ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI AMENDING SECTION 17.24.020 (ALLOWABLE LAND USES) AND SECTION 17.24.030 (STANDARDS FOR ALL DEVELOPMENT AND LAND USES) OF THE COTATI
MUNICIPAL CODE TO STREAMLINE THE REVIEW OF CERTAIN MULTIFAMILY
HOUSING PROJECTS AND REMOVE BARRIERS TO MULTIFAMILY HOUSING
DEVELOPMENT
WHEREAS, the availability and affordability of housing is a substantial concern for individuals of all demographics, ages, and economic backgrounds in communities throughout California; and
WHEREAS, over the last several years the State of California has adopted numerous legislative bills intended to increase the supply of housing in California, including the Building Jobs and Homs Act (SB 2, 2017) which supports development of this Ordinance through its SB 2 Planning Grants program; and
WHEREAS, on March 24, 2015, the City Council adopted the updated Cotati General Plan, and on May 19, 2015, the City Council adopted the Housing Element, which sets forth policies and programs intended to remove constraints and promote the development of additional affordable housing in Cotati; and
WHEREAS, adoption of changes to Land Use Code are necessary to implement the objectives of the General Plan and Housing Element; and WHEREAS, on March 7, 2022, the Planning Commission held a duly noticed public hearing to consider the proposed Land Use Code amendments and recommended City Council approval of the implementing draft ordinance; and
WHEREAS, on April 26, 2022, the City Council held a duly noticed public hearing at which time all interested persons were given an opportunity to be heard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals Made Findings.
The above recitals constitute a part of the findings made by the City Council in adopting this Ordinance.
SECTION 2. Record.
The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the General Plan and Housing Element adopted by the City Council in 2015, 2) the Final Environmental Impact Report (FEIR) certified for the General Plan, and 3) all staff reports, City files, records, and other documents prepared for and/or submitted to the City Council related to the adoption of the zoning amendments.
SECTION 3. Compliance with the California Environmental Quality Act (CEQA).
The City Council of the City of Cotati does hereby find that the Ordinance to amend the Land Use Code to streamline the review of certain multifamily housing projects and remove barriers to multifamily housing development fulfills certain policies and objectives identified in the 2015 General Plan and Housing Element, and is consistent with the program level Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update (certified on March 24, 2015 (Resolution No. 2015-11)). Pursuant to Section 15168 of the CEQA Guidelines, no further environmental review is required.
SECTION 4. Amendment to the Cotati Municipal Code.
Section 17.22.020, Table 2-2 is amended, as shown in strike-out (deleted) and underline (added) text, as follows:
Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU Specific Use
Regulations
Agricultural and Open Space Uses
Agricultural accessory structure UP – P P – – – 17.42.020 Animal keeping S S S S S S S 17.42.040
Crop production, horticulture, orchard, vineyard – – UP – – – – Plant nursery – – UP – – – –
Winery, small scale – – UP (2) – – – –
Industry, Manufacturing and Processing, Wholesaling
Artisan/craft product manufacturing – – UP (3) – – – –
Recreation, Education and Public Assembly Uses
Community garden – MUP MUP MUP MUP MUP MUP
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
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU Specific Use
Regulations
Equestrian facility – UP UP – – – –
Meeting facility, public or private – – – – 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 UP – – – – – –
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 – – – – – UPP P 17.42.120 Multifamily housing, 5 to 9 units – – – – – UPP UPP 17.42.120 Multifamily housing, 10 or more units – – – – – – UPP 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
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
Permit Required by District
Land Use(1)
OSC OSR RR RVL NL NM NU Specific Use
Regulations
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 Produce stand – – UP – – – – 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 – – – – – UP UP 17.42.060 Kennel, animal boarding – – UP – – – –
Lodging – Bed and breakfast inn (B&B) – – UP UP – – – 17.42.050 Personal services – 1,000 sq. ft. or less – – – – – UP UP Public safety facilities – – UP UP UP UP UP
Transportation, Communications and Infrastructure
Solar collector S S S S S S S 17.30.084
Windmills – – UP – – – – 17.42.190
Key to Zoning District Symbols
Key to Zoning District Symbols
OSC Open Space – Conservation NL Neighborhood – Low Density OSR Open Space – Recreation NM Neighborhood – Medium Density RR Rural Residential NU Neighborhood – Urban
RVL Residential, Very Low Density
Notes:
(1) See Article 9 of this title for land use definitions. (2) May be approved only in conjunction with an on-site vineyard of three acres or larger. (3) May be approved only on a site of three acres or larger. (4) Use permit approval shall require that the review authority first find that the location of a proposed single-family dwelling on a parcel that may be further subdivided will not preclude future subdivision and development in compliance with the general plan.
SECTION 5. Amendment to the Cotati Municipal Code.
Section 17.24.030, Tables 2-10 and 2-11, and Figure 2-14 are amended, as shown in strike-out (deleted) and underline (added) text, as follows:
Table 2-10
NM Zone Standards
Development Standard NM Zone Requirement
Setbacks – Minimum setbacks required, as shown in Figure 2-11. See Section 17.30.020 for exceptions.
Front 20 ft.
Side – Interior (each) 5 ft.; 10 ft. for multifamily structures; none required for rowhouse units.
Side – Street side 10 ft.
Rear 20 ft.
Garage 10 ft. back from street-facing facade of main structure, exclusive of porch.
Accessory structures See Section 17.42.160 (Residential accessory uses and structures) Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.
Allowed frontage types Common yard, porch
Allowed encroachments See Section 17.30.020(F), Table 3-1 Site coverage – Maximum percentage of site area that may be covered by structures and pavement.
Maximum coverage 50%55%
Height limit – Maximum allowable height of structures. See Section 17.30.040 (Height limits and exceptions) for height measurement requirements, and height limit exceptions. See Figure 2-12.
Development Standard NM Zone Requirement
Main structure 28 ft.
Accessory structures See Section 17.42.160
Table 2-11
NU Zone Standards
Development Standard NU Zone Requirement
Build-to-lines – Required separation of primary structure from specified property line, as shown in Figure 2-13. See Section 17.30.020 for exceptions.
Front 15 ft.
Setbacks – Minimum setbacks required as shown in Figure 2-13. See Section 17.30.020 for exceptions.
Front See build-to-lines required above
Side – Interior (each) 10 ft. for 1-story building walls; 15 ft. for 2-story building walls; none required for rowhouse units.
Side – Street side 15 ft.
Rear 15 ft.
Garage 10 ft. back from street-facing facade of main structure, exclusive of porch.
Accessory structures See Section 17.42.160
Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.
Allowed frontage types Common yard, porch, forecourt, stoop Allowed encroachments See Section 17.30.020(F), Table 3-1 Site coverage – Maximum percentage of site area that may be covered by structures and pavement.
Maximum coverage 60%75%
Height limit – Maximum allowable height of structures.1 See Section 17.30.040 for height measurement, and height limit exceptions. See Figure 2-14.
Main structure 28 ft.; 35 ft. with use permit35 ft.
Accessory structures See Section 17.42.160
1 Maximum height is twenty-eight feet, except buildings up to thirty-five feet are allowed without a use permit for development that provides forty percent or more units affordable to extremely low- and very low-income households as defined by Sections 50105 and 50106 of the Health and Safety Code; however, multifamily buildings adjacent to existing single-story residential development shall continue to be restricted to a maximum height of twenty-eight feet SECTION 6. Severability
The provisions of this ordinance are severable and if any provision, clause, sentence, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances.
SECTION 7. Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after its final passage.
SECTION 8. Publication or Posting.
The City Clerk of the City of Cotati shall cause this Ordinance to be published or posted as required in Section 36933 of the Government Code of the State of California.
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk