Principal in writing that the necessary repairs have been made to the satisfaction of City.

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(2) Labor and Materials Bond. The Labor and Materials Bond may be released thirty-five (35) days after passage of the time within which claims of lien are required to be recorded pursuant to applicable law, but in no event shall such security be released prior to one hundred and twenty (120) days after acceptance of the Required Improvements by City. The amount to be released shall first be reduced by the total of all claims on which an action has been filed and notice thereof given in writing to City.

City may require the surety not to release the amount of security deemed necessary by City to assure payment of reasonable expenses and fees, including reasonable attorney’s fees.
(3) Performance Bond. The Performance Bond may be released upon acceptance of the Required Improvements by City.

9. Deposits.

A. Legal and Administrative Costs: Principal shall, upon execution of this Agreement, deposit with the City cash in the sum of $5,000, to pay for any necessary legal and administrative costs incurred by the City to enforce the provisions of this Agreement.

Should the Principal not comply with the provisions of this Agreement, the City shall commence legal and administrative efforts to seek compliance, with the costs of said efforts to be expended from this deposit. Notwithstanding the forgoing provisions of this section, in any action or proceeding governed by Part 16. Protection of Public, below, the City shall not be limited to recovering the amount of said deposit as and for the the City’s attorneys’ fees, and the provisions of Part 14. Attorney’s Fees and Cost Recovery herein shall remain in full force and effect, notwithstanding the provisions of this section. Upon final acceptance of the Required Improvements, the cash deposit, or remaining portion thereof, will be returned to Principal.

B. Inspection of Improvements: Principal shall, upon execution of this Agreement, make an initial deposit with the City of cash in the sum of $____TBD_________, to pay for City inspection of the Required Improvements. In addition to the Required Improvements, the Engineering Department shall inspect the following on the private lots:
utility connection from the public ROW to connection to the building, lot landscaping, LID features, retaining walls and fences, and lot drainage features. Principal has signed the Engineering Department’s Uniform Application Fee Addendum and Indemnification Agreement, attached hereto as Exhibit C and incorporated herein by reference. In addition to the initial deposit, the Principal may be required to make further deposits for anticipated work.

10. Principal’s Insurance.
a. Insurance Requirements. Principal shall maintain and shall require all of its subcontractors, consultants, and other agents to maintain the insurance listed below. Any requirement for insurance to be maintained after completion of the work shall survive this agreement. Neither Principal nor any of its contractors or subcontractors shall commence work under this Agreement until Principal shall have obtained all insurance required under this Agreement.

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b. Workers’ Compensation & Employers Liability Insurance. Workers Compensation insurance with statutory limits as required by the Labor Code of the State of California. Employers Liability with limits of $1,000,000 per Accident; $1,000,000 per employee; $1,000,000 per policy. The policy shall include a written waiver of the insurer's right to subrogate against Principal. Required Evidence Of Coverage: Subrogation waiver endorsement; and properly completed Certificate of Insurance. c. General Liability Insurance. Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01. Coverage shall be on a standard occurrence form. Claims-Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent. Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The General Aggregate shall apply separately to each project. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance.

11. Indemnity. Principal shall indemnify, defend with counsel reasonably acceptable to City, and hold harmless to the fullest extent permitted by applicable law, City and its officers from and against any and all liability, loss, damage, claims, expenses and costs (including without limitation reasonable attorneys’ fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with any of the obligations contained in this Agreement, except such Liability caused by the negligence or willful misconduct of the City, or any of its officers, agents, employees, contractors, or representatives. Principal’s duty to indemnify herein shall apply regardless of whether or not City has prepared, supplied or approved of plans, specifications, or either, for the Project, and regardless of whether or not any insurance policies shall have been determined to be applicable to any of such Liability.

12. Intentionally deleted.

13. Notices. All notices required under this Agreement shall be in writing, and delivered in person or sent by registered or certified mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

Craig A. Scott
City Engineer

CITY OF COTATI
City Hall
201 West Sierra Ave.

Cotati, Ca 94931
Notices required to be given to Principal shall be addressed as follows:

Attention: Albert W. Sandell - Trustee
Company Name: Sandell Holdings LLC
Address: 3348 Paradise Drive, Tiburon, CA 94920

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14. Attorney’s Fees and Cost Recovery. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all attorney’s fees and costs. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of attorney’s fees and costs.

15. Assignment. Principal shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Principal from any duty or responsibility under this Agreement.

16. Protection of Public.The Principal is obligated to protect the public safety during all phases of the work, and shall erect and maintain all barricades, signs and warning devices necessary to ensure public protection. In the event that City discovers a condition on the site which in its determination constitutes an immediate danger to public safety, and Principal cannot respond at once, City may erect any barriers, signs and warning devices it deems necessary. In such event, Principal shall pay for the labor of City’s crews at the current City’s recovery rate per hour per worker; plus the cost of any materials used and a reasonable fee for use of any barricades found necessary. In no event shall Principal pay less than one-hour minimum per worker assigned during regular work hours and no less than three hour minimum per worker assigned outside of regular work hours if City takes action pursuant to this paragraph.

17. Compliance with Laws. Principal, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement including, but not limited to, obtaining all applicable permits and licenses.

18. Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Principal of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Principal agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Required Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Required Improvements or this Agreement.

19. No Vesting of Rights. Entering into this Agreement shall not be construed to vest Principal’s rights with respect to any change in any zoning or building law or ordinance.

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20. Approvals by City; Amendment. Any approval or consent that is to be given by the City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on the City. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

21. Intentionally deleted.

22. Successors and Assigns -- Covenant Running With the Land. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective Parties. The Agreement shall be recorded in the Office of the Recorder of Sonoma County and shall constitute a covenant running with the land and an equitable servitude upon the subject property.

23. Actions. Any action by any Party to this Agreement, or any action concerning a security furnished pursuant thereto, shall be brought in the appropriate court of competent jurisdiction within the County of Sonoma, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location. The law governing this Agreement is the law of the State of California.

24. Integration. This Agreement is an integrated agreement. It supersedes all prior negotiations, representations, or agreements, either written or oral.

25. Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Principal include all personnel, employees, agents, and subcontractors of Principal, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

26. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being impaired.

27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, together, shall constitute one and the same instrument. In order to expedite the transaction contemplated herein, telecopied or electronic PDF signatures may be used in place of original signatures on this Agreement. The parties intend to be bound by the signatures on the telecopied or electronic PDF document, are aware that the other party will rely on the telecopied or electronic PDF signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.

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28. Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Principal.

29. Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, nor any other related entitlement, permit, nor approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Principal. Principal’s contractors and subcontractors are exclusively and solely under the control and dominion of Principal. [Signatures on Following Page]

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IN WITNESS WHEREOF, the Parties have executed this Agreement as follows:

CITY OF COTATI
Damien O’Bid
City Manager
Date: _________________
ATTEST:
___________________________
Lauren Berges
City Clerk
Date: ______________________

APPROVED AS TO FORM
___________________________
John Bakker
City Attorney
Date: _______________________

PRINCIPAL

SANDELL HOLDINGS LLC,
a California limited liability company
By: The Albert and Ginny Sandell Trust, dated
December 14, 2016

Albert W. Sandell
Co-Trustee
Date:

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss
COUNTY OF ________________________________ )
On _____________________________ before me, ____________________________________ Notary Public, personally appeared _______________________________________________________ personally known to me
or
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal
____________________________________

SIGNATURE OF NOTARY PUBLIC
(S E A L)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

WITNESS my hand and official seal
____________________________________

SIGNATURE OF NOTARY PUBLIC
(S E A L)

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EXHIBIT A

LEGAL DESCRIPTION
PARCEL ONE:

LOT 172 AS NUMBERED AND DESIGNATED UPON THE MAP OF SUBDIVISION NO. 7, RANCHO COTATI, FILED JUNE 7, 1893, IN BOOK 10 OF MAPS, PAGE 9, SONOMA COUNTY RECORDS.

EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SONOMA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DEED DATED SEPTEMBER 29, 1961 AND RECORDED MAY 25, 1962, IN BOOK 1892 OF OFFICIAL RECORDS, PAGE 66, UNDER RECORDER'S SERIAL NO. G-93896, SONOMA COUNTY RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SONOMA COUNTY

FLOOD CONTROL AND WATER CONSERVATION DISTRICT BY DEED DATED SEPTEMBER 29, 1961 AND RECORDED MAY 25, 1962, IN BOOK 1892 OF OFFICIAL RECORDS, PAGE 72, UNDER RECORDER'S SERIAL NO. G-93898, SONOMA COUNTY RECORDS.

PARCEL TWO:

ALL THAT PORTION OF PARCEL 4 REFERRED TO IN THE GRANT DEED FROM SONOMA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO CLYDE A.

BLODGETT AND DORIS BLODGETT, HIS WIFE, DATED FEBRUARY 9, 1962 AND RECORDED MAY 25, 1962, IN BOOK 1892, PAGE 85 OF OFFICIAL RECORDS, UNDER RECORDER'S SERIAL NO. G-93901, SONOMA COUNTY RECORDS, THAT LIES BETWEEN THE NORTHEASTERLY

EXTENSION OF THE EASTERLY LINE AND THE NORTHEASTERLY EXTENSION OF THE WESTERLY LINE OF LOT 172 AS NUMBERED AND DESIGNATED UPON THE MAP OF SUBDIVISION NO. 7, RANCHO COTATI, FILED JUNE 7, 1893, IN BOOK 10 OF MAPS, PAGE 9, SONOMA COUNTY RECORDS.

This description was prepared by me or under my direct supervision.

Date: March 14, 2022
Brian L. Sousa, LS 7917

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EXHIBIT B

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LEGAL DESCRIPTION

BLODGETT STREET DEDICATION
All that real property situated in the City of Cotati, County of Sonoma, State of California, described as follows:

Being a portion of Lot 172 as numbered and designated upon the Map of Subdivision No. 7 Rancho Cotati, filed June 7, 1893, in Book 10 of Maps, Page 9, in the Office of the Sonoma County Recorder, more particularly described as follows:

1. Beginning at the southwest corner of Lot 4 as said lot is shown on the subdivision map entitled “Kandy Business Park”, filed June 19, 2001 in Book 622 of Maps at Pages 14 through 16, in the Office of the Sonoma County Recorder, said corner being coincident with the most northerly corner of Blodgett Street as shown on said map of Kandy Business Park;

2. Thence along the westerly line of said Kandy Business Park South 37°01’10” West, 60.00 feet to the most westerly corner of said Blodgett Street, also being the northwesterly corner of Lot 5 as shown on said map of Kandy Business Park;

3. Thence continuing along the said westerly line of Kandy Business Park South 37°01'10" West, 1.23 feet to the beginning of a non-tangent curve to the left, the radius point of which bears South 22°43'38" West, 39.00 feet from said point;

4. Thence westerly along said curve for an arc length of 21.02 feet through a central angle of 30°52'29" to a reverse curve to the right having a radius of 59.00 feet;

5. Thence along said reverse curve for an arc length of 278.53 feet through a central angle of 270°29'21" to a reverse curve to the left having a radius of 39.00 feet;

6. Thence along said reverse curve for an arc length of 20.93 feet through a central angle of 30°44'47" to a point on said westerly line of Kandy Business Park;

7. Thence along said westerly line South 37°01'10" West, 1.23 feet to said Point of Beginning.

Containing an area of 11,226 square feet, more or less.

The bearings of this description are based upon said subdivision map of the Kandy Business Park.

A plat depicting the described area is attached hereto and hereby made a part of this description.

This description was prepared by me or under my direct supervision.

Date: March 14, 2022
Brian L. Sousa, LS 7917

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Attachment: PIA - 380 Blodgett St (380 Blodgett PIA approvals) 30 15 0 30 Sousa Land Surveys SLS Scale: 1" : 30' Being a Portion of Lot 172 Map Book (10, Page 9) City of Cotati, County of Sonoma State of California Basis of Bearings This plat has been prepared to accompany the legal description for the easement shown and is hereby made a part of that description. This map was prepared by me or under my direct supervision. Brian L. Sousa, LS7917 Date: NS W E EXHIBIT B PLAT OF BLODGETT STREET DEDICATION9.a Packet Pg. 41
Attachment: PIA - 380 Blodgett St (380 Blodgett PIA approvals)

CALICHI DESIGN GROUP
3240 Peralta Street, #3, Oakland, CA 94608
(510) 250-7877
Prepared For: City of Cotati Grading Permit Application Prepared By: AaM
Date: December 8, 2021
CDG Project #: 2021-338-001
Item Description Quantity Unit Unit Price Total Price
1 Demo Asphalt Pavement 982 SF $ 1.00 $ 982
2 Demo existing fence/gate entrance 116 LF $ 5.00 $ 580 3 Protect existing storm manhole 1 EA $ 250.00 $ 250
4 Protect existing water meter or valve 2 EA $ 250.00 $ 500 5 Clear and grub 10,956 SF $ 0.10 $ 1,096
$ 3,410
Item Description Quantity Unit Unit Price Total Price
6 New curb ramp with Detectable Warning 4 EA $ 2,500.00 $ 10,000 7 6" Curb and Gutter 240 LF $ 25.00 $ 6,000
8 6" Vertical Curb 29 LF $ 12.00 $ 348
9 Curb Inlet 1 EA $ 13.00 $ 13
10 Valley Gutter 56 LF $ 20.00 $ 1,120
11 New Landscaping including irrigation system 924 SF $ 3.00 $ 2,772 8 New Concrete Sidewalk 1,105 SF $ 10.00 $ 11,050
9 New Heavy Duty Concrete Pavement 1,024 SF $ 12.00 $ 12,288 10 Heavy Duty Pavement 8,264 SF $ 9.00 $ 74,376
11 New Pavement Striping 178 LF $ 6.00 $ 1,068
$ 119,035
12 6" Sanitary Sewer DIP 52 LF $ 185.00 $ 9,620
13 8" Sanitary Sewer RCP 237 LF $ 140.00 $ 33,180
14 8" Sanitary Sewer DIP 138 LF $ 200.00 $ 27,600
15 New Sanitary Sewer cleanout 3 EA $ 750.00 $ 2,250
16 New 10" C900 PVC water main 498 LF $ 140.00 $ 69,720 17 New Water Valve 2 EA $ 750.00 $ 1,500
18 New RCP 15" storm drain line 112 LF $ 180.00 $ 20,160 19 Tie into existing Sewer Main 1 EA $ 1,500.00 $ 1,500 20 Tie Into Existing Storm Drain Manhole 1 EA $ 1,500.00 $ 1,500 $ 167,030
Sub Total $289,475
21 Erosion Control and Maintenance 2.0% $ 3,341
$3,350
$292,825
Notes:

1. This estimate is based on the Distribution Warehouse Grading Permit Plans Assumptions:

1. This total does not reflect engineering or technical services.

2. This total does not reflect any jurisdictional plan check, inspection, or permitting fees.

Contingencies Sub Total
Engineer's Opinion of Probable Construction Cost
Project: Industrial Warehouse
Engineer's Estimate of Probable Construction Costs for On-Site Improvements

DEMOLITION
Demolition Sub Total
GRADING and PAVING
Grading & Paving Sub Total

UTILITIES
Utilities Sub Total

CONTINGENCIES
Total Construction Cost
Disclaimer: The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. 3/16/2022 Page 1 Helman Ln - Encroachment Permit

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CITY OF COTATI

ENGINEERING DEPARTMENT

UNIFORM APPLICATION FEE ADDENDUM

AND INDEMNIFICATION AGREEMENT
Fee Addendum
The City Council adopted Ordinance 692 establishing a Fee and Service Charge Cost Comparison System. As provided for in this ordinance, the costs for services are reviewed annually and the fees and charges are adjusted accordingly by Council Resolution. The Ordinance and Resolution authorize a cost recovery system for staff time and the costs of any City Consultants performing work on your project, as well as all other costs associated with processing development applications received by the Engineering Department.

To comply with Council's direction, the Engineering Department collects a deposit to cover these estimated costs. The amount of the deposit varies based on the type of applications received.

Applicant agrees to be responsible for the payment of all costs (including staff costs at fully burdened hourly rates and City consultant costs) and fees, direct and indirect, associated with the processing of this application even if the application is withdrawn and/or not approved.

In addition to the initial deposit made at the time of the application submittal, the applicant may be required to make further deposits for anticipated work. Invoices are due and payable within thirty (30) days. Your deposit account will be required to maintain a minimum balance at all times equal to 25% of you original deposit amount. Should the amount on deposit fall below that 25% minimum, you will be asked to remit the amount due for services rendered plus the additional amount needed to maintain the 25% balance. Should your account become delinquent or fall below a zero balance, work will stop on your application processing. No work shall proceed until deposits or deposit replenishments are received.

Applicant understands and agrees that nonpayment of fees set forth in City Ordinance 692 and accompanying Resolution may, at the sole and exclusive discretion of the Engineering Department, result in temporary or permanent cessation of processing of the application or inspection of the work and, after notice, may result in the denial of the application and/or order to cease work. Prior to completion of processing any phase of the project, any and all outstanding amounts due pursuant to this agreement shall be paid. Any account with a balance less than zero at the end of a billing cycle will be assessed a 3% interest charge for the first 30 days. Interest rates will increase by 1% for every subsequent 30 day period of delinquency, up to a maximum rate of 5%.

Any portion of this deposit that is not used will be refunded to the applicant upon written request to the Administrative Services Department and confirmation from the Engineering Department that all outstanding charges have been processed.

Indemnification Agreement
The Applicant agrees to defend, indemnify, and hold harmless the City of Cotati, its agents, officers, council members, employees, boards, commissions and committees from any claim, action or proceeding brought against any of the foregoing individuals or entities, the purpose of which is to attack, set aside, void or annul any approval of the applications or related decision, or the adoption of any environmental documents or negative declaration which relates to the approval. This indemnification shall include, but is not limited to, all damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party arising out of, or in connection with, the approval of the application or related decision, whether or not there is concurrent, passive or active negligence on the part of the City, its agents, officers, council members, employees, boards, commissions, and committees. If for any reason, any portion of this indemnification agreement is held to be void or unenforceable by a court of competent jurisdiction, the remainder of this agreement shall remain in full force and effect and shall be interpreted to allow the broadest indemnity allowed by law.

In the event that Applicant is required to defend the indemnities in connection with any such claim, action or proceeding, the City shall retain the right to (i) approve the counsel to so defend the indemnities, (ii) approve significant decisions concerning the matter in which the defense is conducted, and (iii) approve any and all settlements, which approvals shall not be unreasonably withheld by City.

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Attachment: PIA - 380 Blodgett St (380 Blodgett PIA approvals) The City of Cotati shall have the right to appear and defend its interests in any action through the City Attorney or outside counsel.

The applicant shall not be required to reimburse the City for City Attorney’s or outside counsel fees incurred by the City if it chooses to appear and defend itself in litigation.

I have read this information and agree with all of the above. __________________________________ _____________________ Print Name Date
__________________________________ _____________________ Signature Project Number
Albert W. Sandell
Trustee - Sandell Holdings LLC
January 19, 2022
380 Blodgett Street
Cotati, CA

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PUBLIC UTILITY EASEMENT AGREEMENT
This PUBLIC UTILITY EASEMENT AGREEMENT (This “Agreement”) is made and entered into effective as of this day of _ , 2022, by Sandell Holdings LLC, a California limited liability company (“Grantor”) and the CITY OF COTATI, a municipal corporation (“Grantee”), with reference to the following facts and intentions:

Recitals
WHEREAS, The Grantor is the owner in fee of real property commonly known as 380 Blodgett Street, located in the City of Cotati, Assessor’s Parcel No. 046-073-006-000, and more particularly described in Exhibit A, which is attached hereto and incorporated herein by reference (“the Property”).

WHEREAS, the Grantor is willing to grant to the Grantee and the Grantee is willing to accept a public utility easement over those certain portions of the property more particularly described in the legal description attached hereto as Exhibit “B” (the “Easement Area”), for the purpose of the installation and maintenance of public utilities.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor and Grantee agree as follows:

1. Grant of Easement. The Grantor hereby grants to the Grantee, its successors and assigns, a non-exclusive, perpetual easement in, on, over, under, or through the Easement Area for the installation and maintenance of public utilities (“Easement”).

This Document is Recorded
For the Benefit of the
City of Cotati
and is Exempt from Fee
Per Government Code
Sections 61032 and 27383
When Recorded, Mail to:

City of Cotati
City Hall
201 West Siena Ave.

Cotati, CA 94928

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2. Restrictions on Use of Easement Area. The Grantor agrees that it will not use the Easement Area in any way that will interfere with the future use of the Easement Area.

3. Use of Property Prior. The Grantor and its successors and assigns shall, at the Grantor’s sole cost and expense without reimbursement, be obligated to maintain, repair, reconstruct, and care for the Easement Area in perpetuity in accordance with this Agreement. Notwithstanding the foregoing, the Grantee shall promptly restore and repair, at its sole expense, any damage to the Easement Area caused by or on behalf of the Grantee. When undertaking any excavation, maintenance, construction or repair work within the Easement Area, the Grantee shall utilize diligent good faith efforts to ensure that the work is undertaken expeditiously and in a manner that reasonably minimizesinterference with the use of the property and the Easement Area.

4. Rights of Grantor. The Grantor shall retain the right for itself, and its personal representatives, heirs, successors, and assigns all rights accruing from its ownership of the Easement Area, including the right to engage in or permit or invite others to engage in all uses of the Easement Area that are not inconsistent with the terms of this Agreement.

5. Recordation and Binding on Successors. This Agreement shall be recorded in the Recorder’s Office in the County of Sonoma (“Recorder’s Office”) and, upon such recordation, shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parities hereto.

6. Exclusivity. The Easement granted hereunder is non-exclusive and the Grantor reserves the right to use and grant other easement rights in and to the Easement Area, subject to the terms of this Agreement, and provided that such easement rights shall not unreasonably interfere with the Easement rights granted hereunder.

The person or persons executing this Offer on behalf of Offeror warrants and represents that he or she is authorized to execute this Agreement on behalf of himself/herself and on behalf of the entity on whose behalf he/she executes the Agreement.

7. Term of Agreement. This Agreement and the Easement contained herein may be terminated upon mutual written consent of the parties and thereafter recorded in the Recorder’s Office.

8. Attorneys' Fees and Governing Law. This Agreement may be enforced by an action at law or in equity and in the event that suit is brought for the enforcement of this Agreement or as the result of any alleged breach thereof, the prevailing party in such suit shall be to recover reasonable attorneys' fees from the other party and any judgment or decree rendered in such suit shall include an award therefore. This Agreement shall be governed by, enforced, and construed in accordance with the laws of the State of California.

9. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, this determination shall not affect any other provision of this Agreement, and all other provisions shall remain in full force and effect.

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number as either party may designate by written notice to the other. All such notices or demands shall be effective as of actual receipt or refusal of delivery. Should any act or notice required hereunder fall due on a weekend or holiday, the time for performance shall be extended to the next business day.

If to Grantor: Albert Sandell
Sandell Holdings LLC
3348 Paradise Drive
Tiburon, CA 94920
Phone: (650) 224-3274
Email: [email protected]
If to Grantee: City of Cotati
City Hall
201 W. Sierra Avenue
Cotati, CA 94931
Attn: City Manager
Phone: (707) 792-4600
Email: _

11. No Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute a waiver of, acquiescence in, or consent to, any other, further or succeeding breach of the same or any other term, covenant, or condition.

12. Operative Date. This Agreement shall become effective, operative, and enforceable upon the last date upon which a party duly executes this Agreement.

13. Cooperation. The Grantor and Grantee promise and agree to use their best efforts to cooperate together in the performance of the rights and obligations provided for in this Agreement. Each patty shall use their best efforts to perform their rights and obligations under this Agreement in a manner that is respectful of the others' quiet enjoyment of their property.

14. Relationship Between the Parties; Authority. This Agreement does not create any partnership, joint venture, or agency among the Parties, each of which is, and at all times shall remain, solely responsible for all acts of its officials, employees, agents, contractors and any subcontractors, including any negligent acts or omissions. No Party is an agent of any other Party, and no Party has authority to act on behalf of or to bind any other Party to any obligation whatsoever. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind.

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15. Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed· and litigated solely in the Superior Court of Sonoma County, California.

16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and when taken together they shall constitute one and the same Agreement.

17. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing signed by the parties to be charged.

IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first written above.

GRANTEE:

CITY OF COTATI
a municipal corporation
BY:

NAME:

TITLE:

GRANTOR:

SANDELL HOLDINGS LLC
A California limited liability company
BY: The Albert and Ginny Sandell Trust, dated
December 14, 2016
___________________________
Albert W. Sandell
Co-Trustee
Date: ______________________

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EXHIBIT A

LEGAL DESCRIPTION
PARCEL ONE:

LOT 172 AS NUMBERED AND DESIGNATED UPON THE MAP OF SUBDIVISION NO. 7, RANCHO COTATI, FILED JUNE 7, 1893, IN BOOK 10 OF MAPS, PAGE 9, SONOMA COUNTY RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SONOMA COUNTY

PARCEL TWO:

ALL THAT PORTION OF PARCEL 4 REFERRED TO IN THE GRANT DEED FROM SONOMA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO CLYDE A.

This description was prepared by me or under my direct supervision.

Date: March 14, 2022
Brian L. Sousa, LS 7917

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Attachment: 380 Blodgett Easements with EXHIBITS, 3 16 22 (380 Blodgett PIA approvals)

EXHIBIT B

Page 1 of 2 ends

LEGAL DESCRIPTION

PUBLIC UTILITY EASEMENT
All that real property situated in the City of Cotati, County of Sonoma, State of California, described as follows:

1. Commencing at the southwest corner of Lot 4 as said lot is shown on the subdivision map entitled “Kandy Business Park”, filed June 19, 2001 in Book 622 of Maps at Pages 14 through 16, in the Office of the Sonoma County Recorder, said corner being coincident with the most northerly corner of Blodgett Street as shown on said map of Kandy Business Park;

3. Thence continuing along said westerly line of Kandy Business Park South 37°01’10” West 1.23 feet to the Point of Beginning for this description also being the beginning of a non-tangent curve to the left, the radius point of which bears South 22°43'38" West, 39.00 feet from said point;

4. Thence westerly along said curve for an arc length of 21.02 feet through a central angle of 30°52'29" to a reverse curve to the right having a radius of 59.00 feet;

5. Thence along said reverse curve for an arc length of 278.53 feet through a central angle of 270°29'21" to a reverse curve to the left having a radius of 39.00 feet;

6. Thence along said reverse curve for an arc length of 20.93 feet through a central angle of 30°44'47" to a point on said westerly line of Kandy Business Park;

7. Thence along said westerly line North 37°01’10” East 5.19 feet to a curve that is concentric to the last described curve, the radius point of which bears North 53°47’52” East, 34.00 feet from said point;

8. Thence along said curve for an arc length of 16.94 feet through a central angle of 28°32'38" to the beginning of a reverse curve to the left having a radius of 64.00 feet;

9. Thence along said curve for an arc length of 33.92 feet through a central angle of 30°21'55";

10. Thence North 28°43’02” East 18.33 feet;

11. Thence North 61°17’51” West 14.73 feet;

12. Thence South 28°42'36" West, 14.00 feet to the beginning of a non-tangent curve to the left, the radius point of which bears South 38°11'50" West, 64.00 feet from said point;

13. Thence westerly along said curve for an arc length of 252.83 feet through a central angle of 226°20'41" to a reverse curve to the right with a radius of 34.00 feet;

14. Thence along said reverse curve for an arc length of 17.04 feet through a central angle of 28°43'03"to a point on said westerly line of Kandy Business Park;

15. Thence along said westerly line North 37°01’10” East 5.18 feet to said Point of Beginning.

Containing an area of 1,875 square feet, more or less.

The bearings of this description are based upon said subdivision map of the Kandy Business Park.

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Page 2 of 2 ends

A plat depicting the described area is attached hereto and hereby made a part of this description.

This description was prepared by me or under my direct supervision.

Date: February 24, 2022
Brian L. Sousa, LS 7917

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0 30 Sousa Land Surveys S
L
S Scale: 1" : 30' Being a Portion of Lot 172 Map Book (10, Page 9) City of Cotati, County of Sonoma State of California Basis of Bearings This plat has been prepared to accompany the legal description for the easement shown and is hereby made a part of that description. This map was prepared by me or under my direct supervision. Brian L. Sousa, LS7917 Date:

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WATER LINE EASEMENT AGREEMENT
This WATER LINE EASEMENT AGREEMENT (This “Agreement”) is made and entered into effective as of this day of , 2022, by Sandell Holdings LLC, a California limited liability company (“Grantor”), and the CITY OF COTATI, a municipal corporation (“Grantee”), with reference to the following facts and intentions:

WHEREAS, the Grantor’s Distribution Warehouse Use Permit is conditioned upon providing a 15’ wide water line easement in favor of the Grantee.

WHEREAS, the Grantor is willing to grant to the Grantee and the Grantee is willing to accept a water line easement over those certain portions of the property more particularly described in the legal description attached hereto as Exhibit “B” (the “Easement Area”), for the purpose of the installation and maintenance of a future water main.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor and Grantee agree as follows:

This Document is Recorded
For the Benefit of the
City of Cotati
and is Exempt from Fee
Per Government Code
Sections 61032 and 27383
When Recorded, Mail to:

City of Cotati
City Hall
201 West Siena Ave.

Cotati, CA 94928

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1. Grant of Easement. The Grantor hereby grants to the Grantee, its successors and assigns, a non-exclusive, perpetual easement in, on, over, under, or through the Easement Area for the installation, operation, and maintenance of a water line for water line purposes (“Easement”).

2. Restrictions on Use of Easement Area. The Grantor agrees that it will not use the Easement Area in any way that will interfere with the future use of the Easement Area.

3. Use of Property. The Grantor and its successors and assigns shall, at the Grantor’s sole cost and expense without reimbursement, be obligated to maintain, repair, reconstruct, and care for the Easement Area in perpetuity in accordance with this Agreement. Notwithstanding the foregoing, the Grantee shall promptly restore and repair, at its sole expense, any damage to the Easement Area caused by or on behalf of the Grantee. When undertaking any excavation, maintenance, construction or repair work within the Easement Area, the Grantee shall utilize diligent good faith efforts to ensure that the work is undertaken expeditiously and in a manner that reasonably minimizesinterference with the use of the property and the Easement Area.

6. Exclusivity. The Easement granted hereunder is non-exclusive and the Grantor reserves the right to use and grant other easement rights ain and to the Easement Area, subject to the terms of this Agreement, and provided that such easement rights shall not unreasonably interfere with the Easement rights granted hereunder.

7. Term of Agreement. This Agreement and the Easement contained herein may be terminated upon mutual written consent of the parties and thereafter recorded in the Recorder’s Office.

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10. Notices. All notices or demands which either party is required or desires to give to the other shall be given in writing by certified mail, return receipt requested with the appropriate postage paid, by personal delivery, by facsimile or by private overnight courier service to the address or facsimile number set forth below for the respective party, or such other address or facsimile number as either party may designate by written notice to the other. All such notices or demands shall be effective as of actual receipt or refusal of delivery. Should any act or notice required hereunder fall due on a weekend or holiday, the time for performance shall be extended to the next business day.

12. Operative Date. This Agreement shall become effective, operative, and enforceable upon the last date upon which a party duly executes this Agreement.

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whatsoever. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind.

15. Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to. principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed· and litigated solely in the Superior Court of Sonoma County, California.

16. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and when taken together they shall constitute one and the same Agreement.

IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first written above.

GRANTEE:

CITY OF COTATI
a municipal corporation
BY:

NAME:

TITLE:

GRANTOR:

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EXHIBIT A

LEGAL DESCRIPTION
PARCEL ONE:

LOT 172 AS NUMBERED AND DESIGNATED UPON THE MAP OF SUBDIVISION NO. 7, RANCHO COTATI, FILED JUNE 7, 1893, IN BOOK 10 OF MAPS, PAGE 9, SONOMA COUNTY RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SONOMA COUNTY

PARCEL TWO:

ALL THAT PORTION OF PARCEL 4 REFERRED TO IN THE GRANT DEED FROM SONOMA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO CLYDE A.

This description was prepared by me or under my direct supervision.

Date: March 14, 2022
Brian L. Sousa, LS 7917

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EXHIBIT B

Page 1 of 1 ends

LEGAL DESCRIPTION

WATER LINE EASEMENT
All that real property situated in the City of Cotati, County of Sonoma, State of California, described as follows:

3. Thence continuing along said westerly line 1.23 feet to the Point of Beginning for this description also being the beginning of a non-tangent curve to the left, the radius point of which bears South 22°43'38" West, 39.00 feet from said point;

4. Thence westerly along said curve for an arc length of 16.93 feet through a central angle of 24°52'03";

5. Thence parallel with said westerly line South 37°01’10” West 105.91 feet to the southwesterly line of said Lot 172;

6. Thence along said southwesterly line South 52°58'50" East, 15.00 feet to said westerly line of Kandy Business Park;

7. Thence along said westerly line North 37°01'10" East, 113.47 feet to said Point of Beginning.

Containing an area of 1,656 square feet, more or less.

The bearings of this description are based upon said subdivision map of the Kandy Business Park.

A plat depicting the described area is attached hereto and hereby made a part of this description.

This description was prepared by me or under my direct supervision.

Date: February 24, 2022
Brian L. Sousa, LS 7917

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0 30 Sousa Land Surveys S
L
S Scale: 1" : 30' Being a Portion of Lot 172 Map Book (10, Page 9) City of Cotati, County of Sonoma State of California Basis of Bearings This plat has been prepared to accompany the legal description for the easement shown and is hereby made a part of that description. This map was prepared by me or under my direct supervision. Brian L. Sousa, LS7917 Date:

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Space above this line for recorder's use

IRREVOCABLE OFFER OF DEDICATION
This Irrevocable Offer of Dedication (“Offer”) is made and effective this , 2022, by Sandell Holdings LLC, a California limited liability company (“Offeror”) for exclusive acceptance by the CITY OF COTATI, a municipal corporation (“City”).
day of
Recitals
WHEREAS, California Government Code § 7050 provides that, with the consent of the City, an irrevocable offer of dedication may be granted for any public purpose, and that dedication may be made by instrument executed, acknowledged, and recorded in the same manner as a conveyance of real property.

WHEREAS, Offeror is the owner in fee of real property commonly known as 380 Blodgett Street, located in the City of Cotati, Assessor’s Parcel No. 046-073-006-000, and more particularly described in Exhibit A, which is attached hereto and incorporated herein by reference (“the Project Site”).

This Document is Recorded
For the Benefit of the
City of Cotati
and is Exempt from Fee
Per Government Code
Sections 61032 and 27383
When Recorded, Mail to:

City of Cotati
City Hall
201 West Siena Ave.

Cotati, CA 94928

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WHEREAS, Offeror's plans to develop the site are conditioned upon providing a dedication of the Blodgett Street cul-de-sac for public Right of Way purposes.

WHEREAS, in conjunction with the condition, Offeror consented to offer for dedication of fee interest to the City that certain portion of the Project Site which is more particularly described in the legal description attached hereto and incorporated herein as Exhibit B, being approximately a 58’ radius cul-de-sac, for the purpose of roadway dedication and public improvements (“the Dedication Area”).

NOW, THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Offer Of Dedication. Offeror does hereby offer to dedicate in fee the Dedication Area for street, highway, public pedestrian, landscaping, and other public purposes.

2. Time And Manner Of Acceptance.

2.1 The City of Cotati shall not accept, expressly or impliedly, this Offer of Dedication unless and until the public improvements are constructed. The Dedication Area or any part thereof may only be accepted by Resolution of the City Council of the City of Cotati and not in any other manner. Any purported acceptance of this Offer by or on behalf of the City, other than in this manner, shall be null and void and of no force or effect.

2.2 In accordance with Government Code Section 7050, this Offer shall remain in effect until accepted by Resolution of the City Council. This Offer may not be terminated, or the right to accept the Offer abandoned, except by Resolution of the City Council in the same manner as prescribed forsummary vacation of streets or highways by Part 3 (commencing with Section 8300) of division 9 of the Streets and Highways Code.

2.3 Upon acceptance of the Dedication Area, the City shall mail, by U.S. certified postal, a copy of its Resolution of Acceptance to the then owners of the Site at the address shown on the latest County of Sonoma secured assessment roll and at the address listed in this Offer for notices.

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3. Use Of Property Prior To Acceptance Of Offer.

3.1 The City shall incur no liability with respect to this Offer and shall not assume any responsibility for the Dedication Area or any improvements to the Dedication Area except to the extent that the Dedication Area has been accepted by appropriate action of the City Council.

3.2 Before the lawful acceptance of this Offer by the City, Offeror agrees that it will not use the Dedication Area in any way that will interfere with the future use of the Dedication Area.

4. Notices. All notices or demands which either party is required or desires to give to the other shall be given in writing by certified mail, return receipt requested with the appropriate postage paid, by personal delivery, by facsimile or by private overnight courier service to the address or facsimile number set forth below for the respective party, or such other address or facsimile number as either party may designate by written notice to the other. All such notices or demands shall be effective as of actual receipt or refusal of delivery. Should any act or notice required hereunder fall due on a weekend or holiday, the time for performance shall be extended to the next business day.

If to Offeror: Albert Sandell
Sandell Holdings LLC
3348 Paradise Drive
Tiburon, CA 94920
Phone: (650) 224-3274
Email: [email protected]
If to City: City of Cotati
City Hall
201 W. Sierra Avenue
Cotati, CA 94931
Attn: City Manager
Phone: (707) 792-4600
Email: _

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5. Offer Runs With Land. The provisions of this Offer shall inure to the benefit of and be binding upon the owners of the Project Site and their heirs, successors, or assigns, and any other person claiming an interest in the Project Site through them.

6. Authority To Execute. The person or persons executing this Offer on behalf of Offeror warrants and represents that he or she is authorized to execute this Agreement on behalf of himself/herself and on behalf of the entity on whose behalf he/she executes the Agreement.

IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first written above.

GRANTEE:

CITY OF COTATI
a municipal corporation
BY:

NAME:

TITLE:

GRANTOR:

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EXHIBIT A

LEGAL DESCRIPTION
PARCEL ONE:

LOT 172 AS NUMBERED AND DESIGNATED UPON THE MAP OF SUBDIVISION NO. 7, RANCHO COTATI, FILED JUNE 7, 1893, IN BOOK 10 OF MAPS, PAGE 9, SONOMA COUNTY RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SONOMA COUNTY

PARCEL TWO:

ALL THAT PORTION OF PARCEL 4 REFERRED TO IN THE GRANT DEED FROM SONOMA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO CLYDE A.

This description was prepared by me or under my direct supervision.

Date: March 14, 2022
Brian L. Sousa, LS 7917

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EXHIBIT B

Page 1 of 1 ends

LEGAL DESCRIPTION

BLODGETT STREET DEDICATION
All that real property situated in the City of Cotati, County of Sonoma, State of California, described as follows:

4. Thence westerly along said curve for an arc length of 21.02 feet through a central angle of 30°52'29" to a reverse curve to the right having a radius of 59.00 feet;

5. Thence along said reverse curve for an arc length of 278.53 feet through a central angle of 270°29'21" to a reverse curve to the left having a radius of 39.00 feet;

6. Thence along said reverse curve for an arc length of 20.93 feet through a central angle of 30°44'47" to a point on said westerly line of Kandy Business Park;

7. Thence along said westerly line South 37°01'10" West, 1.23 feet to said Point of Beginning.

Containing an area of 11,226 square feet, more or less.

The bearings of this description are based upon said subdivision map of the Kandy Business Park.

A plat depicting the described area is attached hereto and hereby made a part of this description.

This description was prepared by me or under my direct supervision.

Date: March 14, 2022
Brian L. Sousa, LS 7917

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0 30 Sousa Land Surveys S
L
S Scale: 1" : 30' Being a Portion of Lot 172 Map Book (10, Page 9) City of Cotati, County of Sonoma State of California Basis of Bearings This plat has been prepared to accompany the legal description for the easement shown and is hereby made a part of that description. This map was prepared by me or under my direct supervision. Brian L. Sousa, LS7917 Date:

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APPROXIMATE LIMITS

OF DISTURBANCE
ELEC. 120FSR

PROPOSED INDUSTRIAL
BUILDING AREA = 50,064 ± SF
101

CIVIL SHEET INDEX

CIVIL GRADING PERMIT SUBMITTAL

DISTRIBUTION WAREHOUSE
380 BLODGETT STREET | COTATI, CALIFORNIA 94931
WDID # 542293

CIVIL ONSITE IMPROVEMENT PLAN / LIMITS OF CONSTRUCTION

ABBREVIATIONS

VICINITY MAP

PROPOSED LEGEND EXISTING
CG0.1

COVER SHEET

BASIS OF BEARING
SURVEY NOTE:

SOILS REPORT NOTE:

DATUM / BENCHMARK
LEGAL DESCRIPTION AND EASEMENT NOTE:

LEGAL DESCRIPTION
SITE INFORMATION:

City of Cotati
Project Information Block
PLANNING APPLICATION (PA)# GENERAL PLAN DESIGNATION:
21/03 Commercial/Industrial
ZONING DESIGNATION: Commercial Industrial (CI)
Responsible Party Information Site Information
ARCH., ENGINEER OR DESIGNER NAME: Assessor's Parcel No(s). 046-073-006-000 Reco Prianto (Civil Engineer)
ARCH., ENGINEER OR DESIGNER NAME: Property Location or Address:
597 Helman Lane Kevin O'Malley (Architect)
Telephone # 510.225.6465 Property Size Acres Sq. Ft.

Email Address [email protected] 8.48 369,338
Mailing Address:
3240 Peralta Street, #3 Oakland, CA 94608
Project Information
Lot
Area (Sq.Ft.) Coverage (%) Dwelling Units No. % of Total 369,338 39% Studio N/A N/A
Building 50,064 14% 1 BDRM N/A N/A
Parking 5,022 10% 2 BDRM N/A N/A
Landscaping 11,148 3% 3 BDRM N/A N/A
Impervious Surface 134,616 36% 4 BDRM N/A N/A
Earthwork: (cy) Parking (No.)
Cut 645 Vehicle Parking: Number
Fill 372 Required See Arch Plans
Net (Fill) 369 Provided See Arch Plans
Landscape/Open Space Sq. Ft. % Site Covered See Arch Plans Common See Arch Plans - Open See Arch Plans
Private See Arch Plans - Bicycle Parking
Turf Area See Arch Plans - Required See Arch Plans
MAWA/ETWU See Arch Plans - Provided See Arch Plans

OWNER INFORMATION

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM

UTILITY JOINT TRENCH LOCATION SHALL BE FIELD STAKED AND APPROVED BY THE CITY PRIOR TO INITIATION OF ANY TRENCHING. THIS REQUIRED

APPROVAL BY THE CITY IS INDEPENDENT OF ANY AUTHORIZATION GRANTED BY THE UTILITY COMPANY, THE DEVELOPER AND/OR CONTRACTOR. TRENCH

LOCATIONS WITHIN THE TREE PROTECTION ZONES OF ANY PROTECTED TREES MAY NOT BE APPROVED BY THE CITY. THE CITY'S INSPECTOR MAY

REQUIRE CONSULTATION BY THE CITY'S ARBORIST PRIOR TO APPROVAL OF TRENCH LOCATION. FAILURE TO COMPLY WITH THESE REQUIREMENTS MAY

RESULT IN AN IMMEDIATE ORDER TO STOP WORK, AS WELL AS INCURRENCE OF CIVIL PENALTIES AS PROVIDED BY CITY ORDINANCE. NOTE: SOIL SHALL

NOT BE TREATED WITH LIME OR OTHER CEMENTATION MATERIAL WITHOUT PRIOR EXPRESS PERMISSION BY THE CITY ENGINEER.

IMPORTANT NOTICE TO DEVELOPERS
AND ALL CONTRACTORS:

DIRECTOR OF COMMUNITY DEVELOPMENT RANCHO ADOBE FIRE PROTECTION DISTRIC

FIRE HYDRANT LOCATION APPROVED

CITY OF COTATI POLICE DEPARTMENT DIRECTOR OF PUBLIC WORKS / CITY ENGINEER

GEOTECHNICAL ENGINEER CIVIL ENGINEER / ENGINEER OF RECORD

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DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG0.2

GENERAL NOTES
CITY OF COTATI - CONSTRUCTION NOTES:
”
ENGINEER'S ACCESSIBILITY NOTES:

BIOTREATMENT SOIL MIX SPECIFICATIONS:
”
’
®
®

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DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE: D 1 2 3 4 5 1 2 3 4 5 CBA DCBA

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG0.3

GENERAL NOTES
’ “ ” • • “ ” “ ” “ ” “ ” “ ” “
” “ ” • • “ ” • • •
• • ’ ’
LIFT STATION NOTES:

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DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG1.0

EXISTING CONDITIONS
& DEMOLITION PLAN
CaliChi
Design
Group

DEMO KEY NOTES
GENERAL NOTES:

DEMOLITION LEGEND

LEGEND EXISTING

DETAIL B - NORTHEAST STORM DRAIN

CONNECTION
SCALE 1:20

DETAIL A
SCALE 1:10

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SITE PLAN KEY NOTES
ELEC.
120
FSR

PROPOSED INDUSTRIAL
BUILDING AREA = 50,064± SF
FFE = 98.92± SF

APPROXIMATE LIMITS

OF DISTURBANCE
GENERAL NOTES:

ENGINEER'S ADA NOTES:

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM

PROPOSED LEGEND EXISTING
CG2.0

SITE, PAVING &

HORIZONTAL
CONTROL PLAN MATCHLINE 1 - SEE SHEET CG2.1
CaliChi
Design
Group
IRRIGATION NOTES:

9.c
Packet Pg. 71
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals)

SITE PLAN KEY NOTES
ELEC.
120
FSR

PROPOSED

INDUSTRIAL BUILDING
AREA = 50,064± SF
FFE = 98.92± SF

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM

PROPOSED LEGEND EXISTING
CG2.1

SITE, PAVING &

HORIZONTAL

CONTROL PLAN
GENERAL NOTES: ENGINEER'S ADA NOTES:

CaliChi
Design
Group MATCHLINE 1 - SEE SHEET CG2.0

DETAIL C-C
SCALE 1:10

SEE DETAIL C-C ON THIS SHEET
PUBLIC ROW NOTES:

IRRIGATION NOTES:

9.c
Packet Pg. 72
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals) GEOTECHNICAL NOTE:

SURVEY NOTE: A B C A B C 123 123
ELEC. 120FSR

PROPOSED INDUSTRIAL
BUILDING AREA = 50,064±SF
FFE = 98.92±
PAD = 97.92±

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE: D 1 2 3 4 5 1 2 3 4 5 CBA DCBA

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM

LEGEND EXISTING
GENERAL NOTES:

CG3.0

MASS GRADING &

BUILDING LAYOUT
PLAN
CaliChi
Design
Group
BUILDING GRID LEGEND: 1 A

9.c
Packet Pg. 73
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals) GEOTECHNICAL NOTE:

SURVEY NOTE:

PROPOSED INDUSTRIAL
BUILDING AREA = 50,064± SF
FFE = 98.92±

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM

PROPOSED LEGEND EXISTING
GENERAL NOTES:

ENGINEER'S ADA NOTES:

CG3.1

PRECISE GRADING &

STORM DRAINAGE
PLAN
GRADING NOTES:

PAVEMENT ELEVATION NOTE:

SPOT GRADING LEGEND
CaliChi
Design
Group MATCHLINE 1 - SEE SHEET CG3.2

DETAIL B-B
DETAIL A-A SCALE 1:10
SCALE 1:10

SEE DETAIL D-D
SHEET CG3.2

SEE DETAIL A-A

THIS SHEET

SEE DETAIL B-B

THIS SHEET

SEE SECTION C-C
SHEET CG3.4

FOR DETAILS

9.c
Packet Pg. 74
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals) ELEC.
120
FSR

PROPOSED INDUSTRIAL
BUILDING AREA = 50,064±SF
FFE = 98.92±

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM

PROPOSED LEGEND EXISTING
CG3.2

PRECISE GRADING &

STORM DRAINAGE
PLAN
SPOT GRADING LEGEND MATCHLINE 1 - SEE SHEET CG3.1

SEE DETAIL C-C

THIS SHEET

DETAIL C-C
SCALE 1:10

DETAIL D-D
SCALE 1:10

SEE DETAIL D-D

THIS SHEET

DETAIL E-E
SCALE 1:10

SEE DETAIL E-E

THIS SHEET
CaliChi
Design
Group

SEE SECTION A-A
SHEET CG3.3

FOR DETAILS

SEE SECTION B-B
SHEET CG3.4

FOR DETAILS

9.c
Packet Pg. 75
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals) ≥ A A

PROPOSED INDUSTRIAL
BUILDING AREA = 50,064± SF
FFE = 98.92±

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE: D 1 2 3 4 5 1 2 3 4 5 CBA DCBA

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG3.3

SITE GRADING

SECTIONS
CaliChi
Design
Group
GEOTECHNICAL NOTE:

PLAN LAGUNA DE SANTA ROSA

9.c
Packet Pg. 76
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals) B B ≥ ≥ C C E F

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE: D 1 2 3 4 5 1 2 3 4 5 CBA DCBA

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG3.4

SITE GRADING

SECTIONS
CaliChi
Design
Group

PROPOSED INDUSTRIAL
BUILDING AREA = 50,064± SF
FFE = 98.92±
GEOTECHNICAL NOTE:

CaliChi
Design
Group
PLAN
PLAN

9.c
Packet Pg. 77
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals)

D D E E FF C D D E FF

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE: D 1 2 3 4 5 1 2 3 4 5 CBA DCBA

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG3.5

SITE GRADING

SECTIONS
CaliChi
Design
Group
GEOTECHNICAL NOTE:

TRAFFIC INDEX:

CaliChi
Design
Group

PLAN PLAN

9.c
Packet Pg. 78
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals) ELEC.
120
FSR

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE: D 1 2 3 4 5 1 2 3 4 5 CBA DCBA

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG4.0

STORMWATER

CONTROL PLAN

INSPECTION AND MAINTENANCE

STORMWATER CONTROL LEGEND

SOIL CLASSIFICATION

BMP NOTE
CaliChi
Design
Group MATCHLINE 1 SEE THIS SHEET MATCHLINE 1 SEE THIS SHEET INFILTRATION ELEVATIONS:

9.c
Packet Pg. 79
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals)

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE: D 1 2 3 4 5 1 2 3 4 5 CBA DCBA

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG4.1

HYDROLOGY

CALCULATIONS
100-YEAR FLOOD NOTE:

Peak Gutter Flow Calculations
Gutter location (shown on sheet
CG4.0) Q10 (cfs) n S_x (ft/ft) S_L (ft/ft) Y (ft) 1 2.9 0.012 0.014 0.01 0.17 2 1.28 0.012 0.0345 0.0139 0.16 3 1.28 0.012 0.022 0.0139 0.14 4 0.6 0.012 0.0193 0.0206 0.09 INLET CAPACITY NOTE:

TRUCK DOCK NOTE:

9.c
Packet Pg. 80
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals)

STORM DRAIN KEY NOTES

WATER KEY NOTES

PROPOSED INDUSTRIAL
BUILDING AREA = 50,064± SF
FFE = 98.92± SF

PROPOSED

INDUSTRIAL
BUILDING AREA =
50,064± SF
FFE = 98.92± SF

SANITARY SEWER KEY NOTES

DRY UTILITY KEY NOTES

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM

PROPOSED LEGEND EXISTING
CG5.0

ON-SITE PRIVATE
UTILITY PLAN MATCHLINE 1 - SEE SHEET CG5.1
UTILITY NOTES:

CaliChi
Design
Group

9.c
Packet Pg. 81
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals)

STORM DRAIN KEY NOTES

WATER KEY NOTES

PROPOSED

INDUSTRIAL
BUILDING AREA =
50,064± SF
FFE = 98.92± SF

SANITARY SEWER KEY NOTES

DRY UTILITY KEY NOTES

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM

PROPOSED LEGEND EXISTING
CG5.1

ON-SITE PRIVATE

UTILITY PLAN
UTILITY NOTES:

CaliChi
Design
Group MATCHLINE 1 - SEE SHEET CG5.0

9.c
Packet Pg. 82
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals)

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE: D 1 2 3 4 5 1 2 3 4 5 CBA DCBA

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE: D 1 2 3 4 5 1 2 3 4 5 CBA DCBA

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG5.2

ON-SITE PRIVATE

UTILITY CROSSINGS
UTILITY NOTES:

CaliChi
Design
Group

PROPOSED LEGEND EXISTING

9.c
Packet Pg. 83
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals) ELEC. 120FSR

PROPOSED INDUSTRIAL
BUILDING AREA = 50,064± SF
FFE = 98.67± SF

FIRE PROTECTION KEY NOTES

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG5.3

SITE FIRE PROTECTION
PLAN

FIRE TRUCK TURNING TEMPLATES PROPOSED LEGEND EXISTING PROPOSED EXISTING (N.T.S.)

9.c
Packet Pg. 84
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals) ELEC.
120
FSR

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE: D 1 2 3 4 5 1 2 3 4 5 CBA DCBA

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG6.0

EROSION &

SEDIMENTATION

CONTROL PLAN
EROSION CONTROL LEGEND MATCHLINE 1 - SEE THIS SHEET MATCHLINE 1 - SEE THIS SHEET ’

9.c
Packet Pg. 85
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals)

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG7.0

CIVIL CONSTRUCTION

DETAILS

SAWCUT DETAILS AC PAVEMENT DETAIL PCC PAVEMENT DETAIL PCC JOINTS DETAIL ·
·
·
CONCRETE VERTICAL BARRIER CURB (6") DETAIL
·
·
·
CONCRETE CURB AND GUTTER (6") DETAIL SIGN POST DETAIL 18" X 18" CATCH BASIN DETAIL

9.c
Packet Pg. 86
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals)

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG7.1

CIVIL CONSTRUCTION

DETAILS
·
·
·

ACCESSIBLE PARKING STALL DETAIL ACCESSIBLE PARKING SIGN DETAIL ACCESSIBLE PARKING SYMBOL DETAIL DETECTABLE WARNING SURFACE DETAIL

CURB CUT/INLET AT PLANTER DETAIL TRENCH DRAIN DETAIL CLEAN OUT DETAIL

9.c
Packet Pg. 87
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals)

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG7.2

CIVIL CONSTRUCTION

DETAILS
CONCRETE VALLEY GUTTER DETAIL BACKFILL AND TRENCH DETAIL PRIORITY 2 MODIFIED ROADSIDE BIORETENTION DETAIL - SHEET 1 OF 2 PRIORITY 2 MODIFIED ROADSIDE BIORETENTION DETAIL - SHEET 2 OF 2 A
A

SECTION A-A

TYPICAL BIO-SWALE PLANTER DETAIL

9.c
Packet Pg. 88
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals)

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG7.3

CIVIL CONSTRUCTION

DETAILS

ACCESSIBLE RAMP DETAIL

CONCRETE WASHOUT AREA DETAIL STABILIZED CONSTRUCTION ENTRANCE / EXIT DETAIL

FIBER ROLL DETAIL

INLET PROTECTION DETAIL

WHEEL STOP DETAIL

CITY OF COTATI SEWER UTILITY CROSSING DETAIL

9.c
Packet Pg. 89
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals)

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG7.4

CIVIL CONSTRUCTION

DETAILS

CITY OF COTATI FIRE HYDRANT LOCATION DETAIL

CITY OF COTATI SANITARY SEWER TRENCH DETAIL

CITY OF COTATI FIRE HYDRANT AND LATERAL DETAIL

TRASH CAPTURE DETAIL WATER METER SERVICE

CITY OF COTATI BFP DETAIL

9.c
Packet Pg. 90
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals)

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG7.5

CIVIL CONSTRUCTION

DETAILS

CITY OF COTATI STORM DRAIN CURB INLET DETAIL
CITY OF COTATI 6" WATER SERVICE DETAIL CITY OF COTATI THRUST BLOCK DETAIL CITY OF COTATI STORM DRAIN MANHOLE DETAIL CITY OF COTATI STANDARD 48" PRECAST CONCRETE MANHOLE DETAIL CITY OF COTATI CURB, GUTTER, SIDEWALK, AND SIDEWALK WARP DETAIL

9.c
Packet Pg. 91
Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals)

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG7.6

CIVIL CONSTRUCTION

DETAILS

DOUBLE-CHECK VALVE BACKFLOW ASSEMBLY DETAIL

CITY OF COTATI SIDEWALK, CURB, AND GUTTER REPLACEMENT DETAILS CITY OF SANTA ROSA PERMANENT BLOW-OFF VALVE DETAIL COMBINATION WATER SERVICE DETAIL STANDARD TRENCH DETAIL 1 OF 2 STANDARD TRENCH DETAIL 2 OF 2

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Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals)

DISTRIBUTION

WAREHOUSE
380 BLODGETT STREET
COTATI, CA 94931
PROJECT NUMBER:

DATE:

DRAWN BY:

CHECKED BY:

PROJECT PHASE:

D
1 2 3 4 5
1 2 3 4 5
C
B
A
D
C
B
A

CONSULTANTS
SEAL

SHEET TITLE

SHEET NUMBER
Copyright 2022

CALICHI DESIGN GROUP, LLC

CALICHI DESIGN GROUP

CIVIL ENGINEERS
3240 PERALTA STREET, #3
OAKLAND, CA 94608
(510) 250-7877
WWW.CALICHI.COM
CG7.7

CIVIL CONSTRUCTION

DETAILS

REDUCED-PRESSURE BACKFLOW DEVICE DETAIL STANDARD STREET LIGHT

NOT USED NOT USED

STANDARD STREET LIGHT

CITY MONUMENT COVER

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Attachment: HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (380 Blodgett PIA approvals) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Award of the Construction Contract for the Old Redwood Highway Traffic Flow Improvements Project
Date: March 22, 2022
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council adopt a resolution awarding the Old Redwood Highway Traffic Flow Improvements Project Construction Contract to DC Electric Group, Inc. and authorizing the City Manager to execute the Construction Contract and associated construction support agreements for the Project, including any needed Change Orders or amendments to those contracts up to the approved project budget.

Background
The City imposes a Traffic Impact Fee on all new development for future customers to contribute to construction of City-wide street capacity projects. The Traffic Impact Fee has been determined by a Traffic Impact Fee Study (TIF Study) completed in 2015 and incorporates roadway improvements identified in the 2015 General Plan Update to accommodate future growth as the City reaches buildout. Over time, as development occurs, the City uses the impacts fees to construct the most pressing roadway improvements identified in the TIF Study.

Development has increased traffic flow on Old Redwood Highway from E. Cotati Avenue to Highway 116. The traffic signals and signalized timing improvements identified in the TIF Study are priorities to address this growth and ensure roadways are performing well.

Analysis/Discussion
The Old Redwood Highway Traffic Flow Improvements Project (Project) consists of the installation of new traffic controllers at the intersections along Old Redwood Highway from Commerce Boulevard to E. Cotati Avenue, programming the controllers to improve traffic flow, installation of dilemma detection devices at these intersections as provided for in the Local Road Safety Plan, and striping changes for drivers heading north on Old Redwood Highway making a left onto Highway 116. The controllers communicate with one another and use traffic information to optimize flow. The dilemma detection devices identify drivers that are speeding ahead of a changing light and will hold off the light change until the intersection has cleared, and the striping changes allow for both left turn lanes to go through onto West bound Highway 116 (instead of the current configuration of having the left lane go into the freeway onramp lane only.

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Additionally, street stamps on East bound Highway 116 traffic making a left onto Old Redwood Highway to direct drivers to Hwy 101, Rohnert Park, or Gravenstein Way.

Design was completed and the Old Redwood Highway Traffic Flow Improvements Project (Project) advertised for bidding on February 11, 2022. On May 16, 2022, the City received and accepted four bid proposals for construction of the Project. The bids ranged from $236,298.95 to $428,000 with the low bidder being DC Electric Group, Inc., whose bid amount is approximately 53 percent below the engineer’s estimate. City staff has reviewed the bid from the low bidder and finds it to be responsive.

Upon project award, the contractor has 10 business days to submit the signed contract documents and purchasing the traffic control equipment would occur in June with construction to proceed once the equipment has been delivered. A total of 30 working days is provided for construction and, therefore, project completion is expected in July.

Construction of the Project also requires Construction Management and Engineering Services during construction. A proposal was requested of BKF Engineers and W-Trans and one proposal from BKF Engineers was received. The proposal was reviewed by City Staff and was determined to be fair and reasonable and is recommended for approval.

Financial Considerations
The Old Redwood Highway Traffic Flow Improvements Project is in the adopted FY21/22 City Budget for an amount of $611,532. The original budget had accounted for the installation of a new traffic signal at William/George and Old Redwood Highway. However, estimated costs for the traffic signal were much higher than anticipated and City Staff determined it will await further buildup in its traffic impact fee account and potential traffic mitigation funds from Rohnert Park before constructing the traffic signal.

Unencumbered funds after design total $464,161. The total amount for the construction contract and CM and Engineering services contract is below this amount and provides adequate funds for contingency. Therefore, no budget adjustments are being requested.

Environmental Issues
The Project is subject to the requirements of the California Environmental Quality Act (CEQA).

The Project is categorically exempt under CEQA Section 15301 Existing Facilities, part (c) and Section 15303 because the Project is a minor alteration of a public street that involves negligible or no expansion of an existing use.

Attachments:
191400_ORH Traffic Flow Imp_Drawings (PDF)

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SYMBOLS & LEGEND

EXISTING PROPOSED

CENTERLINE MONUMENT
VALVE

LIGHT POLE

STREET SIGN

STREET LIGHT

PROPERTY LINE

CENTERLINE

SANITARY SEWER

STORM DRAIN
WATER

OVERHEAD ELECTRIC LINE

UNDERGROUND ELECTRIC LINE

UNDERGROUND GAS LINE

CROSSWALK MARKINGS

CONCRETE

DETECTABLE WARNING

KEYNOTE

AC ASPHALT CONCRETE

APN ASSESSORS PARCEL NUMBER

BC BEGINNING OF CURVE

BFP BACKFLOW PREVENTOR

CB CATCH BASIN

CONC CONCRETE

DW DRIVEWAY

DYL DOUBLE YELLOW LINE

E ELECTRIC

EC END OF CURVE

ELEV ELEVATION

EP EDGE OF PAVEMENT
G GAS

GI GRATE INLET

GV GATE VALVE

LT LEFT

MH MANHOLE

PCC POINT OF COMPOUND CURVE

RT RIGHT TURN

SD STORM DRAIN

SDCO STORM DRAIN CLEAN OUT

SDMH STORM DRAIN MANHOLE

SL STREET LIGHT

SSCO SANITARY SEWER CLEAN OUT

TB TOP OF BOX

TC TOP FACE OF CURB

TEL TELECOMMUNICATIONS

TG TOP OF GRATE

TYP TYPICAL

UB UTILITY BOX

W WATER

WV WATER VALVE

ABBREVIATIONS
COPYRIGHT © BKF ENGINEERS
200 4th STREETSUITE 300SANTA ROSA, CA 95401
(707) 583-8500
www.bkf.com

1. PROJECT INFORMATION

2. GENERAL NOTES

3. DEMOLITION PLAN - OLD REDWOOD HWY & GRAVENSTEIN HWY

4. STRIPING PLAN - OLD REDWOOD HWY & GRAVENSTEIN HWY

5. TRAFFIC SIGNAL MODIFICATION PLAN - OLD REDWOOD HWY & COMMERCE BLVD

6. TRAFFIC SIGNAL MODIFICATION PLAN - OLD REDWOOD HWY & GRAVENSTEIN HWY

7. TRAFFIC SIGNAL MODIFICATION PLAN - OLD REDWOOD HWY & COTATI AVE

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Attachment: 191400_ORH Traffic Flow Imp_Drawings (Award of the Traffic Flow Improvements Project Construction)

GENERAL NOTES

1. ALL MATERIALS, WORKMANSHIP AND CONSTRUCTION SHALL CONFORM TO THE

CITY OF COTATI SPECIFICATIONS AND STANDARD PLANS AND TO THE

APPLICABLE STANDARD DETAILS AND SPECIFICATIONS OF THE MOST CURRENT STATE OF CALIFORNIA D.O.T.

2. CONTRACTOR SHALL GIVE THE CITY OF COTATI PUBLIC WORKS DEPARTMENT 48 HOURS NOTICE BEFORE STARTING WORK. CALL (707) 792-4610 OR CONTACT AT 201 WEST SIERRA AVE, COTATI, CA. 94931 FOR INSPECTION SERVICES.

3. ANY DISCREPANCY DISCOVERED BY CONTRACTOR IN THESE PLANS OR ANY

FIELD CONDITIONS DISCOVERED BY CONTRACTOR THAT MAY DELAY OR

OBSTRUCT THE PROPER COMPLETION OF THE WORK PER THESE PLANS SHALL

BE BROUGHT TO THE ATTENTION OF THE CITY ENGINEER AND THE OWNER IMMEDIATELY UPON DISCOVERY. SAID NOTIFICATION SHALL BE IN WRITING.

4. THE CITY INSPECTOR SHALL BE GIVEN 24 HOURS ADVANCE NOTICE OF ANY CONSTRUCTION.

5. THE ENGINEER AND CITY ACCEPT NO LIABILITY FOR THE EXISTENCE OR NON-EXISTENCE OF UTILITIES. THE CONTRACTOR AND OTHERS USING THIS

DRAWING MUST CONFIRM THE LOCATION OF UNDERGROUND LINES OR

STRUCTURES WITH THE UTILITY COMPANIES PRIOR TO COMMENCING CONSTRUCTION. CONTACT USA 1-800-642-2444 FOR MARKING OF UTILITY LINES.

6. THE LOCATIONS OF UNDERGROUND OBSTRUCTIONS SHOWN ON THE PLANS ARE

APPROXIMATE ONLY AND SHOULD NOT BE TAKEN AS FINAL OR ALL INCLUSIVE. THE CONTRACTOR IS CAUTIONED THAT THE PLANS MAY NOT

INCLUDE ALL EXISTING UTILITIES AND THAT THE OWNER AND ENGINEER

ASSUME NO RESPONSIBILITY FOR OBSTRUCTIONS WHICH MAY BE
ENCOUNTERED.

7. THE CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED

CONSTRUCTION PRACTICES, THE CONTRACTOR WILL BE REQUIRED TO ASSUME

SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING

THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS.

8. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGN

PROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED,

IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPT

LIABILITY ARISING FROM THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF THE DESIGN PROFESSIONAL.

9. UNAUTHORIZED CHANGES & USES: THE ENGINEER PREPARING THESE PLANS

WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR, UNAUTHORIZED CHANGES TO OR USES OF THESE PLANS. ALL CHANGES TO THE PLANS MUST BE IN WRITING AND MUST BE APPROVED BY THE PREPARER OF THESE PLANS.

10. IFA STREET HAS BEEN CUT TO INSTALL UTILITIES OR TO MATCH EXISTING

PAVEMENT, THE STREET SHALL BE SLURRY SEALED IN ACCORDANCE WITH STANDARD SPECIFICATIONS OF THE STATE OF CALIFORNIA SECTION 37-2.

THE EXTENT OF AREA TO BE SEALED SHALL BE DETERMINED BY THE SUPERINTENDENT OF PUBLIC WORKS OR THE CITY INSPECTOR.

11. ONE SET OF "AS-BUILT" CONSTRUCTION PLANS SHALL BE RETURNED TO THE

DEPARTMENT OF PUBLIC WORKS PRIOR TO ACCEPTANCE OF THE PUBLIC IMPROVEMENTS.

SIGNING, STRIPING AND PAVEMENT MARKINGS

1. CONTRACTOR SHALL NOTIFY THE CITY PUBLIC WORKS DEPARTMENT AT (707)792-4610, OF HIS INTENT TO PLACE ANY PAVEMENT MARKER,

TRAFFIC STRIPE, PAVEMENT MARKING, AND PAVEMENT LEGEND LAYOUT LINES 10 WORKING DAYS BEFORE THE MARKER AND STRIPING WORK IS TO BE PERFORMED. ALL LABOR EQUIPMENT AND MATERIALS SHALL BE PROVIDED BY THE CONTRACTOR.

2. PAVEMENT MARKERS AND TRAFFIC STRIPE DETAIL REFERENCE NUMBERS ARE SHOWN ON CALTRANS STANDARD PLAN SHEETS A20-A, A20-B, AND A20-C.

3. MARKERS AND DELINEATORS: MARKERS AND DELINEATORS SHALL BE AS

SHOWN ON THE PLANS AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION 82, "MARKERS AND DELINEATORS" OF THE STATE STANDARD SPECIFICATIONS AND AS DIRECTED BY THE CITY ENGINEER.

4. THERMOPLASTIC MATERIAL SHALL BE APPLIED ATA MINIMUM THICKNESS OF

0.125 INCH.

5. PAVEMENT MARKERS: PAVEMENT MARKERS SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 85, "PAVEMENT MARKERS" OF THE STATE STANDARD SPECIFICATIONS. PAVEMENT MARKERS SHALL BE PLACED TO THE LINE ESTABLISHED BY THE CITY.

6. PAINTED/THERMOPLASTIC STRIPES AND PAVEMENT MARKINGS: EXISTING

PAINTED/THERMOPLASTIC TRAFFIC STRIPES AND PAVEMENT MARKINGS WHICH

CONFLICT WITH THE NEW TRAFFIC STRIPING AND PAVEMENT MARKING PLANS SHALL BE REMOVED BY THE CONTRACTOR, IN ACCORDANCE WITH SECTION 15

OF STATE STANDARD SPECIFICATIONS, EXCEPT THAT BLAST CLEANING SHALL NOT BE PERMITTED.

7. RAISED PAVEMENT MARKER REMOVAL: EXISTING RAISED PAVEMENT MARKERS

WHICH CONFLICT WITH THE NEW TRAFFIC STRIPING AND PAVEMENT MARKING

PLAN SHALL BE REMOVED BY THE CONTRACTOR IN ACCORDANCE WITH SECTION 15 OF THE STATE STANDARD SPECIFICATIONS.

TRAFFIC SIGNAL NOTES

1. SPECIFIC REQUIREMENTS REGARDING MATERIALS, WORKMANSHIP AND THE

WORK TO BE DONE ARE REFERENCED TO THE LATEST CALTRANS STANDARD PLANS AND SPECIFICATIONS. CALTRANS SPECIFICATIONS SHALL TAKE

PRECEDENCE OVER ANY CONFLICTS BETWEEN DESIGN DRAWINGS AND SPECIFICATIONS.

2. ALL WORK SHALL BE COORDINATED WITH THE WORK OF OTHER TRADES TO AVOID INTERFERENCES AND CONFLICTS.

3. LOCATIONS OF UTILITY FACILITIES SHOWN ON THESE PLANS ARE

APPROXIMATED AND SHALL BE VERIFIED BY THE CONTRACTOR PRIOR TO CONSTRUCTION.

4. CONTRACTOR SHALL FURNISH AND INSTALL ALL NECESSARY CONDUIT,

WIRING AND JUNCTION BOXES AS REQUIRED FORA COMPLETE AND OPERABLE SYSTEM.

5. CONDUIT AND WIRE SIZES SHALL COMPLY WITH THE LATEST VERSION OF THE NATIONAL ELECTRICAL CODE (NEC) AND THE LOCAL JURISDICTION.

COORDINATE INSTALLATION AND ROUTING REQUIREMENTS.

6. CONTRACTOR SHALL VERIFY EXACT MOUNTING LOCATION AND CONNECTION REQUIREMENTS PRIOR TO CONSTRUCTION.

7. PRIOR TO ORDERING EQUIPMENT, CONTRACTOR SHALL VISIT SITE AND VERIFY VOLTAGE AND CIRCUIT LOCATIONS.

8. CONTRACTOR SHALL CONFORM THAT ALL EXISTING EQUIPMENT BEING REUSED IS OPERATIONAL. CONTRACTOR SHALL NOTIFY ENGINEER PRIOR TO

CONSTRUCTION IF EXITING CONDITIONS PROHIBIT USE OF EXISTING EQUIPMENT AS DESIGNED HEREIN. FULLY COORDINATE EQUIPMENT TO BE PROVIDED TO ASSURE NO ADDITIONAL COSTS.

9. DEMOLITION/DISCONNECT OF EXISTING CIRCUITS INCLUDES REMOVAL OF CONDUIT AND WIRE BACK TO PANEL. CONTRACTOR SHALL MAINTAIN THE

INTEGRITY OF EXISTING TO REMAIN ELECTRICAL CIRCUITS DURING AND AFTER DEMOLITION.

10. ALL CIRCUIT NUMBERS SHOWN ARE FOR REFERENCE ONLY. CONTRACTOR

SHALL COORDINATE ALL CIRCUIT DESIGNATIONS WITH EXISTING CONDITIONS AND ADJUST ACCORDINGLY.

11. CONTRACTOR SHALL COORDINATE WITH SPECIALTY SYSTEMS VENDOR FOR INSTALLATION REQUIREMENTS.

MAPPING NOTES

1. THE CONTRACTOR SHALL PRESERVE AND PERPETUATE EXISTING SURVEY

MONUMENTATION WHICH WILL BE DISTURBED OR REMOVED TO FACILITATE THE PROPOSED IMPROVEMENTS. IF WORK WILL BE CONDUCTED IN AN AREA

WHICH RESULTS IN THE DISTURBANCE OF MONUMENTATION, RETAIN THE

SERVICES OFA LICENSED LAND SURVEYOR TO LOCATE SAID MONUMENTATION PRIOR TO DISTURBANCE. ADDITIONALLY, RETAIN THE SERVICES OFA

LICENSED LAND SURVEYOR TO RE-ESTABLISH MONUMENTATION WHICH HAS

BEEN DISTURBED ASA RESULT OF PROJECT CONSTRUCTION AND TO FILE

THE APPROPRIATE DOCUMENTATION, PURSUANT TO BUSINESS AND PROFESSIONS CODE SECTION 8771, WITH THE SONOMA COUNTY RECORDER ONCE CONSTRUCTION IS COMPLETE.

2. CONTOURS HAVE BEEN INTENTIONALLY OMITTED FROM THIS DRAWING FOR

CLARITY, BECAUSE THE SITE IS RELATIVELY FLAT, AND THEY WILL NOT PROVIDE ANY DISCERNABLE ADDITIONAL INFORMATION.

3. TREE DIAMETERS ARE MEASURED AT CHEST HEIGHT (48”). DRIPLINE

DIAMETERS AND TREE SPECIES ARE APPROXIMATE ONLY AND SHOULD BE VERIFIED BY A CERTIFIED ARBORIST.

4. MISCELLANEOUS BOUNDARY INFORMATION SHOWN HEREON WAS OBTAINED FROM RECORD DATA.

5. BASIS OF BEARINGS: CALIFORNIA COORDINATE SYSTEM - ZONE 2, NAD 83 (BASED ON GPS OBSERVATION USING CSDS NETWORK).

6. THE BEARINGS AND DISTANCES DO NOT REFLECTA FIELD SURVEY AND DO NOT CONSTITUTE A FORMAL BOUNDARY DETERMINATION.

7. BENCHMARK: NAVD 88 (BASED ON GPS OBSERVATION USING CSDS NETWORK)

8. FIELD SURVEY DATE: 10/07/2021
COPYRIGHT © BKF ENGINEERS
200 4th STREETSUITE 300SANTA ROSA, CA 95401
(707) 583-8500
www.bkf.com

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Attachment: 191400_ORH Traffic Flow Imp_Drawings (Award of the Traffic Flow Improvements Project Construction)

KEYNOTES

REMOVE EXISTING STRIPING BY SANDBLASTING OR A SIMILAR METHOD WHICH PERMANENTLY REMOVES THE STRIPE.

OLD REDWOOD HWY

CLEAN AIR/VANPOOL/EV

GRAVENSTEIN HWY
COPYRIGHT © BKF ENGINEERS
200 4th STREETSUITE 300SANTA ROSA, CA 95401
(707) 583-8500
www.bkf.com

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Attachment: 191400_ORH Traffic Flow Imp_Drawings (Award of the Traffic Flow Improvements Project Construction)

OLD REDWOOD HWY

CLEAN AIR/VANPOOL/EV

CLEAN AIR/VANPOOL/EV
N:1883208.81937
E:6357566.68614
N:1883190.18084
E:6357862.57249
N:1883105.28200
E:6357678.78300
N:1882976.07500
E:6357924.43200

GRAVENSTEIN HWY

KEYNOTES
LEFT EDGE LINE IN ACCORDANCE WITH DETAIL 27 OF CALTRANS STANDARD PLAN A20B. REMOVE EXISTING STRIPING BY SANDBLASTING OR A SIMILAR METHOD WHICH PERMANENTLY LANE LINE IN ACCORDANCE WITH DETAIL 9 OF CALTRANS STANDARD PLAN A20A.

LANE LINE EXTENSIONS THROUGH INTERSECTION IN ACCORDANCE WITH DETAIL 40 OF CALTRANS STANDARD PLAN A20D.

NO PASSING ZONE TWO DIRECTION LINE IN ACCORDANCE WITH DETAIL 21 OF CALTRANS STANDARD PLAN A20A.

BIKE LANE LINE IN ACCORDANCE WITH DETAIL 39 OF CALTRANS STANDARD PLAN A20D.

RIGHT EDGE LINE IN ACCORDANCE WITH DETAIL 27B OF CALTRANS STANDARD PLAN A20B.

CONSTRUCTION CENTERLINE FOR LAYOUT ONLY.
12" YELLOW DIAGONAL CROSSHATCH MARKINGS, 45 DEGREES, 8-FEET CENTER-ON-CENTER.

INTERSECTION LINE BIKE LANE IN ACCORDANCE WITH DETAIL 39A OF CALTRANS STANDARD PLAN A20D.

GREEN BIKE PAINT. INSTALL IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS.

BIKE LANE SYMBOL WITH PERSON IN ACCORDANCE WITH CALTRANS STANDARD PLAN A24E.

BIKE LANE ARROW IN ACCORDANCE WITH CALTRANS STANDARD PLAN A24A.

FURNISH AND INSTALL LANE CONFIGURATION SIGN ON MAST ARM IN ACCORDANCE WITH CALIFORNIA MUTCD R61-34 (CA)

FURNISH AND INSTALL LANE CONFIGURATION SIGN IN ACCORDANCE WITH CALIFORNIA MUTCD R61-36 (CA) WITH MODIFIED LEFT TURN ONLY, SEE DETAIL 1. MOUNT ON 2-INCH DIAMETER GALVANIZED STEEL POST IN ACCORDANCE WITH CALTRANS STANDARD PLAN RS2, SINGLE POST - UNBALANCED.

PAVEMENT WORD MARKINGS IN ACCORDANCE WITH CALIFORNIA MUTCD SECTION 3B.20.

US ROUTE 101 SHIELD PAVEMENT MARKING IN ACCORDANCE WITH CALIFORNIA MUTCD FIGURE 3B-25.

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Attachment: 191400_ORH Traffic Flow Imp_Drawings (Award of the Traffic Flow Improvements Project Construction) CONSTRUCTION NOTES: ·····
COPYRIGHT © BKF ENGINEERS
200 4th STREETSUITE 300SANTA ROSA, CA 95401
(707) 583-8500
www.bkf.com

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Packet Pg. 100 Attachment: 191400_ORH Traffic Flow Imp_Drawings (Award of the Traffic Flow Improvements Project Construction) CONSTRUCTION NOTES: ·····

EXISTING PHASE DIAGRAM TO REMAIN
COPYRIGHT © BKF ENGINEERS
200 4th STREETSUITE 300SANTA ROSA, CA 95401
(707) 583-8500
www.bkf.com

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Packet Pg. 101 Attachment: 191400_ORH Traffic Flow Imp_Drawings (Award of the Traffic Flow Improvements Project Construction) CONSTRUCTION NOTES: ·····
COPYRIGHT © BKF ENGINEERS
200 4th STREETSUITE 300SANTA ROSA, CA 95401
(707) 583-8500
www.bkf.com

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Packet Pg. 102 Attachment: 191400_ORH Traffic Flow Imp_Drawings (Award of the Traffic Flow Improvements Project Construction) RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI AWARDING

THE CONSTRUCTION CONTRACT FOR THE OLD REDWOOD HIGHWAY
TRAFFIC FLOW IMPROVEMENTS PROJECT TO DC ELECTRIC GROUP, INC.

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION

CONTRACT AND CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

AGREEMENT, INCLUDING ANY NEEDED CHANGE ORDERS AND

AMENDMENTS, UP TO THE AUTHORIZED PROJECT BUDGET AMOUNT
WHEREAS, the City imposes a Traffic Impact Fee on all new development for future customers to contribute to construction of City-wide street capacity projects; and WHEREAS, the Traffic Impact Fee has been determined by a Traffic Impact Fee Study (TIF Study) completed in 2015, and incorporates roadway improvements identified in the 2015 General Plan Update to accommodate future growth as the City reaches buildout; and WHEREAS, over time, as development occurs, the City uses the impacts fees to construct the most pressing roadway improvements identified in the TIF Study; and WHEREAS, development has increased traffic flow on Old Redwood Highway from E.

Cotati Avenue to Highway 116, and the traffic signals and signalized timing improvements identified in the TIF Study are priorities to address this growth and ensure roadways are performing well; and
WHEREAS, design was completed and the project advertised for bidding on February 11, 2022, and, on May 16, 2022, the City received and accepted four bid proposals for construction of the Project, and
WHEREAS, the bids ranged from $236,298.95 to $428,000.00 with the low bidder being DC Electric Group, Inc., whose bid amount is approximately 53 percent above/below the engineer’s estimate, and City staff has reviewed the bid from the low bidder and finds it to be responsive; and
WHEREAS, upon project award, the contractor has 10 business days to submit the signed contract documents and purchasing the traffic control equipment would occur in June with construction to proceed once the equipment has been delivered, and a total of 30 working days is provided for construction and, therefore, project completion is expected in July; and WHEREAS, construction of the Project also requires Construction Management and Engineering Services during construction, and a proposal was requested of BKF Engineers and W-Trans and one proposal from BKF Engineers was received; and WHEREAS, the proposal from BKF Engineers was reviewed by City Staff and was determined to be fair and reasonable and is recommended for approval; and WHEREAS, the Project is in the adopted FY21/22 City Budget for an amount of $611,532, and the original budget had accounted for the installation of a new traffic signal at William/George and Old Redwood Highway, however, estimated costs for the traffic signal were much higher than anticipated and City Staff determined it will await further buildup in its traffic impact fee account and potential traffic mitigation funds from Rohnert Park before constructing the traffic signal; and
WHEREAS, unencumbered funds after design total $464,161, and the total amount for the construction contract and CM and Engineering services contract is below this amount and provides adequate funds for contingency, therefore, no budget adjustments are being requested; and
WHEREAS, the Project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines as it consists of the repair and maintenance of an existing facility.

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NOW THEREFORE LET IT BE RESOLVED by the Council of the City of Cotati that:

1. All of the above recitals are true and correct and incorporated herein by reference; and

2. The construction contract for the Project is awarded to DC Electric Group, Inc. for an amount of $236,298.95; and

3. The Construction Management and Inspection Agreement with BKF Engineers is approved; and

4. The City Manager (or designee) is authorized to execute the construction contract for the Project, the construction management and inspection agreement and any needed change orders, amendments and miscellaneous Project expenses up to the Project’s remaining budgeted amount of $464,161.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the March 22nd, 2022, by the following vote, to wit:

MUNICIPAL CODE TO SUPPORT URBAN AGRICULTURE
Date: March 22, 2022
Written by: Autumn Buss, Associate Planner
Recommendation
It is recommended by the Planning Commission and the Community Development Department that the City Council introduce an ordinance to allow small-scale urban agriculture and food production in various zoning districts throughout the city, and change the zoning of the Veronda-Falletti Ranch property (175 W. Sierra Avenue) from Neighborhood, Low Density (NL), to Open Space, Recreation (OSR).

I. Background
The General Plan includes a number of goals, objectives, and actions to promote local food production, increase access to healthy food, and support urban agriculture in Cotati.

For example, the General Plan supports the development of appropriate agriculture in residential and open space zones; strengthening of local food systems including community gardens and community supported agriculture; and diversification of local economic activities.

Current Zoning Code standards, however, include a number of restrictions on uses and activities related to urban agriculture that present challenges to the implementation of the General Plan goals. In Fall 2021, the City Council directed staff to review the City’s Zoning Code for consistency with General Plan goals for promoting urban agriculture and local food production, and to prepare Zoning Code amendments for the Council’s consideration.

On March 7, 2022, the Cotati Planning Commission held a public hearing on the

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proposed urban agriculture ordinance, and voted to recommend that the City Council adopt the ordinance.

II. Analysis/Discussion

1. The proposed urban agriculture ordinance includes a number of proposed amendments to the Zoning Code. Major components are summarized and discussed below:

A. Allow the Crop Production, Horticulture, Orchard, Vineyard land use as a byright permitted use (P) in the Rural Residential (RR), Residential Very Low Density (RVL), Open Space, Recreation (OSR), and Open Space, Conservation (OSC) zoning districts, allowing for commercial agricultural operations in those zones. · The Crop Production land use is currently only allowed in the RR district, with a Use Permit (UP). The proposed amendment brings RVL into consistency with RR--as both districts have a number of larger properties that could be suited to small-scale agricultural operations--and increases the potential viability of such operations in Cotati by removing the UP requirement.
· The proposed Zoning Code amendment sets forth operating standards for the Crop Production land use to preserve neighborhood character, as follows:
o Hours of machinery and mechanical equipment operation: 7am-7pm weekdays (mirrors construction hour limits set forth in the Code), and 9am-5pm weekends/holidays
o Hours of business-related traffic: 7am-7pm weekdays, 7am-6pm weekends/holidays
o Hours of vehicular loading and departure: 5am-8pm weekdays, 6am-6pm weekends.
o The area used for crop production must meet these setbacks in all zones: Front - 25’; side interior - 10’; side street - 20’; rear - 20’. This mirrors the primary structure setbacks in RR and RVL, and is more permissive than structure setbacks in OSC and OSR.
· The extension of the Crop Production land use to the OSC and OSR zoning districts increases the feasibility of using some open space and park lands for local food production.
· This proposal includes a clarification of allowable activities in the Crop Production

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land use to include accessory activities such as plant propagation and minor business activities such as community supported agriculture and retail sales, which will make interpretation of the Code easier for residents and increase the viability of small-scale commercial food production.
· Greenhouses, hoophouses, and planting shade covers are currently allowed as residential accessory structures. This proposal would bring the RR and RVL zones into consistency with one another in terms of allowable greenhouse size (400 square feet per dwelling unit; or the smaller of 1,000 square feet or 5% of lot size). · This item also proposes to allow agricultural accessory structures as a land use in the OSC and OSR districts, with a MUP rather than a UP, to support commercial agricultural uses in those zones. This is currently permitted by-right in the RR and RVL zones.
• The proposed changes include adding the Farmers Market and Meeting Facilities land uses with a MUP to the OSR zone, to both expand opportunities for communityserving uses in parks and to address activities that are already taking place in parks. · It is additionally proposed to add the Caretaker Quarters land use to the OSR zone, and allow this use with an MUP in both OSR and OSC, in order to better support potential agricultural operations on properties in these zones. Currently Caretaker Quarters are allowed only in OSC, with a UP.
· Also proposed is to allow the Agricultural Product Processing land use by right in the Commercial/Industrial (CI) zoning district, in keeping with the General Plan policy to bring the CI and the General Industrial (IG) districts into greater consistency with one another. This change may also further promote agriculture-related economic activity in the city.

B. Allow the Produce Stand land use with a Minor Use Permit (MUP) in the RR, RVL, OSR, and OSC zoning districts and amend the parking standards for Produce Stands.
· Currently the Produce Stand land use is allowed in the RR zoning district only, by UP.
· The proposed change would bring the RVL zone into consistency with RR, extends this use to the OSR and OSC districts, reduces the administrative burden of approval from a UP to a MUP, and increases the viability of food production on open space lands by adding an additional option for an income stream. · The provisions for Produce Stands would be adjusted to clarify that such businesses must be accessory to an on-site agricultural operation, may sell only products from an on-site or adjacent agricultural operation (RR, RVL, OSR), and that they may operate

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year-round. In this way, the Produce Stand land use would be closely connected with the Crop Production land use.
• Produce stands in OSR would be allowed to sell items from beyond the subject or adjacent properties, in support of the goal of aggregating produce from local urban agriculture operations to a central point of sale.
• Produce Stands would be subject to the business operating hours set forth in the Crop Production land use (7am-7pm weekdays, 7am-6pm weekends/holidays). · The parking standards for Produce Stands are proposed to be the greater of 3 spaces or 1 space per 250 square feet. The current standard is the greater of 3 spaces or 1 space per 150 square feet.

C. Allow chicken-keeping as a commercial use and increase the allowable number of chickens on a per-acre basis in the RR, RVL, OSR, and OSC zoning districts. · Currently, up to 20 chickens are allowed in all open space and residential districts, regardless of parcel size, and chicken-keeping is defined as non-commercial only. · This amendment proposes to increase the limit on numbers of hens in the RR, RVL, OSR, and OSC districts to the greater of 12 per acre or 20 total, and to allow commercial chicken-keeping in those districts, in order to increase the viability of small local agricultural operations by adding egg production for sale. · This amendment would maintain the current restriction of roosters allowed only in RR and OSC, and allow roosters in OSR.
· Maintenance and operations standards are set forth in the Code, and address setbacks, noise, dust, odor, vectors, waterway protection, and erosion control. Slaughtering or butchering of chickens is not permitted in any zone.

D. Allow the Community Garden Land Use in all zoning districts and expand the definition of Community Garden to include nonprofit, educational, and institutionsponsored gardens and allow seasonal on-site produce stands and community supported agriculture for charitable fundraising purposes. · Community Gardens are currently allowed in residential districts and OSC, but only with Minor Use Permit approval. This provision would allow Community Gardens as a by-right use in all zoning districts in the city, expanding the opportunities for local food production and social connection that community gardens provide.

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· The proposed permitting of seasonal on-site produce stands and community supported agriculture is intended to increase the viability of community gardens, which are often hampered by limited resources for equipment and materials and/or are intended to provide a charitable community benefit function, such as educational gardens or gardens that grow food for donation.
· Operating standards for Community Gardens in residential zones or on properties abutting residential zones are proposed as follows:
o Hours of produce stand or community supported agriculture activity: 9am-7pm o Hours of machinery and mechanical equipment operation: 7am-7pm weekdays (mirrors construction hour limits set forth in the Code) and 9am-5pm weekends/holidays
o At no time shall any Community Garden activity create nuisances with regard to vectors, odor, dust, or noise.

E. Change the zoning designation of the Veronda-Faletti Ranch property (175 W.

Sierra Avenue) from Neighborhood, Low Density (NL), to Open Space, Recreation (OSR) consistent with the historic operation as a demonstration farm, educational center, and cultural resource for Cotati residents and visitors. • The current zoning of the 3.6-acre Faletti Ranch does not allow the activities that the community has identified as desirable for that site, including farming, animal keeping, community use, and educational activities. Further, the Conservation Easement on the property held by the Sonoma County Agriculture and Open Space District allows for agricultural, historic, educational, and recreational uses only. • Rezoning the property to OSR will allow the City and its contractor, Farmster, to further develop and utilize the property as a demonstration farm and community facility. This preserves a historic and cultural resource in the historic farm property and furthers General Plan goals to provide new opportunities for community gathering through park facilities, protect rural lands from urbanization, and encourage neighborhood and community amenities in walking distance from residential neighborhoods. In addition, Falletti Ranch will further promote urban agriculture by educating and inspiring residents about backyard food gardening, sustainable farming practices, and animal keeping.
• Designation of the property as OSR, and the changes to the OSR zoning district proposed in the draft Ordinance, will allow Faletti Ranch operators to engage in a number of potential activities to increase long-term financial sustainability, including crop production, commercial egg production/sales, a produce stand, community supported agriculture, farm animals, commercial nursery sales, artisan/craft product manufacturing and sales, community events, a farmers’ market, and educational activities including farm tours, school visits, and an on-site day care.

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F. Amend the Residential Accessory Uses and Structures section of the Code to standardize the rear and side setbacks required for detached accessory structures at five feet.
· Currently, this section of the Code stipulates that an accessory structure of 10 feet or less in height shall maintain side and rear setbacks of at least five feet. An accessory structure of a height greater than 10 feet, however, must meet the setbacks for the primary structure, which are typically significantly greater than five feet. The maximum height for such accessory structures (with the exception of detached garages) is 12 feet.
· The proposed change standardizes and simplifies the Code such that all detached accessory structures up to 12 feet in height will be subject to side and rear setbacks of at least five feet (excepting garages).

2. Additional Analysis of Proposed Ordinance
A. Types of Properties Affected
The properties most directly affected by the proposed ordinance are in the Rural Residential (RR), Residential Very Low Density (RVL), Open Space, Recreation (OSR), and Open Space, Conservation (OSC) zoning districts, where crop production, produce stands, and commercial chicken-keeping are proposed to be allowed. The RR and RVL zones are primarily located in the south and west areas of the city, in existing areas of lower density and larger residential lot sizes. Many of these properties are fairly small for significant agriculture operations--the minimum lot size is a half-acre for RVL and 1 acre for RR--and only a handful of them are more than 2 acres in size. The few larger parcels range from 5 to 10 acres, and largest of these are located in the RVL zone. Thus, the proposed zoning code changes target those areas where properties are well-suited to small, neighborhood-scale urban farming operations that can diversify the local food system within Cotati. The changes also allow for greater consistency between the RR and RLV zones with regards to agricultural related uses.

B. Local Context
The proposed update to the Zoning Code will generally put Cotati on a par with the other

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cities in Sonoma County. Currently, many local cities and the County allow crop production and animal keeping without a permit in their lowest density residential zoning districts. A distinction of Cotati’s approach under this proposed change would be to allow crop production specifically as a commercial use in these zones and in extending that land use to park and open space properties. This update would also take the proactive step of allowing low impact business operations to increase the viability of small-scale urban agriculture operations. Specifically, allowing produce stands with a Minor Use Permit, allowing community supported agriculture as an accessory use, and allowing sales of “Cottage Food” products made with produce grown on-site or at an adjacent agricultural operation, which will increase neighborhood integration and diversify local food options.

In addition, the number of hens proposed to be permitted for commercial egg production in certain zones is more progressive than in some other local cities and is intended to further support small-scale food production as a viable livelihood. Finally, the proposed transition to allowing community gardens in all zones, and as by-right rather than with an MUP, is intended to both bring access to land for growing food into the hands of more residents and increase the sustainability of community gardens in the city.

C. Urban Agriculture Policy
Several organizations and residents supporting strong urban agriculture policies in Sonoma County have approached the City requesting changes to the Zoning Code, including in a letter dated August 8, 2021 (attached to the staff report) and in several meetings with staff. Some of the changes that have been requested are addressed in the draft Ordinance, including allowing crop production by-right in RVL; allowing commercial chicken keeping in some zones and increasing the number of chickens allowed on larger properties; allowing produce stands in RVL; allowance of community supported agriculture as accessory to crop production; and adjusting the maximum greenhouse size in RVL and RR.

These organizations have requested farther-reaching changes as well, including allowing commercial crop production, produce stands, and commercial chicken keeping as byright uses in all zoning districts, and significantly increasing the number of hens allowed per property. The Zoning Code changes proposed by staff would apply the Crop Production land use only to the lowest-density residential zoning districts (RR and RVL), OSC, and OSR, allowing commercial food production to take place on those properties within the city that have development patterns and sufficient acreage for viable small scale farming operations, while maintaining commercial and industrial properties for other uses that benefit the community. The proposal to allow produce stands in these four

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zones with an MUP is intended to allow for City review of such stands to reduce impacts, and to preserve the character of the denser commercial districts. Finally, the introduction of the right to raise chickens for egg sales in the lowest-density residential and open space zoning districts would allow commercial food production to take place on those properties within the city that both have sufficient acreage and would be allowed to operate produce stands where egg sales would be allowed.

III. General Plan
The proposed Zoning Code amendments and rezoning of the Falletti Ranch property are consistent with a number of General Plan policies that set forth the community’s vision for increased access to healthy food, development of urban agriculture, strengthening the local food system, preservation of historic and cultural resources, creation of neighborhood amenities, and diversification of the local economy. Specific applicable goals include the following:

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.

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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.

IV. Planning Commission Review and Recommendation
On March 7, 2022, the Planning Commission reviewed and considered the draft ordinance at a Public Hearing. After hearing the staff presentation and asking some clarifying questions, the Commission heard comments from the public. Generally, these commentors urged the City to expand the scope of the proposed changes to allow commercial crop production, produce stands, and commercial chicken keeping by-right in more areas of Cotati. After closing the Public Hearing, the Commission discussed the ordinance, and the following concerns were raised:

1. Potential noise from community gardens and hours of activity

2. Potential traffic and other impacts from produce stands

3. Desired expansion of crop production land use and produce stands to NL and NM, and other zoning districts throughout the City.

4. Inclusion of equity focus in program offerings at Falletti Ranch.

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Following discussion, the Planning Commission voted to support the proposed urban agriculture ordinance and passed a resolution recommending City Council approval.

V. Financial Considerations
With the exception of the staff time needed to create the urban agriculture ordinance, there are no direct financial impacts to the general fund associated with the creation of this ordinance.

VI. Environmental Issues
The City of Cotati is proposing changes to the Land Use Code to allow for increased opportunities for small-scale urban agriculture within the city primarily in residential and open space zoning districts and to rezone the historic Falletti Ranch property consistent with the Agriculture and Open Space easement previously recorded over the site. These code and map changes will not impact the underlying purpose of any zoning district.

Thus, the proposed code changes are consistent with, and implement, the past CEQA analysis and potential for adverse environmental impacts, as analyzed in the Cotati General Plan Environmental Impact Report (EIR) (SCH# 2013-08-2037), certified in March 2015. Further, in addition to being consistent with the General Plan policies, these changes are implementing specific programs and direction identified in the Cotati General Plan as identified above.

Given this, Staff finds that the proposed ordinance to amend the Land Use Code to expand agricultural opportunities throughout the City consistent with existing policies programs and direction identifies in the 2015 Cotati General Plan. Therefore, the proposed land use code zoning and map amendments are found to be consistent with the program Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update that was certified on March 24, 2015 (Resolution Number 2015-11), and pursuant to Section 15168 of the CEQA Guidelines, no further environmental review is required.

Attachments:

Exhibit A: Proposed Zoning Amendment Text Redline (DOCX) Exhibit B: Proposed Zoning Amendment Text Clean (DOCX)

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Exhibit C: Zoning District Map (PDF)
Exhibit D: General Plan Land Use Descriptions (PDF)
Exhibit E: Zoning Code Descriptions(DOCX)
Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open Space District (PDF) Exhibit G: City Workplan for Falletti Ranch (PDF)
Exhibit H: Public Comment (ODT)
Exhibit I: Public Comment (PDF)

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Proposed Zoning Code Amendments for Urban Agriculture Ordinance -- Redline Version Note: Portions of some sections, where changes are not proposed, have been omitted to save space.

Section 17.22.020 Allowable land uses and planning permit requirements is amended, as follows:

EXCERPT OF 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
MUPUP
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 UP 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
Formatted: Left
Formatted: Left
Formatted: Left

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Packet Pg. 117 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) EXCERPT OF 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
Community garden –P P
MUP
P
MUP
P
MUP
P
MUP
P
MUP
P
MUP

17.42.062
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
UP
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 Formatted: Left
Formatted: Left
Formatted: Left

11.A.a
Packet Pg. 118 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) EXCERPT OF 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
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 25% affordable
– – – – – – P 17.42.120
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

11.A.a
Packet Pg. 119 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) EXCERPT OF 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
Convenience store, 1,200 sq. ft.
or less
– – – – UP UP UP
Farmers market MUP
Produce stand MUP– MUP– MUP
UP
MUP
–
– – – 17.42.130
Services – Business and Professional
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
Formatted: Left

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Packet Pg. 120 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) NOTE: REMAINDER OF TABLE 2-2 OMITTED TO SAVE SPACE—NO FURTHER CHANGES

PROPOSED TO THIS TABLE
EXCERPT OF 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 –
Formatted Table

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Packet Pg. 121 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) EXCERPT OF 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
NOTE: REMAINDER OF TABLE 2-3 OMITTED TO SAVE SPACE—NO FURTHER CHANGES

PROPOSED TO THIS TABLE
Formatted Table

11.A.a
Packet Pg. 122 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) EXCERPT OF 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

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Packet Pg. 123 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) NOTE: REMAINDER OF TABLE 2-4 OMITTED TO SAVE SPACE—NO FURTHER CHANGES

PROPOSED TO THIS TABLE
Section 17.36.050 Parking and Loading, Number of parking spaces required is amended, as follows:

THE ONLY CHANGE PROPOSED TO SECTION 17.36.050 IS IN THE EXCERPT OF TABLE 3.7 BELOW EXCERPT OF 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 250 150 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.

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Packet Pg. 124 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) Section 17.42.040 Animal Keeping is amended, as follows:

THIS SECTION SHOWN IN ENTIRETY

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.

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 – –

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Packet Pg. 125 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) 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
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 –
Table 4-1
Allowable Animal-Keeping and Permit Requirements (Continued) 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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Packet Pg. 126 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) 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.

11.A.a
Packet Pg. 127 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) 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.

11.A.a
Packet Pg. 128 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance)

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.

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.

11.A.a
Packet Pg. 129 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance)

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

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. Exceptin 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).

11.A.a
Packet Pg. 130 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) 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.

A.B. The hours of machinery and mechanical equipment operation are limited to 7am7pm 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 community benefit purposes onlyThe hours of produce stand or community supported agriculture activity are limited to 9am-7pm.

11.A.a
Packet Pg. 131 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) 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’.

11.A.a
Packet Pg. 132 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) Section 17.42.130 Outdoor displays and sales is amended, as follows:

THE ONLY CHANGES PROPOSED TO THIS SECTION ARE IN THE FOLLOWING EXCERPT OF SECTION 17.42.130
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.

11.A.a
Packet Pg. 133 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) Section 17.42.160 Residential accessory uses and structures is amended, as follows:

THE ONLY CHANGEs PROPOSED TO THIS SECTION ARE IN THE FOLLOWING EXCERPTS OF SECTION 17.42.160

17.42.160 E1b:

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

11.A.a
Packet Pg. 134 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) Section 17.90.020 Definitions of specialized terms and phrases is amended, as follows:

Section 17.90.020 Definitions of specialized terms and phrases “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.
“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 on-site or adjacent agricultural operation. In the Open Space, Recreation (OSR) zoning district, a produce stand may sell products made elsewhere.

11.A.a
Packet Pg. 135 Attachment: Exhibit A: Proposed Zoning Amendment Text Redline (Urban Agriculture Ordinance) Proposed Zoning Code Amendments for Urban Agriculture Ordinance – Clean Version Note: Portions of some sections, where changes are not proposed, have been omitted to save space.

Section 17.22.020 Allowable land uses and planning permit requirements is amended, as follows:

EXCERPT OF 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
Equestrian facility – UP UP – – – –

11.A.b
Packet Pg. 136 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) EXCERPT OF 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
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
25% affordable
– – – – – – P 17.42.120

11.A.b
Packet Pg. 137 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) EXCERPT OF 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
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
Medical services – Extended care – – – – – UP UP

11.A.b
Packet Pg. 138 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) EXCERPT OF 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
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 NOTE: REMAINDER OF TABLE 2-2 OMITTED TO SAVE SPACE—NO FURTHER CHANGES

PROPOSED TO THIS TABLE

11.A.b
Packet Pg. 139 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) EXCERPT OF 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 –
Recycling – Reverse vending machine MUP MUP – – – –

11.A.b
Packet Pg. 140 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) EXCERPT OF 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 – 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
NOTE: REMAINDER OF TABLE 2-3 OMITTED TO SAVE SPACE—NO FURTHER CHANGES

PROPOSED TO THIS TABLE

11.A.b
Packet Pg. 141 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) EXCERPT OF 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

PROPOSED TO THIS TABLE

11.A.b
Packet Pg. 142 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) Section 17.36.050 Parking and Loading, Number of parking spaces required is amended, as follows:

THE ONLY CHANGE PROPOSED TO SECTION 17.36.050 IS IN THE EXCERPT OF TABLE 3.7 BELOW EXCERPT OF 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.

11.A.b
Packet Pg. 143 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) Section 17.42.040 Animal Keeping is amended, as follows:

THIS SECTION SHOWN IN ENTIRETY

17.42.040 Animal Keeping.

B. Allowable Animal-Keeping Activities and Permit Requirements.

11.A.b
Packet Pg. 144 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) 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
Dogs and cats P P P P
Fowl and poultry other than
roosters and chickens
P P P –
Table 4-1
Allowable Animal-Keeping and Permit Requirements (Continued) 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.

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

11.A.b
Packet Pg. 145 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) 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.

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.

Other small animals –
Chinchillas, rabbits,
nonpoisonous reptiles,
rodents, and other
4 animals total on a
site less than 1 acre;
4 of each species on
a site of 1 acre or
None for 4 or
fewer
animals; 1
None on a site
of less than 1
acre; 10 ft. on
None on a site
of less than 1
acre; 25 ft. on a

11.A.b
Packet Pg. 146 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) 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
nonpoisonous animals of
similar size.
more, where
allowed by Table 4-

1. acre for 5 or
more animals.
a site of 1 acre
or more.
site of 1 acre or
more.

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

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.

11.A.b
Packet Pg. 147 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance)

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

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.

11.A.b
Packet Pg. 148 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance)

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.

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.

11.A.b
Packet Pg. 149 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) Section 17.42.062 Community Gardens is added, as follows:

17.42.062 Community Gardens.

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 community benefit purposes only. The hours of produce stand or community supported agriculture activity are limited to 9am-7pm.

11.A.b
Packet Pg. 150 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) Section 17.42.067 Crop Production, horticulture, orchard, vineyard is added, as follows:

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’.

11.A.b
Packet Pg. 151 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) Section 17.42.130 Outdoor displays and sales is amended, as follows:

THE ONLY CHANGES PROPOSED TO THIS SECTION ARE IN THE FOLLOWING EXCERPT OF SECTION 17.42.130
SECTION 17.42.130 F2:

F. Produce Stands.

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

11.A.b
Packet Pg. 152 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) Section 17.42.160 Residential accessory uses and structures is amended, as follows:

THE ONLY CHANGES PROPOSED TO THIS SECTION ARE IN THE FOLLOWING EXCERPTS OF SECTION 17.42.160

17.42.160 E1b:

17.42.160 F3:

11.A.b
Packet Pg. 153 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) Section 17.90.020 Definitions of specialized terms and phrases is amended, as follows:

Section 17.90.020 Definitions of specialized terms and phrases “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 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 on-site or adjacent agricultural operation. In the Open Space, Recreation (OSR) zoning district, a produce stand may sell products made elsewhere.

11.A.b
Packet Pg. 154 Attachment: Exhibit B: Proposed Zoning Amendment Text Clean (Urban Agriculture Ordinance) I2
I2
£¤101
£¤101

COTATI CREEK NORTH FORK

COTATI CREEK

COTATI CREEK SOUTH FORK

LAGUNA DE SANTA ROSA

MEACHAM RD

COMMERCE BLVD

SNYDER LN

SEED FARM DR

W RAILROAD AVE

STONY POINT RD

E COTATI AVE

COUNTRY CLUB DR

SANTA ALICIA DR

STONY POINT RD

REDWOOD DR

ROHNERT PARK EXPY

SOUTHWEST BLVD

OLD REDWOOD HWY

ADRIAN DR

CAMINO COLEGIO

ENTERPRISE DR

AVRAM AVE

ROHNERT PARK EXPY
HWY 116

ARLEN DR

HUNTER DR

SOUTHWEST BLVD

ROBLAR RD E RAILROAD AVE

W SIERRA AVE

OLD REDWOOD HWY

E COTATI AVE

STATE FARM DR

LANCASTER DR

ROSANA WAY

LACROSSE CT

VALPARAISO AVE

JASMINE CIR

BAY TREE CT

FORD LN

GROVE ST

CYPRESS AVE

ISABEL DR

LORETTO AVE

HILLVIEW DR

MEADOW PINES AVE

C REEKCT

ROSS ST

ESTRELLA DR

WALNUT CIR

SANTA CRUZ WAY

JOHN ROBERTS DR

SONOMALN

LOMA VERDE LN

MINNESOTA AVE

W COTATI AVE

ZARAGOZA ST

WILFORD LN

CIELO CIR

FIESTALN

COPELAND CREEK DR

MADRIGAL ST

MELODY DR

FORNOWAY

REDWOOD DR

K RI STEN CT

LORDS MANOR WAY

RICHARDSON LN

VARDA ST

GILMORE AVE

LIMAN WAY

MEDALLION WAY
MAR

BLE CREEK DR

LINCOLN AVE

BOBBIE WAY

BERNICE AVE

SAN GABRIEL PL

GILBERT WAY

DERBY LN

LAS CASITAS DR

LIPTO N WAY

SAN BENITO DR

MADRONE AVE

EAGLE DR

LANDSDOWN CIR

PAGE ST

MANDOLIN WAY

BLAIR AVE

HAHN WAY MYRTLE AVE

LOMBARD WAY

ALMA AVE

CITY CENTER DR

MCGINNIS CIR

MAURICE AVE

WATER RD

APPLE LN

ALDEN AVE

SAN ANTONIO DR

RACQU E T CLUB CIR

W SCHOOL ST

VERONDA AVE

LAURELWOOD DR

WINDMILL FARMS DR

LA SALLE AVE

PARK AVE

BRIDGIT DR

E SCHOOL ST

AH L STROM C IR

MARSH WAY

WREN DR

CIRCLE DR

POPLAR AVE

LARK DR

ALDER AVE

ROMAN DR

MAGNOLIA AVE

FALCON DR

ALMOND ST

MACKLIN DR

CHARLES ST

ALISON AVE

BURTON AVE

RIO VISTA LN

MIDDLEBROOK WAY

MAPLE DR

SAN FRANCISCO WAY

BLODGETT ST

SILVER DR

COLLEGE VIEW DR

WILLIAM ST

MASON DR

E SIERRA AVE

LOCUST AVE

CAMINO CORONADO

SANTA BARBARA DR

JAGLA ST

W COTATI OAKS CT

MADRIGAL DR

KEYT WAY

LANYARD CT

LASSEN CT

LYDIA CT

PORTAL ST

LINDEN AVE

MITCHELL DR

AD OB E LN

AARON ST

LYNNE CONDE WAY

BORIS CT

HONOR PL

COTTONWOOD CT

HOUSER ST

ANSON AVE

BEVERLY DR

CHADWICK WAY

MAPLE AVE

ORETSKY WAY

BARON DR

BARBI LN

CALA WAY

LUNAR CT

SAN RAMON PL

LINDSAY AVE

BERNADETTE AVE

BRUCE AVE

BONNIE AVE

ADELE AVE

LEBEC LN

DORFMAN DR

BRENDA WAY

ROXANNE LN

AGUIRRE WAY

BONITA AVE

MONTERO DR

LILAC WAY

SANTA CLARA PL

ALTA AVE

LIBERTY AVE

MERCEDES WAY

FLAMINGO RD

LUND HILL LN

OLSEN LN

CAMINO CORTO

LOWELL AVE

GRAVENSTEIN WAY

MERCANTILE DR

BATKIN CT

LOS FELIZ

WILLOW AVE

PARKWAY DR

ISSEL LN

LO M A L NI DA DR

SAN SIMEON DR

COHEN CT

CORINTH CT

LASKER LN

HENRY ST

LISBON CT

LABATH AVE

MACAW CT

DELANO ST

SAN MATEO CT

CASTILLE CT

MEDICAL CENTER DR

MEGAN PL

AVENIDA CALA

JUNIPERDR

AMBER LN

GLADIE LN

CLOTHIER LN

BARRY CT

ARBOR CT

LAMONT CT

BERNICE CT

CARIOCA CT

LIANA CT

RUBY CT

RONDA ST

MONET PL

DYQUISTO WAY

RANCH VERDE

CAPRI WAY

CALCUTTA CT

LORRAINE CT

BREEN WAY

HIGHLAND AVE

ADRIAN CT

ENTERPRISE DR

ALICANTE ST

LAREDO ST

LAKEWOOD AVE

LAGUNA DR

RASMUSSEN WAY

ROBIN AVE

EUCALYPTUS AVE

BRETT AVE

CORSICA CT

MARIGOLD PL

LARCH AVE

MIRAMONTE PL

SCHINDLER LN

PADRE PKWY

MARQUE DR

MATEO DR
LAU LN

DEBBIE HILL RD

KEPPEL WAY

HELMAN LN

MADRONE PL

CLIFFORD ST

OAK VIEW CIR

OAK CIR

ALEXIS DR

CHAPMAN RD

JACARANDA ST RUSTIC LN

SAN CARLOS CT

LOGAN PL

AMBERWOOD ST

LOWELL CT

SYCAMORE LN

NELSON LN

CERVANTES CT

RED HILL CT

MOSS RD ALLAN AVE

ANNE WAY

CORNELL AVE

MILTON PL

SEQUOIA ST

OLOF ST

ARTHUR ST

GEORGE ST

FEHLER LN

AVA AVE

MATTICE LN

OLD REDWOOD HWY

GILMAN RANCH RD

BALMA LN

WILDBERRY LN

REDTAIL HAWK LN

BETH CT

BENSON LN

EL RANCHO DR

PINE LN

BELITA AVE

AIRPORT RD

RALEYS TOWNE CENTRE

OAK AVE

SAINT JOSEPH WAY

SANTERO WAY

FERN AVE

VALLEY HOUSE DR

CARLITA CIR

CONIFER SQ

SUNFLOW ER DR

WILFORD CIR

MATT E R I CIR

LA PLAZA

TERRACE DR

RYAN LN

CIVIC CENTER DR
UV116
Zoning
OSR - Open Space - ConservationRR - Rural ResidentialRVL - Residential Very Low DensityNL - Neighborhood, Low DensityNM - Neighborhood, Medium DensityNU - Neighborhood, UrbanCE - Commercial, East Cotati CorridorCG - Commercial, Gravenstein CorridorCD - Downtown CommercialCI - Commercial/Industrial DistrictIG - General Industrial DistrictPF - Public Facility DistrictCA - Commerce AvenueNG - Northern GatewayLP - La PlazaHC - Historic CoreSW - Santero WayCounty Pre-Zoned AreasSpecific Plan AreasMobile Home ParksCity LimitsUrban Growth Boundary I2 SMART Station
1 inch = 500 feet
µ 0 1,000 2,000 3,000 4,000 500 Feet Created June 2020
RVL-.66
RR-1
RR-1
RR-1
RR-1

11.A.c
Packet Pg. 155
Attachment: Exhibit C: Zoning District Map (Urban Agriculture Ordinance)

7. LAND USE
Cotati General Plan 7-3
GOAL LU 1 Establish an Efficient, Harmonious, and Environmentally Sensitive Land Use Pattern That Enhances Cotati’s Small Town Character, Provides Adequate Space to Accommodate
Sustainable Economic and Housing Growth, and Encourages Orderly Growth
Objective
LU
1A Provide
a
Balanced
Mix
of
Land
Uses
that
Reflect
the
Needs
of
City

Residents
and
Businesses
Policy
LU

1.1: Maintain
a
supply
of
developable
mixed-‐use,
commercial,

industrial,
and
residential
lands
sufficient
to
meet
desired
growth
and

economic
needs
over
the
planning
period.

Policy
LU

1.2:

Assign
the
following
range
of
land
use
designations
throughout

the
City
and
to
parcels
within
the
Urban
Growth
Boundary,
as
shown
in
the

Land
Use
Map
(Figure

7.1):

AGRICULTURAL
(A)
–
The
Agricultural
land
use
designation
identifies

rural,

agricultural
areas
intended
to
serve
as
a
buffer
and
community
separator.

The

A
designation
provides
for
very
low
densities
of
residential
development,
small

acreage
intensive
farming,
commercial
uses that
directly
support
agricultural

operations,
and
part-‐time
farming.

Densities
up
to
one
dwelling
unit
per
five

acres
are
allowed
in
the
A
designation,
with
site
coverage
of
up
to
10 percent.

RURAL

RESIDENTIAL
(RR)
-‐
The
Rural
Residential
land
use
designation
identifies

areas
with
limited
variety
of
agricultural
and
rural
uses,
primarily
along
the

southern
and
western
city
borders.

The
RR
designation
allows
agricultural
uses

such
as
orchards,
vineyards,
and
grazing
as
well
as
low-‐density
residential
and

associated
neighborhood
retail
uses,
where
development
and
agricultural
uses

maintain
existing
natural
vegetation
and
topography
to
the
maximum
extent

feasible.

Densities
up
to
one
dwelling
unit
per
acre
are
allowed
in
the
RR

designation,
with
site
coverage
of
up
to
15 percent.

LOW

DENSITY

RESIDENTIAL
(LDR)
–
The
Low
Density
Residential
designation

allows
single
family
residential
attached
or
detached
homes
and
associated

neighborhood
retail
uses.

Densities
of
two
dwelling
units
per
acre
are
allowed

in
the
LDR
designation,
with
site
coverage
of
up
to
40 percent.

LOW-‐MEDIUM

DENSITY

RESIDENTIAL

(LMDR)
-‐
The
Low-‐Medium
Density

Residential
designation
allows
single
family
attached
and
detached
units,

duplexes,
and
associated
neighborhood
retail.

Densities
of
six
dwelling
units

per
acre
are
allowed
in
the
LMDR
designation,
with
site
coverage
of
up
to
45 percent.

MEDIUM

DENSITY

RESIDENTIAL
(MDR)
–
The
Medium
Density
Residential

designation
permits
up
to
ten
units
per
acre
of
single
family
attached
and

detached
units,
duplexes,
multiple-‐family
units,
and
associated
neighborhood

retail.

Densities
of
10 dwelling
units
per
acre
are
allowed
in
the
MDR

designation,
with
site
coverage
of
up
to
55 percent.

11.A.d
Packet Pg. 156 Attachment: Exhibit D: General Plan Land Use Descriptions (Urban Agriculture Ordinance)

7. LAND USE
7-4 Cotati General Plan
HIGH

DENSITY

RESIDENTIAL
(HDR)
–
The
High
density
residential
land
use

designation
permits
up
to
15 units
per
acre
of
single
family
attached
and

detached
units,
duplexes,
multiple-‐family
units,
and
associated
neighborhood

retail.

Densities
of
15 dwelling
units
per
acre
are
allowed
in
the
HDR

designation,
with
site
coverage
of
up
to
75 percent.

GENERAL

COMMERCIAL
(GC)
–
The
General
Commercial
land
use
designation

provides
for
the
basic
business
and
service
needs
of
the
local
community,

including
shopping
centers,
neighborhood-‐oriented
retail,
and
highway-‐
oriented
commercial
uses.

Office
and
multi-‐family
residential
land
uses
which

are
easily
integrated
into
the
adjacent
districts
are
also
appropriate
in
the

General
Commercial
district.

Densities
of
15 dwelling
units
per
acre
are
allowed

in
the
GC
designation,
with
site
coverage
of
up
to
100
percent.

COMMERCIAL/INDUSTRIAL
(CI)
-‐
The
Commercial/Industrial
land
use

designation
applies
to
areas
appropriate
for
industrial
parks,

research/development,
food
processing/preparation,
manufacturing,

laboratories,
and
compatible
commercial
uses,
including
business
parks,
retail

sales
for
on-‐site
manufacturing,
and
professional
offices,
in
the
same
district.

Site
coverage
of
up
to
80 percent
is
allowed
in
the
CI
designation;
residential

uses
are
not
allowed.

OPEN

SPACE/PARKS
(OSP)

-‐
The
Open
Space/Parks
land
use
designation

identifies
land
utilized
or
intended
for
open
space
and
both
active
and
passive

community
recreational
purposes.

Appropriate
uses
include
recreational

facilities,
and
conservation
of
areas
of
important
aesthetic,
historical,
or
natural

resource
significance.

Development
within
the
Open
Space/Parks
designation

is
limited
to
parks,
recreational
and
cultural
facilities,
and
visitor
facilities,

where
appropriate,
for
passive
recreation
and
conservation
uses.

One

caretaker’s
quarter
per
parcel
is
allowed
in
the
OSP
designation,
with
site

coverage
of
up
to
5 percent.

PUBLIC

FACILITIES
(PF)
-‐
The
Public
Facilities
designation
applies
to
land
areas

reserved
for
government
offices
and
facilities,
public
agency
offices
and

facilities,
schools,
and
public
utility
facilities.

Site
coverage
comparable
to

adjacent
residential
uses
are
allowed
in
the
PF
designation;
residential
uses
are

not
allowed.

SPECIFIC
PLAN
-‐
The
Specific
Plan
designation
applies
to
lands
within
the

Downtown
Specific
Plan
and
Santero
Way
Specific
Plan.

These
areas
are

intended
to
provide
a
range
of
community-‐
and
visitor-‐serving
uses,
with
an

emphasis
on
a
vibrant
mix
of
land
uses.

Land
uses
are
allowed
as
described
by

each
of
the
applicable
Specific
Plans.

11.A.d
Packet Pg. 157 Attachment: Exhibit D: General Plan Land Use Descriptions (Urban Agriculture Ordinance)

7. LAND USE
Cotati General Plan 7-5
LU-1: General Plan Land Use Designation and Zoning District Compatibility General
Plan
Land
Use

Designation
Existing
Zoning
Districts
and

Special
or
Combining
Zones
Future
Zoning
Districts
and

Special
or
Combining
Zones
Agricultural
Mobilehome
Park
Overlay Agricultural-‐5:

5-‐acre
minimum
Agricultural-‐10:
10-‐acre

minimum
Rural
Residential Rural
Residential
Mobilehome
Park
Overlay
Low
Density
Residential Residential,
Very
Low
Density
Mobilehome
Park
Overlay
Low-‐Medium
Density

Residential
Neighborhood,
Low
Density
Mobilehome
Park
Overlay
Medium
Density
Residential Neighborhood,
Medium
Density
Mobilehome
Park
Overlay
High
Density
Residential Neighborhood,
Urban
Mobilehome
Park
Overlay
General
Commercial
Commercial,
East
Cotati
Avenue

Corridor
Commercial,
Gravenstein
Corridor
Downtown
Commercial
Office Commercial,
East
Cotati
Avenue

Corridor
Commercial/Industrial Commercial/Industrial

General
Industrial
Open
Space/Parks Open
Space,
Conservation
Open
Space,
Recreation
Public
Facilities Public
Facility
Specific
Plan Specific
Plan,
Santero
Way
Specific
Plan,
Downtown
Policy
LU

1.3:

The
Land
Use
Map
may
be
amended
from
time
to
time
to
ensure

that
there
is
an
adequate
supply
of
commercial,
industrial,
public
facility,
parks,

residential,
and
other
lands
to
serve
the
City’s
needs.

Action
LU
1a: Update
the
Zoning
Map
to
be
consistent
with
the
land

use
designations
shown
on
Figure

7.1. Action
LU
1b:

Review
the
standards
provided
in
the
Land
Use
Code
and

amend
as
necessary
for
consistency
with
General
Plan
policies
and

allowed
uses,
including:
• Create
the
Agricultural-‐5
(5-‐acre
minimum
parcel
size)
and

Agricultural-‐10
(10-‐acre
minimum
parcel
size)
to
implement
the

Agricultural
land
use
designation;
• Preclude
residential
uses
in
the
Commercial/Industrial
and
General

Industrial
districts;

11.A.d
Packet Pg. 158 Attachment: Exhibit D: General Plan Land Use Descriptions (Urban Agriculture Ordinance)

17.20.030 Purposes of the zoning districts.

The purposes of the individual zoning districts and the manner in which they are applied are as follows:

A. Low Density and Neighborhood Zones.

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

2. OSR (Open Space, Recreation) Zoning District. The OSR zoning district is applied to land in public ownership that is either used or intended for community recreational purposes, and areas of important aesthetic, historical, or public health and safety significance.

Appropriate uses include park, recreational, and cultural facilities. The OSR zoning district implements and is consistent with the parks land use designation of the general plan.

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

The RR zoning district is consistent with and implements the rural land use designation of the general plan.

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

The RVL zoning district is consistent with and implements the low density residential land use designation of the general plan.

5. NL (Neighborhood, Low Density) Zoning District. The NL zoning district is applied to areas developed with and appropriate for neighborhoods of detached and attached

11.A.e
Packet Pg. 159 Attachment: Exhibit E: Zoning Code Descriptions (Urban Agriculture Ordinance) single-family homes, and duplexes, including limited neighborhood retail uses and related, compatible uses. The maximum allowable density is six dwelling units per acre.

The allowable intensity of nonresidential land uses is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title. The NL zoning district is consistent with and implements the low-medium density land use designation of the general plan.

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

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

B. Mixed Use Corridor and Downtown Zones.

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

2. CG (Commercial, Gravenstein Corridor) Zoning District. The CG zoning district is a mixed use classification that is applied to both sides of the Gravenstein Highway from Highway 101, west to the city limits. The corridor is appropriate for a wide range of retail and service land uses that serve both the local population and regional markets, including retail uses and restaurants, with additional uses such as personal and business services,

11.A.e
Packet Pg. 160 Attachment: Exhibit E: Zoning Code Descriptions (Urban Agriculture Ordinance) and offices limited to the second floor along the Gravenstein frontage, where structures fronting Gravenstein are generally two stories. Residential uses may also be accommodated as part of mixed use projects, at a maximum density of fifteen dwelling units per acre. The allowable intensity of nonresidential development is determined by Section 17.24.030 (Zoning district site planning and building standards) of this title. The CG zoning district is consistent with and implements the general commercial land use designations of the general plan.

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

C. Districts.

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

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

D. Downtown Specific Plan Districts.

1. Historic Core (HC). The historic core district includes the portions of the Cotati downtown located south of La Plaza along both sides of Old Redwood Highway to the southern plan boundary. This area is intended to maintain its smaller scale pedestrian orientation, with building facades located primarily at the back of the public sidewalk. The historic character of existing buildings is to be preserved, and new buildings are to be designed to be compatible with the historic character. Allowable land uses include ground

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Packet Pg. 161 Attachment: Exhibit E: Zoning Code Descriptions (Urban Agriculture Ordinance) floor commercial facing Old Redwood Highway. Office and residential uses may be permitted above or on the ground floor on other streets as shown in the regulating plan and consistent with the city of Cotati zoning code. Facade renovation and/or restoration is encouraged. The HC district is subject to the applicable historic code regulations of the city’s land use codes.

2. La Plaza (LP). The La Plaza district includes the historic La Plaza Park, and properties along La Plaza Street surrounding the original park site. Policies and programs related to restoration and enhancement of the park facilities are included in the specific plan.

Properties around the park are intended to provide for small-scale ground floor retail with some office and restaurant uses that are highly compatible with the residential above, emphasizing opportunities for business operators to live above their workspaces.

Buildings are intended to emphasize small-scale ground floor pedestrian oriented storefronts or frontages, with upper floor office or residential uses. The LP district is subject to the applicable regulations of the city’s land use codes.

3. Northern Gateway (NG). The northern gateway district includes properties on both sides of Old Redwood Highway north of the La Plaza district to the southern boundary of the Commerce Avenue district. This area is intended for a new mixed-use core, accommodating a wide variety of retail, restaurants and entertainment uses, with offices and primarily residential above. Buildings are intended to emphasize ground floor pedestrian-oriented storefronts, with upper floor office or residential uses. The NG district is subject to the applicable regulations of the city’s land use codes.

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

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Packet Pg. 162 Attachment: Exhibit E: Zoning Code Descriptions (Urban Agriculture Ordinance)

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Packet Pg. 163 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open enterprise available as a resource to the community in perpetuity, under the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Grant of License. City hereby grants to Licensee a revocable, non-transferrable, nonexclusive license (the “License”) to enter the Property and for the specific uses set forth in this Agreement for the Licensed Premises. The License is subject to the terms, covenants, and conditions set forth in this Agreement, and Licensee covenants as a material part of the consideration for this Agreement to keep and perform each and all of the terms, covenants, and conditions set forth herein. The License does not grant a leasehold or grant any property rights to Licensee in the Property or the Licensed Premises. Licensee hereby acknowledge that this Agreement grants a license, not a lease, and therefore Licensee does not have a possessory interest in the Property or the Licensed Premises. City expressly retains the right to grant other licenses relating to the Property and Licensed Premises to any Other Licensees on such terms as City may, in its sole discretion, deem appropriate, but which do not unreasonably interfere with the License granted hereunder or would inhibit Licensee’s ability to perform each and all of the terms, covenants, and conditions set forth herein.

It is understood and agreed by Licensee that the Property and the Licensed Premises are subject to concurrent and superior use by the City including but not limited to the City’s use of the Property and Licensed Premises as open space or other future community use, provided, however, City will not inhibit Licensee’s ability to perform each and all of the terms, covenants, and conditions set forth herein.

Licensee shall not interfere with the use of or access to the Property or the Licensed Premises by City or by any Other Licensees, nor shall Licensee interfere with any other activity the City deems fit to conduct on the Property, including the Licensed Premises.

2. Expiration of License. The License granted hereunder will automatically expire on the fifth (5th) anniversary of the Effective Date of this Agreement (the “Expiration Date”).

Notwithstanding the foregoing, the License granted by the City herein is non-transferrable, nonexclusive, revocable, and may be terminated at any time in accordance with Section 26. City, in its sole discretion, may extend the Expiration Date upon receipt of a written request for extension from Licensee that is received a minimum of sixty (60) days prior to the Expiration Date.

If Licensee does not surrender the Property and/or the Licensed Premises upon the Expiration Date or the sooner termination of the License, Licensee shall be deemed a trespasser and shall be liable to the City for damages. Licensee agrees to indemnify, defend (with counsel approved by City) and hold the City and its elected and appointed officers, officials, employees, agents and representatives (all of the foregoing collectively “Indemnities”) harmless from and against all liability, loss, cost, claim, demand, action, suit, legal or administrative proceeding, penalty, deficiency, fine, damage and expense (including, without limitation, reasonable attorneys’ fees and costs of litigation) (all of the foregoing collectively “Claims”) resulting from Licensee’s failure to surrender the Property and/or Licensed Premises, including, without limitation, any Claims made by any Other Licensee or succeeding licensee. Licensee’s DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

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Packet Pg. 164 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open indemnification obligations set forth in this Section 2 shall not apply to Claims arising from the gross negligence or willful misconduct of the Indemnitees.

3. License Fee. For and in consideration of this Agreement and the License granted herein, on or before the Effective Date and each anniversary thereof, Licensee shall pay to City a fee (the “License Fee”) in the amount of One Dollar ($1.00) per year, which is in addition to Licensee’s agreement to operate the Licensed Premises in accordance with the Farm Work Plan.

4. Appointment of Property Manager. City hereby appoints Licensee as the Property Manager for the Licensed Premises portion of the Property with the responsibilities for managing, operating, maintaining and servicing the Licensed Premises, only (collectively, the “Management Services”). The specific Management Services required to be performed by Property Manager on the Licensed Premises are set forth in the Farm Work Plan and Exhibit C attached hereto and incorporated into this Agreement by this reference.

5. Representations and Warranties. Licensee represents and warrants to the City that: (i) Licensee and Licensee’s employees, contractors or subcontractors have the necessary skills, experience and resources to provide the Management Services at the Licensed Premises; (ii) Licensee and any of Licensee’s employees, contractors or subcontractors providing the Management Services at the Licensed Premises are qualified to perform the duties of Licensee under this Agreement in full compliance with the laws of the State of California and hold all required licenses, certifications and permits (if any) necessary to perform such duties; (iii) Licensee is duly organized entity as stated under the preamble and validly existing under the State of California; (iv) Licensee has full right, power and authority to execute, deliver and perform its obligations under this Agreement; and (v) this Agreement is a legal, valid and binding obligation of Licensee, enforceable against Licensee in accordance with its terms.

6. Conditions of Use.

A. Farm Work Plan. Within sixty (60) days of the execution of this Agreement, Licensee shall provide a plan to the City which sets forth the plan for the management and operations of the Licensed Premises Property, which shall be incorporated into an overall plan for the management and operations of the Property in coordination with any Other Licensees on the Property (the “Farm Workplan”). Licensee shall cooperate with Other Licensees to develop the Farm Workplan for submission to the City. The Farm Workplan must include, but is not limited to, all of the following :
- A detailed proposal for the operation and proposed programming of the demonstration farm.
- A detailed plan that sets forth the scope of work for the management of the Property and the Licensed Premises.
- A preliminary schedule of public events and programs, including cost estimates and estimates of off-setting revenue as well as prior Farm Work Plan year actual revenue.
- A detailed list of any animals that are owned by Parties that will be or are DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

11.A.f
Packet Pg. 165 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open residing on the Licensed Premises.
- The designation of the person that will act as the Property Manager of the Licensed Premises. This will be the City’s single point of contact for all matters concerning the Licensed Premises. Contact information shall be provided to the City and updated immediately upon any changes. - The proposed construction of any proposed new structures on the Property or the Licensed Premises. Prior to constructing structures on the Licensed Premises in accordance with the Farm Work Plan, Licensee shall obtain advance approval from the Open Space District, as required.

The Farm Workplan must be provided for approval to the City and shall be updated no less than annually each February, in consultation with the City. City meetings with Licensee shall occur at least monthly, unless another frequency is mutually agreed upon.

B. Compliance with Laws. Licensee shall comply with the Farm Workplan and with all state, federal and local laws, regulations, rules and orders, applicable to this Agreement, the management of the Demonstration Farm, the Property, the Licensed Premises and the License, including without limitation all Environmental Laws (defined in Exhibit D attached hereto and incorporated herein by reference). Licensee shall not cause or permit any Hazardous Material (defined in Exhibit D) to be generated, brought onto, used, stored, or disposed of in or about the Property.
(i) Notice of Release or Investigation. If during the term of this Agreement, Licensee becomes aware of (a) any actual or threatened release of any Hazardous Material in, on, under, or about the Property, or (b) any inquiry, investigation, proceeding, or claim by any government agency or other person regarding the presence of Hazardous Material in, on, under, or about the Property, Licensee shall give City written notice of the release or investigation within five (5) days after learning of it and shall simultaneously furnish to City copies of any claims, notices of violation, reports, or other writings received by Licensee that concern the release or investigation.
(ii) Remediation Obligations. If the presence of any Hazardous Material brought onto the Property by Licensee or Licensee’s agents, employees, invitees, customers, consultants, contractors or subcontractors results in contamination of the Property or any part thereof, Licensee shall promptly take all necessary actions to remove or remediate such Hazardous Materials, whether or not they are present at concentrations exceeding state or federal maximum concentration or action levels, or any governmental agency has issued a cleanup order, at Licensee’s sole expense, to return the Property to the condition that existed before the introduction of such Hazardous Material. Licensee shall first obtain City’s approval of the proposed removal or remedial action.

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

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Packet Pg. 166 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open C. Minimum Wage Requirements. Licensee shall comply with minimum wage laws, as those wages are determined pursuant to Labor Code Section 1182.12 et seq. (“Minimum Wage Laws”).

Licensee shall indemnify, defend (with counsel reasonably approved by City) and hold the Indemnitees harmless from and against all Claims which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of minimum wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781), whether or not any insurance policies shall have been determined to be applicable to any such Claims. It is further agreed that City does not and shall not waive any rights against Licensee which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by City, or Licensee’s deposit with City of any of the insurance policies described in this Agreement. The provisions of this Section shall survive the expiration or earlier termination of this Agreement. Licensee’s indemnification obligations set forth in this Section 6.C shall not apply to Claims arising from the gross negligence or willful misconduct of the Indemnitees.

D. Pesticide, Herbicide Use. Licensee agree not to apply pesticides, insecticides, fungicides, herbicides, or other chemical treatments on the Property, except with the prior written consent of the City Manager. At his or her sole discretion, the City Manager may either approve or disapprove of any chemical treatments.

E. Property Management. Licensee shall comply with the Farm Workplan in carrying out the required Management Services. The City reserves the right to request additional Management Services, at the discretion of the City Manager, at any time during the term of this Agreement; provided, however, Licensee shall have the option to terminate this Agreement, in accordance with Section 26, if the additional Management Services requested by the City would result in undue burden on Licensee, as determined is Licensee’s sole discretion. Except as otherwise set forth in the Farm Work Plan and Exhibit C, Licensee shall have no responsibility for management, maintenance, or operation of the Property.

F. Responsibility for Visitors. Licensee may host visitors, educational classes, and special events in accordance the Farm Workplan. Licensee will provide the City with notice of any special events anticipated to exceed 30 visitors no later than ninety (90) calendar days before the date Licensee plans to host the event, unless waived by the City Manager. Licensee will not allow visitors to enter structures that are not suitable for public entry. Licensee will ensure that all activities are conducted in accordance with the Farm Workplan, licensing and other laws and will ensure that each visitor signs a release, waiving any and all Claims against City that arise from visitor’s presence on the Property.

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

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Packet Pg. 167 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open G. Access Routes; Interference. The License includes a non-exclusive license to enter on and use the established access routes and the right of ingress and egress to and from the Property for the purposes of conducting Farm Workplan activities on the Property and providing the Management Services.

H. Improvements. Except as otherwise agreed to in writing by the City, and subject to Section 6.J, below, any changes in infrastructure, fencing, signage, structures or other improvements necessary to implement the Farm Workplan will be funded by Licensee at no cost to the City. If not included in the Farm Workplan, they must be submitted to the City Manager, and/or the Open Space District, as may be required, for written approval prior to any changes.

I. Repair and Maintenance.. All repair and maintenance of improvements installed by the Licensee, or any damage thereto due to the negligence of the Licensee, shall be the obligation of the Licensee. All minor repair expenses associated with improvements not installed by Licensee at the Licensed Premises up to $5,000 per repair or on-going maintenance and utility expenses of up to $2,000 per month shall be performed by the Licensee; provided however, that no more than four times per year Licensee may incur maintenance expenses as approved by the City Manager. Except as described under Section 7, all other maintenance and repair of the Licensed Premises shall be the obligation of the City, subject to the discretion of the City Manager and available budget to perform the work.

Licensee shall immediately notify the City Manager in writing of the need for maintenance and repair of the Licensed Premises that is the responsibility of the City.

Licensee will use its best efforts and due diligence to deliver the Management Services at the Licensed Premises in accordance with the terms and conditions set forth in this Agreement, the Farm Workplan and policies recommended from time to time by City or by Licensee and approved by City.

J. City Contribution. As agreed to annually in the Farm Work Plan, and subject to budget availability, the City will provide operational funding support for community programming, events and general property maintenance to promote engagement at the Property and Licensed Premises. Unless otherwise agreed in a specific case and subject to the City’s sole discretion, City will arrange for and construct all capital (non-maintenance) improvements. Capital improvements generally are the construction of significant new or replacement infrastructure or structures on the Licensed Premises. Determination of whether work constitutes a capital improvement is within the City’s sole discretion. All capital improvements performed by the City are subject to a mutually agreeable schedule, funding availability, and approval by the City.

K. Temporary Structures. Licensee will have the right to erect, maintain, and remove at Licensee expense, a temporary fence on the Licensed Premises, provided that such fence, including removal, does not damage the Property in any way. Any planned placement or construction of moveable buildings, temporary DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

11.A.f
Packet Pg. 168 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open structures, or signage must be included in the Farm Workplan or otherwise approved by the City in advance.

L. Reimbursement of Farm Expenses. City shall reimburse Licensee for expenses associated with activities approved in the Farm Workplan and maintenance or repairs required of Licensee as set forth in Section 6.I.

Licensee shall submit an itemized invoice to the City Manager no more frequently than monthly for reimbursement of authorized expenses associated with Farm Workplan. All expenses incurred during the City fiscal year (July 1- June 30), must be submitted no later than August 1 of each year. The City will reimburse Licensee for authorized expenses within thirty (30) days of receipt of the invoice.

M. Inspection of Property. City, its contractors and agents, together with the Open Space District, shall have the right to enter in or upon the Property and the Licensed Premises at any time to examine or inspect the same and to perform such construction, improvement, repair, or alteration as City Manager, in his or her opinion, may deem necessary and to post notices of non-responsibility.

7. Damages to Property and Licensed Premises. Licensee shall bear responsibility for the cost of any and all damages to or on the Property or Licensed Premises and improvements thereon caused by Licensee’s operations or by any act or omission of Licensee, unless such damages are caused by reasonable wear and tear, as determined by City, or caused by the sole negligence or willful misconduct of the City or Other Licensees.

8. Indemnity. Licensee shall indemnify, defend (with counsel reasonably approved by the City), and hold harmless the Indemnitees from and against any and all Claims, including reasonable attorneys’ fees, or liabilities of any kind, arising out of or in connection with Licensee’s actions or inactions relating to this Agreement or Licensee’s failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the sole negligence or willful misconduct of the City or Other Licensees. Licensee’s obligations under this Section shall survive the expiration or earlier termination of this Agreement.

9. Release. City makes no representations or warranties whatsoever regarding the condition of the Property or the Licensed Premises, including, without limitation, the suitability or fitness of the Property or the Licensed Premises for the permitted uses. Licensee shall be solely responsible for any damage or harm whatsoever suffered by Licensee, its employees, agents, contractors, servants, licensees, invitees, livestock and other property, and hereby releases, waives and discharges the City and its officers, officials, agents, employees, and volunteers from any claims and demands arising out of such damage or harm. Licensee is aware of the provisions of California Civil Code Section 1542 which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF

KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OTHER SETTLEMENT WITH THE DEBTOR.

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

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Packet Pg. 169 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open As relates to this Section, Licensee hereby waives and relinquishes all rights and benefits which Licensee may have under California Civil Code Section 1542. _______________
Licensee’s Initials

10. Liens and Other Encumbrances. Licensee shall keep the Property free and clear of any and all liens and other encumbrances.

11. Insurance. Throughout the Term, Licensee’s will maintain in full force and effect a comprehensive insurance policy applicable to Licensee’s use of the Property with limits of liability of at least:

A. General Liability: $2 million per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Property or the general aggregate limit shall be twice the required occurrence limit. Licensee’s general liability statement will name City, its respective officers, officials, agents, employees, and representatives as additional insureds. Licensee will also maintain such other insurance as required by law.

B. Automobile Liability: $1 million per accident for bodily injury and property damage.

C. Workers Compensation: Licensee’s shall provide workers compensation insurance in the amounts required by the State of California.

D. Insurance Requirements. All policies of insurance required hereunder shall be provided by insurance carriers licensed to issue such policies in the State of California and which have a current A.M. Best’s rating of no less an A:VII.

Prior to the Effective Date, Licensee’s shall furnish City with certificates of insurance in form acceptable to City evidencing the required insurance coverage and duly executed endorsements evidencing such additional insured status. The certificates shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation, termination or non-renewal of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation, termination or non-renewal. Coverage provided by Licensee shall be primary insurance and shall not be contributing with any insurance, or self-insurance maintained by City, and the policies shall so provide.

The insurance policies shall contain a waiver of subrogation for the benefit of the City.

12. Taxes.

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

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Packet Pg. 170 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open A. NOTICE IS HEREBY GIVEN THAT THE PROPERTY INTEREST TO BE

CREATED BY THIS AGREEMENT AND TO BE VESTED IN LICENSEE

PURSUANT TO THIS AGREEMENT MAY BE SUBJECT TO THE

PAYMENT OF POSSESSORY INTEREST TAXES LEVIED ON SUCH
INTEREST. THIS NOTICE IS GIVEN PURSUANT TO CAL. REVENUE & TAXATION CODE SECTION 107.6.

B. Licensee’s shall pay any and all taxes assessed as a result of the treatment of Licensee’s interest under this Agreement as a possessory interest under the Revenue and Taxation Code of the State of California. Licensee’s shall also pay before delinquency, all taxes or assessments which may be levied or assessed during the term of this Agreement on all animals and other personal property owned or placed on the Property by Licensee.

13. Assignment. This License is personal to Licensee and may not be transferred or assigned, except with the prior written consent of the City. If, during the term of this Agreement, any Other Licensee on the Property remains in default under their license agreement with the City after expiration of all applicable cure periods, the City may offer, in writing, to cause the assignment of the defaulted license agreement to Licensee before issuing the defaulted license to another entity. Licensee shall have thirty (30) days to accept that assignment of the defaulted license agreement and assume the obligations thereunder. Upon mutual agreement of the Licensee and City, the City may assign the defaulted license agreement to the Licensee.

14. Amendment. This Agreement can be amended only by a written instrument executed by the City and Licensee.

15. Waiver. The waiver by either Party of any term, covenant, or condition contained in this Agreement shall not be deemed to be a continuing waiver of such term, covenant, or condition, or any subsequent breach of the same or any other term, covenant, or condition in this Agreement.

16. No Rights in Third Parties. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies hereunder on any third party, nor is anything in this Agreement intended to relieve or discharge any obligation or liability of any third party to any Party hereto, nor shall any provision in this Agreement give any third party any right of subrogation or action over or against any Party to this Agreement.

17. Time of Essence. Time is and shall be of the essence of the performance of this Agreement.

18. Governing Law. This Agreement shall be interpreted and enforced in accordance with the laws of the State of California and the City of Cotati Municipal Code.

19. Successors and Assigns. The provisions, terms, and conditions of this Agreement shall bind and inure to the benefit of the Parties, their heirs, successors, executors, administrators, and permitted assigns. Licensee shall not assign, sublicense or transfer its rights or obligations under this Agreement without the prior written consent of the City.

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

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Packet Pg. 171 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open

20. Relationship of Parties. The Parties intend by this Agreement to establish the relationship of Parties only, and do not intend to create a partnership, joint venture, joint enterprise, or any other business relationship other than that of Parties. At all times during the term of this agreement, Licensee and Licensee employee’s, agents and any approved subcontractors or assigns shall be independent contractors and are not employees of City. Notwithstanding any other local, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Licensee and any of its employees, agents, and approved subcontractors or assigns providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City.

21. Remedies Cumulative. No remedy or election of remedies provided for in this Agreement shall be deemed exclusive, but shall be cumulative with all other remedies at law or in equity. Each remedy shall be construed to give it the fullest effect allowed by law.

22. Severability. If any provision of this Agreement or the application thereof to any person or circumstance, shall to any extent be or become invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

23. Notices, Payments, and Demands. All notices, payments, and demands of any kind which either Party may require or desire to serve on the other in connection with this Agreement shall be in writing and may be served (as an alternative to personal service) by first class mail, postage prepaid and addressed to the Party to be served as follows:

City: City Manager
201 West Sierra Avenue
Cotati, CA 9493 I
707-665-3622
Licensee: Farmster
Attn: Dustin DeMatteo
[email protected]
Either Party may change its address by giving notice of such change to the other Party in the manner provided in this Section. All notices and other communications mailed in accordance with this Section shall be deemed communicated as of the earlier of (i) actual receipt or (ii) the fifth day following deposit in the United States Mail.

24. Integration. This Agreement, including any Exhibits hereto, contains all of the agreements and understandings of the Parties with respect to any matter mentioned in this Agreement, and supersedes and terminates all prior and contemporaneous agreements between Parties with respect to the matters covered in this Agreement.

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

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Packet Pg. 172 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

26. Default and Termination. Unless otherwise set forth in this Agreement, either Party may terminate this Agreement with or without cause upon delivery of not less than 30 days’ advance written notice delivered in accordance with Section 23. If the City or Licensee provides written notice of a default of the terms of this Agreement either Party has thirty (30) days to cure the default. If the default cannot by its nature be cured within such thirty (30) day period, then the City or Licensee will have an additional thirty (30) days to cure the default. A termination for cause pursuant to this provision shall not prejudice or waive any rights or remedies in law which one Party may have against the other.

In the event of a life, health or safety issue on the Licensed Premises, as determined by the City Manager, the City may immediately terminate this Agreement and of all Licensee activities on the Property and the Licensed Premises. City may take any remedial action to abate the life, health or safety issue, at the discretion of City.

The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The foregoing does not in any way limit the City’s legal remedies, including but not limited to the remedies set forth herein. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally.

Upon termination of this Agreement, Licensee will, at Licensee’s expense, surrender the Property and Licensed Premises in good order and condition, reasonable wear and tear excepted, and will remove all of Licensee’s personal property. Except as may otherwise be agreed in writing by City and Licensee at the time of installation, all permanent improvement and alterations to the Property, including all equipment, furniture, furnishings, tools, supplies, inventory and other property of City in the possession of Licensee, other than trade fixtures owned by Licensee, will belong to City. Licensee may retain ownership of, and will remove, all sheds, mobile buildings, signs, and other non-permanent improvements Licensee may have made to the Property. Licensee shall deliver to City copies of all books, records and files in possession of Licensee relating to the management, maintenance, operation, marketing and use of the Property, and all keys, combinations to locks, and other security devices on the Property.

Licensee shall assign all existing contracts, if any, relating to the operation, maintenance, and marketing of the Property as City directs in writing. Licensee shall render such assistance as City may reasonably request to facilitate an orderly transition in the management of the Property.

27. Construction and Interpretation. It is agreed and acknowledged by Licensee that the provisions of this Agreement have been arrived at through negotiation, and that Licensee has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.

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Packet Pg. 173 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open IN WITNESS WHEREOF, Parties have executed this Agreement as of the day and year first written above.

CITY: LICENSEE
______________________________ ______________________________ Damien O’Bid, City Manager Licensee: Dustin DeMatteo
ATTEST:
______________________________
Lauren Berges, City Clerk
APPROVED AS TO FORM:
______________________________
John Bakker, City Attorney
3870403.1
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Packet Pg. 174 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open 9/1/2021
Enter Description
Exhibit A: Veronda Falletti Ranch License Areas
0 Miles 0.02
Scale 1: 1,200
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Packet Pg. 175 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open • , 1
\,'
J

RECORDING REQUESTED BY AND
RETURN TO:

Sonoma County Agricultural
Preservation and Open Space District
575 Administration Drive, Room 102A
Santa Rosa, CA 95403
Free Recording per Gov't Code Sec 6103
2008095027

OFFICIAL RECORDS OF

SONOMA COUNTY
FIDELITY NAT'L TITLE CO.JANICE ATKINSON
10/17/2008 08:00 DEED 22 PGS
RECORDING FEE: 0.00
PAID

DEED AND AGREEMENT

BY AND BETWEEN

THE CITY OF COTATI
AND

THE SONOMA COUNTY AGRICULTURAL PRESERVATION

AND OPEN SPACE DISTRICT
THE City of Cotati, a municipal corporation (hereinafter referred to as GRANTOR), and the Sonoma County Agricultural Preservation and Open Space DISTRICT, a public agency formed pursuant to the provisions of Public Resources Code sections 5500 et seq. (hereinafter DISTRICT), its successors and assigns, agree as follows:

RECITALS
A. GRANTOR is the owner in fee simple of certain real property (hereinafter "the Property") located in Sonoma County and more particularly described in Exhibit A, attached hereto and made a part of hereof.

B. In 1990 the voters of Sonoma County approved the creation of DISTRICT and the imposition of a transactions and use tax by the Sonoma County Open Space Authority ("the Authority"). The purpose for the creation of DISTRICT and the imposition of the tax by the Authority was to preserve agriculture and open space by acquiring interests in appropriate properties from willing sellers in order to meet the mandatory requirements imposed on the County and each of its cities by Government Code sections 65560 et seq. and by the open space elements of their respective general plans. In order to accomplish that purpose, DISTRICT entered into a contract with the Authority whereby, in consideration of that entity financing DISTRICT's acquisitions, DISTRICT agreed to and did adopt an acquisition program that was in conformance with the Authority's voter approved Expenditure Plan.

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Packet Pg. 176 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open C. On August 27, 2008, GRANTOR's City Council approved the Falletti Property Acquisition and determined that the plan was consistent with the GRANTOR's General Plan.

D. On July 31, 2008, the Authority's Board of Directors, in its Resolution Number 2008-013, determined that GRANTO R's request for funding for acquisition of the Falletti Property was consistent with the Authority's Expenditure Plan and authorized the expenditure of funds through District's Competitive Matching Grant Program because the funding will provide for the preservation of much needed open space within an urban area, and as well improve outdoor recreational access for urban residents.

F. DISTRICT has the authority to acquire conservation easements by virtue of Public Resources Code section 5540 and possesses the ability and intent to enforce the terms of this Agreement.

THEREFORE, in consideration of the foregoing recitations and of the mutual covenants, terms, conditions, and restrictions herein set forth and other valuable consideration receipt of which is hereby acknowledged, GRANTOR and DISTRICT agree as follows:

1. Grant and Acceptance of Conservation Easement. Pursuant to the common and statutory law of the State of California including the provisions of Civil Code sections 815 to 816, inclusive, GRANTOR hereby grants to DISTRICT and DISTRICT accepts a conservation easement (hereinafter "this Easement" or "the Easement") in the Property in perpetuity.

2. Statement of Purpose. It is the purpose of this Agreement to preserve the open space, recreational and educational, agricultural, natural resource and scenic values of the Property, and each of them, and to prevent any uses of the Property that will significantly impair or interfere with those values. Specifically, the Property, situated at the comer of West Sierra Avenue and East School Street in Cotati, consists of one 4.37-acre rural parcel surrounded on all sides by urban development. The preservation of the Property provides vital open space in the City of Cotati for active outdoor public recreational, educational and agricultural activities integral to preserving the open space character of the City of Cotati.

Specifically, the Property will be developed for a public park with agricultural uses and this Easement will preserve these uses in perpetuity. These purposes, as further defined by the provisions of this Agreement, are generally referred to collectively hereinafter as "the Conservation Purpose of this Easement".

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Packet Pg. 177 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open GRANTOR intends that this Agreement will confine the uses of the Property to the following, which are consistent with the conservation purpose of this Agreement: (a) active outdoor public recreational and educational activities, (b) agricultural activities, and ( c) habitat restoration and enhancement activities.

3. Affirmative Rights Granted to the DISTRICT. GRANTOR conveys the following rights to DISTRICT:

3.1 Protecting Conservation Values. DISTRICT shall have the right to identify, preserve and protect the Conservation Values of the Property; and

3.2 Property Inspections. DISTRICT shall have the right to enter upon the Property and to inspect, observe, and study the Property for the purposes of (i) identifying the current uses and practices thereon and the condition thereof, (ii) monitoring the uses and practices regarding the Property to determine whether they are consistent with this Easement, and (iii) enforcing the terms of this Easement pursuant to Sectiori 13 below.

Entry shall be permitted at least once a year at reasonable times, upon 24 hours' prior notice to GRANTOR, and shall be made in a manner that will not unreasonably interfere with GRANTOR's use and quiet enjoyment of the Property pursuant to the terms and conditions of this Easement. Each entry shall be for only so long a duration as is reasonably necessary to achieve the inspection, monitoring and subsequent enforcement, if applicable, but may not be limited to a single physical entry during a single twenty-four hour period.

3.3 Approval of Certain Activities. DISTRICT shall have the right to review and approve proposed uses and activities as more specifically set forth in Section 5 and Exhibit B herein, and in accordance with Section 7.

4. GRANTOR 's Reserved and Restricted Rights. Any activity on the Property or use of the Property which is inconsistent with the Conservation Purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the activities and uses as set forth in Exhibit B attached hereto are expressly reserved or restricted. This list does not constitute an exhaustive recital of consistent and inconsistent activities and uses, but rather, (a) establishes specific allowed and prohibited activities and uses and (b) provides guidance in determining the consistency of other activities with the Conservation Purpose of this Easement pursuant to the procedure set forth in Section 7 of this Easement.

5. GRANTOR's Reserved Rights. In addition to the express rights reserved in Exhibit B, GRANTOR reserves to itself and to GRANTOR's personal representatives, heirs, successors and assigns, all rights accruing from its ownership of the Property, including the Falletti Ranch Conservation Easement 08.20.08.doc
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Packet Pg. 178 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open right to engage in, or permit or invite others to engage in all uses of the Property that are not expressly prohibited or restricted herein and are not inconsistent with the Conservation Purpose of this Easement.

The allowed uses, practices and rights to improve the Property which are not retained by GRANTOR above or allowed under Exhibit B are hereby extinguished. In the event that such extinguishment is determined to be unlawful or otherwise unenforceable, then those uses, practices and rights contributing to the improvement of the Property are hereby assigned by GRANTOR to DISTRICT. Neither GRANTOR nor DISTRICT shall use or receive the benefit from any increase in allowable uses, practices and rights to improve the Property, that are inconsistent with this Easement, resulting from any change in applicable governmental land use regulations.

6. Merger of Parcels. GRANTOR acknowledges that the Property currently consists of a one parcel as shown on the current Sonoma County Assessment Roll.

GRANTOR further acknowledges that one or more additional parcels may exist on the Property through the recognition of previously unrecognized parcels created by patent or deed conveyances, subdivisions, lot line adjustments, surveys, recorded or unrecorded maps or other documents and, that existing or future land use regulations might permit these parcels to be sold or otherwise conveyed separately from one another as separate legal parcels. It is the intent of GRANTOR and DISTRICT to prevent the separate conveyance of any of these parcels. To the extent not already accomplished as a condition precedent to the acceptance by DISTRICT of this Easement, GRANTOR shall apply for and pursue to completion an application to the County of Sonoma, or, such other governmental agency having jurisdiction, for the consolidation or merger of any existing parcels or claimed parcels of the Property into a single parcel. If the parcels cannot be merged because of their lack of contiguity or for any other reason, GRANTOR shall pursue and secure such other applicable legal restrictions so that no such existing parcels or claimed parcels may be separately sold or conveyed from the others or the property as a whole.

7. Notice and Approval Procedures. Some uses permitted by this Easement require that prior written notice be given by GRANTOR to DISTRICT, while other uses permitted by this Easement require the prior written approval of DISTRICT. Any activity proposed to be done or undertaken by GRANTOR which requires prior notice or the prior approval of DISTRICT shall be commenced only after satisfaction of the requirements of this Section and of Section 18. Notice shall be given or approval requested by using the appropriate form available at DISTRICT's offices. DISTRICT may consider notices and requests for approval in different forms, provided that all necessary information is provided to permit DISTRICT to make an informed judgment as to the consistency of the GRANTOR's request with the terms of this Easement.

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Packet Pg. 179 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open

7.1 Uses/Activities Requiring Notice to DISTRICT. GRANTOR shall deliver the notice to DISTRICT at least forty-five (45) days prior to the commencement of any use or practice requiring notification.

7.2 Uses/Activities Requiring Prior Approval from DISTRICT.

DISTRICT shall have forty-five ( 45) days from the receipt of a complete request for approval to review the proposed use or practice and to approve, conditionally approve, approve with modifications, disapprove or otherwise respond to the request. If the request for approval is approved, conditionally approved or approved with modifications, the requested use or practice may only be undertaken in accordance with the terms, conditions and modifications of the approval. DISTRICT's decision to disapprove a request for approval shall be supported by a finding that the requested use or practice is inconsistent with the Conservation Purpose of this Easement or that the request for approval is incomplete or inaccurate. The approval of the DISTRICT obtained in one circumstance shall not be deemed or construed to be a waiver by DISTRICT of any subsequent change in use or practice.

7.3 DISTRICT's Failure to Respond. Should DISTRICT fail to post its response to GRANTOR's request for approval within forty-five (45) days of the receipt of said notice, GRANTOR shall send a second notice by registered or certified mail. Should DISTRICT fail to respond to the second notice within ten (10) days of the receipt thereof, GRANTOR may appeal to DISTRICT's Board of Directors.

7.4 Non-Permitted Uses; DISTRICT's Approval. In the event GRANTOR desires to commence a use or practice on the Property which is not expressly reserved or prohibited in Exhibits Band C or Section 5, GRANTOR shall seek DISTRICT's prior written approval of such use or practice in accordance with the procedure set forth in Section 7 .2 above. The exercise of any use or practice pursuant to a right not expressly reserved in Exhibit B or Section 5 may constitute a breach of this Easement and be subject to the provisions of Section 13.

8. Costs and Liabilities Related to the Property.

8.1 Maintenance of the Property. GRANTOR agrees to bear all costs and liabilities of any kind related to the operation, upkeep, and maintenance of the Property and does hereby indemnify and hold DISTRICT harmless therefrom. Without limiting the foregoing, GRANTOR agrees to pay any and all real property taxes, fees, exactions and assessments and each of them levied or imposed by local, state or federal authorities on the Property. GRANTOR shall be solely responsible for any costs related to the maintenance of Falletti Ranch Conservation Easement 08.20.08.doc
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Packet Pg. 180 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open general liability insurance covering acts on the Property. Except as specifically set forth in Section 9.2 below, DISTRICT shall have no responsibility whatever for the operation of the Property, the monitoring of hazardous conditions thereon, or the protection of GRANTOR, the public, or any third parties from risks relating to conditions on the Property. GRANTOR hereby agrees to indemnify and hold DISTRICT harmless from and against any damage, liability, claim, or expense (including attorneys' fees) relating to such matters. Without limiting the foregoing, DISTRICT shall not be liable to GRANTOR or any other person or entity in connection with consents given or withheld hereunder, or in connection with any entry upon the Property occurring pursuant to this Easement, or on account of any claim, liability, damage, or expense suffered or incurred by or threatened against GRANTOR or any other person or entity, except as such claim, liability, damage, or expense is the result of DISTRICT'S negligence, gross negligence, or intentional misconduct.

8.2 Hazardous Materials. Notwithstanding any other provision of this Easement to the contrary, the parties do not intend and this Easement shall not be construed such that (1) it creates in DISTRICT the obligations or liabilities of an "owner" or "operator" as those words are defined and used in environmental laws, as defined below, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 United States Code, sections 9601 et seq. and hereinafter "CERCLA") or (2) it creates in DISTRICT the obligations or liabilities of a person described in 42 United States Code section 9607(a)(3) or (3). DISTRICT has the right to investigate and remediate any hazardous materials, as defined below, associated with the Property or ( 4) DISTRICT has any control over GRANTOR'S ability to investigate and remediate any hazardous materials associated with the Property. GRANTOR represents, warrants and covenants to DISTRICT that GRANTOR'S use of the Property shall comply with all environmental laws as that phrase is defined below. For the purposes of this Easement:
i. The term "hazardous materials" includes, without limitation, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA, the Hazardous Materials Transportation Act, as amended (49 United States Code sections 1801 et seq.), the Resource Conservation and Recovery Act of 1976, as amended (42 United States Code sections 6901 et seq.), sections 25117 and 25316 of the California Health & Safety Code, and in the regulations adopted and publications promulgated pursuant to them, or any other federal, state, or local environmental laws, ordinances, rules, or regulations concerning the environment, industrial hygiene or public health or safety now in effect or enacted after this date of this Easement.

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Packet Pg. 181 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open ii. The term "environmental laws" includes, without limitation, any federal, state, local or administrative agency statute, regulation, rule, ordinance, order or requirement relating to environmental conditions or hazardous materials.

9. Indemnities.

9.1 GRANTOR'S Indemnitv. GRANTOR shall hold harmless, indemnify, and defend DISTRICT, its agents, employees, volunteers, successors and assigns, from and against damages, liabilities, claims and expenses, including reasonable attorneys' fees, arising from or in any way connected with (i) injury to or the death of any person, or physical damage to property resulting from any act, omission, condition or other matter related to or occurring on or about the Property, except as such damage, liability, claim or expense is the result of the negligence, gross negligence, or intentional misconduct of DISTRICT (it being the intent of this provision to limit GRANTOR'S indemnity to the proportionate part of DISTRICT'S damage, liability, claim or expense for which GRANTOR is responsible); and (ii) the obligations specified in Section 8. In the event of any claim, demand, or legal complaint against DISTRICT, the right to the indemnification provided by this Section 9.1 shall not apply to any cost, expense, penalty, settlement payment, or judgment, including attorneys' fees, incurred prior to DISTRICT'S written notice of such claim, demand, or legal complaint to GRANTOR, unless GRANTOR has acquired knowledge of the matter by other means, nor to any costs, expenses, or settlement payment, including attorneys' fees, incurred subsequent to that notice unless such cost, expense, or settlement payment shall be approved in writing by GRANTOR, which approval shall not be unreasonably withheld.

9.2 DISTRICT'S Indemnitv. DISTRICT shall hold harmless, indemnify, and defend GRANTOR, its heirs, devisees, successors and assigns, from and against all damages, liabilities, claims and expenses, including reasonable attorneys' fees, arising from or in any way connected with injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property and attributable to DISTRICT, except to the extent that such damage, liability, claim or expense is the result of the negligence, gross negligence, or intentional misconduct of GRANTOR (it being the intent of this provision to limit DISTRICT'S indemnity to the proportionate part of GRANTOR'S damage, liability, claim or expense for which DISTRICT is responsible). In the event of any claim, demand, or legal complaint against GRANTOR, the right to the indemnification provided by this Section 9.2 shall not apply to any cost, expense, penalty, settlement payment, or judgment, including attorneys' fees, incurred prior to GRANTOR'S written notice of such claim, demand, or legal complaint to DISTRICT, nor to any costs, expenses, or settlement payment, including attorneys' fees, incurred subsequent to that notice unless such cost, expense, or settlement Falletti Ranch Conservation Easement 08.20.08.doc
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Packet Pg. 182 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open payment shall be approved in writing by DISTRICT, which approval shall be in DISTRICT'S sole discretion. DISTRICT hereby also agrees to hold harmless, indemnify and defend GRANTOR from and against all damages, liabilities, claims and expenses, including attorneys' fees, asserted against GRANTOR by any officer, agent, employee, or volunteer of DISTRICT, for personal injury and/or property damage arising out of any inspection or visit to the Property by any such officer, agent, employee or volunteer of DISTRICT, except to the extent that such injury is attributable to the negligence, intentional act or willful misconduct of GRANTOR.

10. Public Access to the Property. Nothing in this Easement shall be construed to preclude GRANTOR's right to grant access to third parties across the Property, provided that such access is allowed in a reasonable manner and is consistent with the Conservation Purpose of this Easement and so long as such activity is undertaken subject to the terms and conditions of this Easement.

11. Interpretation and Construction. To the extent that this Easement may be uncertain or ambiguous such that it requires interpretation or construction, then it shall be interpreted and construed in such a way that meets the Conservation Purpose of this Easement. It is the intention of the parties that any interpretation or construction shall promote the Conservation Purpose of this Easement.

12. Baseline Documentation for Enforcement. District acknowledges that the present uses of the Property are consistent with the Conservation Purpose of this Easement.

In order to establish the present condition of the Property, DISTRICT has prepared a Baseline Documentation Report which will be maintained on file with DISTRICT and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this Easement. The parties agree that the Baseline Documentation Report provides an accurate representation of the Property at the time of the execution of this Easement.

13. Remedies for Breach.

13.1 DISTRICT's Remedies. In the event of a violation or threatened violation of any term, condition, covenant, or restriction contained in this Easement, DISTRICT may, following notice to GRANTOR, which notice shall contain a reasonable and specific cure period, institute a suit to enjoin and/or recover damages for such violation and/or to require the restoration of the Property to the condition that existed prior to such violation. The notice shall be a general written notification of the condition claimed by the DISTRICT to be a violation that is either mailed or otherwise delivered by DISTRICT to GRANTOR. If DISTRICT reasonably determines that circumstances require immediate action to prevent or mitigate damage to the values protected by this Easement, DISTRICT Falletti Ranch Conservation Easement 08.20.08.doc
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Packet Pg. 183 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open may pursue its remedies under this paragraph without waiting for the cure period to expire, and shall have the right, upon the giving of 24 hours' notice, to enter the Property for the purpose of assessing damage or threat to the Conservation Values protected by this Easement and determining the nature of curative or mitigation actions that should be taken.

DISTRICT's rights under this Section apply equally in the event of either actual or threatened violations of the terms of this Easement, and GRANTOR agrees that DISTRICT's remedies at law for any violation of the terms of this Easement are inadequate and that DISTRICT shall be entitled to the injunctive relief described herein, both prohibitive and mandatory, in addition to such other relief, including damages, to which DISTRICT may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies.

13.2 DISTRICT'S Discretion. Enforcement of the terms of this Easement shall be at the sole discretion of DISTRICT, and any forbearance by DISTRICT to exercise its rights under this Easement in the event of any breach of any term of this Easement by GRANTOR shall not be deemed or construed to be a waiver by DISTRICT of such term or of any subsequent breach of the same or any other term of this Easement. Any failure by DISTRICT to act shall not be deemed a waiver or forfeiture of DISTRICT'S right to enforce any term, condition, covenant, or purpose of this Easement in the future.

13.3 Liquidated Damages. Inasmuch as the actual damages resulting from the loss or depreciation of the Conservation Values of the Property and caused by its breach by GRANTOR are uncertain and would be impractical or extremely difficult to measure, the parties agree that the damages allowed by Civil Code section 815.7(c) shall be measured as follows:
(a) For an improvement prohibited by this Easement, an amount equal to the product of (i) the market value of the improvement, (ii) the length of time that the improvement exists on the Property (in terms of years), and (iii) the then current annual interest rate for post judgment interest; and
(b) For an activity or change in use prohibited by this Easement, whether or not it involves an improvement, an amount equal to any economic gain realized by GRANTOR because of the activity or change in use; and (c) For an activity or change in use prohibited by this Easement, whether or not it involves an improvement and where there is no measurable economic gain realized by GRANTOR, the product of (i) the cost of restoration, as set forth in a written estimate by a qualified person selected by DISTRICT, (ii) the length of time that the Falletti Ranch Conservation Easement 08.20.08.doc
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Packet Pg. 184 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open prohibited activity or use continues (in terms of years) and (iii) the then current annual interest rate for post judgment interest.

13.4 GRANTOR'S Compliance. If DISTRICT, in the notice to GRANTOR, demands that GRANTOR remove an improvement, discontinue a use or both and claims the damages allowed by Civil Code section 815.7(c), then GRANTOR may mitigate damages by fully complying with DISTRICT'S notice within the cure period provided therein. In the event oflitigation arising out of the notice, brought either by GRANTOR or by DISTRICT, in which GRANTOR prevails, then GRANTOR shall be entitled to economic damages; provided, however, that neither DISTRICT nor GRANTOR shall be entitled to damages where DISTRICT has not claimed damages in its notice.

13.5 Remedies Nonexclusive. The remedies set forth in this Section 13 are not intended to displace any other remedy available to either party as provided by this Easement, Civil Code sections 815 et seq. or any other applicable local, state or federal law.

14. Acts Beyond GRANTOR'S Control. Nothing contained in this Easement shall be construed to entitle DISTRICT to bring any action against GRANTOR for any injury to or change in the Property resulting from causes beyond GRANTOR'S control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by GRANTOR under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes so long as such action, to the extent that GRANTOR has control, is designed and carried out in such a way as to further the Conservation Purpose of this Easement.

15. Condemnation. In the event that the Property or some portion thereof is condemned for public use by an entity other than DISTRICT, the market value for purposes of just compensation shall be determined as though this Easement did not exist and GRANTOR and DISTRICT shall share the compensation on the following basis:

GRANTOR 1 % and DISTRICT 99%. These percentages are derived from the purchase price paid for the fee title of the property before being encumbered by the conservation easement. In the apportionment of the proceeds from an eminent domain proceeding, an adjustment shall be made in GRANTOR's favor for any increase in value after the date of this Easement that is attributable to improvements; provided such increase in value is earned through GRANTO R's efforts and is not the result of value added by this easement, the passage of time or other passive means; and provided, further, that such increase in value is not the result of activities constituting a breach of this Easement.

16. Agreement to Bind Successors. The Easement herein granted shall be a burden upon and shall continue as a restrictive covenant and equitable servitude running in Falletti Ranch Conservation Easement 08.20.08.doc
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Packet Pg. 185 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open perpetuity with the Property and shall bind GRANTOR, GRANTOR's heirs, personal representatives, lessees, executors, all persons claiming under GRANTOR, and GRANTOR's successors, including but not limited to purchasers at tax sales, and assigns forever. The parties intend that this Easement shall benefit and burden, as the case may be, their respective successors, assigns, heirs, executors, administrators, agents, employees, and all other persons claiming by or through them pursuant to the common and statutory law of the State of California, including, inter alia, Civil Code sections 815-816.

17. Subsequent Deeds and Leases. GRANTOR agrees that a clear reference to this Easement will be made in any subsequent deed, or other legal instrument, by means of which any interest in the Property (including, but not limited to, a leasehold interest) is conveyed, that GRANTOR will attach a copy of this Easement to any such instrument, and that GRANTOR will notify DISTRICT in writing ten (10) days prior to any such conveyance. These obligations of GRANTOR shall not be construed as a waiver or relinquishment by DISTRICT of rights created in favor of DISTRICT by this Easement.

18. Notices. All notices, (including requests, demands, approvals, or communications) under this Easement shall be in writing.

18.1 Method of Delivery. Notice shall be sufficiently given for all purposes as follows:
(a) When personally delivered to the recipient, notice is effective on delivery.
(b) When mailed first class to the last address of the recipient known to the party giving notice, notice is effective on delivery. ( c) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. ( d) When delivered by overnight delivery with charges prepaid or charged to the sender's account, notice is effective on delivery if delivery is confirmed by the delivery service.
( e) When sent by telex or fax to the last telex or fax number of the recipient known to the party giving notice, notice is effective on receipt as long as (1) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery or (2) the receiving party delivers a written confirmation of receipt. Subject to the foregoing requirements, any notice given by telex or fax shall be considered to have been received on the next business day if it is received after 5 p.m. (recipient's time) or on a nonbusiness day.

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Packet Pg. 186 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open

18.2 Refused, Unclaimed, or Undeliverable Notices. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be considered to be effective as of the first date that the notice was refused, unclaimed, or considered undeliverable by the postal authorities, messenger, or overnight delivery service.

18.3 Addresses. Addresses for purposes of giving notice are set forth below:

To GRANTOR: Dianne Thompson, City Manager
City of Cotati
201 West Sierra A venue
Cotati, CA 94931
To DISTRICT: Andrea Mackenzie, General Manager
Sonoma County Agricultural Preservation
and Open Space District
7 4 7 Mendocino A venue
Santa Rosa, CA 95401

19. Entire Agreement; Severability. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in a written amendment executed by GRANTOR and DISTRICT and recorded by the Sonoma County Recorder. In the event any provision of this Easement is determined by the appropriate court to be void and unenforceable, all remaining terms and conditions will remain valid and binding.

20. Estoppel Certificates. DISTRICT shall, at any time during the existence of the Easement, upon not less than thirty (30) days' prior written notice from GRANTOR, execute and deliver to GRANTOR a statement in writing certifying that the Easement is unmodified and in full force and effect ( or, if modified, stating the date of execution and date of recording of the respective amendment) and acknowledging that there is not, to DISTRICT'S knowledge, any default by GRANTOR hereunder, or, if DISTRICT alleges a default by GRANTOR, specifying such default. DISTRICT's obligation to deliver the statement of certification is conditioned on GRANTOR's reimbursing DISTRICT for all costs and expenses reasonably and necessarily incurred in its preparation as determined by DISTRICT's General Manager.

Falletti Ranch Conservation Easement 08.20.08.doc
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DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

11.A.f
Packet Pg. 187 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open IN WITNESS WHEREOF, GRANTOR and DISTRICT have executed this Easement this day of tJc.fahecl] ~ , 20 &~ .

ATTEST:

GRANTOR:

By:
~~=~c-;ip::=s:=:o:':".n'.""", -;C~ity~M~an=--:a::-=g::--::e-=-rOT ATI (The signatory warrants and represents to
DISTRICT that she has been authorized by the
City to execute this Agreement)
::ST~k--
Mike Kerns, President
Board of Directors
~ ~JJ ~ ~ ·D::-
Robert Deis, Clerk of tne Board of
Directors
[ACKNOWLEDGEMENTS]
Falletti Ranch Conservation Easement 08.20.08.doc
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DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

11.A.f
Packet Pg. 188 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Sonoma } ss
On September 25, 2008, before me, Tamara L. Taylor, Notary Public, personally appeared Dianne Thompson who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
~-······--···· @ TAMARA L. TAYLOR
_ Commission # 1562042 ~ i Notary Public • California f Sonoma County -
My Comm. Expires Apr 18, 200
Notary Seal
DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

11.A.f
Packet Pg. 189 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
•
State of California
County of __ S_o_n_o_m_a __________ _ }
On ~, /P/tML i'!ate
before me, Carol E. Woodson, Notary Public Here Insert Name and Title of the Officer personally appeared __ M_1_· _k_e_K_e_r_n_s _____ ____,.,---,-,-.,...,,,...-----,--,-------------- Name(s> of Signer(s)
T"' COMM. #1738257

NOTARY PUBLIC-CALIFORNIA
SONOMA COUNTY ..... My Comm. Expires APRIL 12, 2:1.-l:

Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the personW whose name~ islat=e--subscribed to the
within instrument and acknowledged to me that
hc/shotthoy executed the same in his/hertthoir authorized capacity(ies), and that by his/her:/their cignatur~n the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature __ ~~~-=-£.,.... ¼__...,...,.,.~-:----c:---c--c----- si9nature of Notary Public

OPTIONAL------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document D d d Ag t b t th c · t f c t t · d ee an reemen e ween e 1 yo o a 1 an Title or Type of Document: AP0SD for Conservation Easement Falletti Ranch Document Date: ____________________ Number of Pages: ________ _ Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: _____________ _
D Individual
D Corporate Officer - Title(s):

D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: _________ _
Signer Is Representing: ____ _

RIGHT THUMBPRINT

OF SIGNER
Top of thumb here
Signer's Name: ______________ _
0 Individual
D Corporate Officer - Title(s): ________ _
D Partner - D Limited D General
□ Attorney in Fact
□ Trustee
□ Guardian or Conservator
□ Other: __________ _
Signer Is Representing: ____ _

RIGHT THUMBPRINT

OF SIGNER
Top of thumb here
• ©2007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 DocuSign Envelope ID: ADF6694F-B380-4BE9-8D7F-1604AC9EB771

11.A.f
Packet Pg. 190 Attachment: Exhibit F: License Agreement between City of Cotati and Farmster for Falletti Ranch and Sonoma County Agriculture and Open EXHIBIT "A"
Legal Description
The land herein referred to is situated in the State of California, County of Sonoma, City of Cotati, and is described as follows:

Beginning at a point in the center line of Valparaiso Avenue, South 6° 30' West 169.7 feet from the Northwest corner of Villa Lot No. 4 as shown on a Map of Plan entitled, "Plan of the Townsite of Cotati, being Subdivision No, 6 Rancho Cotati", which Map or Plan was filed in the office of the County Recorder of Sonoma County, California June 7, 1893; thence North 64° 19' East 460.3 feet to the center line of Olaf Street; thence along the center line of Olaf Street Southerly to the center line of Roblar Avenue; thence along the center line of Roblar Avenue, Southerly to its junction with Stony Point Road; thence continuing along the center line of Roblar Avenue Northwesterly 482.4 feet to the center line of Valparaiso Avenue; thence along the center line of the last mentioned Avenue, North 6° 30' West 82 feet, North 6° 30' East 160.3 feet to the point of beginning.

Excepting therefrom all that portion as described in the Grant Deed recorded February 9, 1949, in Book 859, at

Page 434 ends

Cotati City CouncilMarch 22, 2022

Cotati City Council
March 22, 2022