Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Introduction of an ordinance amending the Cotati Land Use Code to streamline the review and permitting of certain multifamily housing projects and remove barriers to multifamily housing development.
Date: April 26, 2022
Written by: Jon-Paul Harries, Senior Planner
Recommendation
It is recommended that the City Council hold a public hearing and introduce the ordinance amending Title 17 of Cotati Municipal Code (Land Use) to streamline the review and permitting of certain multifamily housing projects and remove barriers to multifamily housing development.
Background
The attached proposed ordinance is intended to implement several of the action items and programs set forth in Cotati’s General Plan that would streamline the review and permitting of certain multifamily housing projects and remove barriers to multifamily development.
Multifamily development is permitted in the residential NM (Neighborhood, Medium Density) and NU (Neighborhood, Urban) zoning districts, and can also be developed as part of a mixeduse project in the city’s commercial zones and specific plan areas. The proposed ordinance would only affect multifamily projects in the NM and NU zoning districts and amends the Land Use Code as follows:
1. Increases the maximum allowed land coverage on parcels in the NM zoning districts from 50% to 55%.
2. Increases the maximum allowed land coverage on parcels in the NU zoning districts from 60% to 75%.
3. Increases the maximum allowed height in the NU zoning district from 28 feet to 35 feet.
Currently, structures in the NU zoning district can be built to 35 feet in height only if granted a use permit or if 40 percent or more of the units in the development will be affordable to extremely low- and very low-income households.
4. Removes the requirement for a use permit to develop multifamily housing in the NM (Neighborhood, Medium Density) and NU (Neighborhood, Urban) zoning districts, and would identify multifamily housing development as a Permitted Use in the MN and NU zoning districts. New or expanded multifamily developments, however, would still be subject to discretionary Design Review approval by the Planning Commission or City Council depending on the project.
Analysis/Discussion
Meeting the housing needs of Cotati’s residents as well as accommodating the city’s share of regional housing needs is identified as an important goal for Cotati in the city’s General Plan and its Housing Element. Cotati’s General Plan identifies many goals, policies, and programs related to the retention and development of affordable and market-rate housing. Among them are several specific action items and programs related to multifamily housing development that would streamline the review and permitting of certain multifamily housing projects and remove some barriers to multifamily housing development, including the following:
General Plan - Land Use Element
• 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:
o Increase maximum building height in the Neighborhood, Urban zone to 35 feet, without the requirement for a use permit.
o Increase the maximum site coverage to 55% in the Neighborhood, Medium Density zone and to 75% in the Neighborhood, Urban zone. • Action LU 4a: Review and update the City’s development permitting process to provide a streamlined and straightforward process. At a minimum, the review may consider:
o Methods to streamline and simplify the process, including the process for review by City staff as well as various committees and commissions. o Opportunities to reduce redundancies and delays.
General Plan - Housing Element
• Program 2-6: Barrier Removals for Multi-Family Development o The Land Use Code will be amended to remove two potential barriers to the provision of multi-family housing. One amendment will be to remove the Conditional Use Permit requirement for multi-family development of five or more units in the NU Zone, and the second is to reduce the parking requirements for studio, one-, two-, and three-bedroom units (currently 2.25 spaces) to one space for studio and one-bedroom units and no more than two spaces for two- and threebedroom units. • Program 3-9: Monitor Use Permit Requirements for Affordable Housing o Monitor the requirement for a Use Permit for multi-family projects larger than 4 units in the NU Zone to ensure that affordable housing projects are being accommodated. If the requirement for a Use Permit is shown to be an impediment to the development of affordable housing projects in the NU Zone, review the feasibility of allowing multi-family projects larger than 4 units in the NU Zone as a Permitted Use.
Amendments to certain development standards to be consistent with the General Plan Action LU 1b, noted above, directs the city to amend or “clean up” its zoning code to be consistent with specific development policies adopted as part of the General Plan. The General Plan development policies addressed in the proposed ordinance include: 1) increasing the maximum amount of land coverage allowed on parcels in the NM zoning districts from 50% to 55%, 2) increasing the maximum amount of land coverage allowed on parcels in the NU zoning districts from 60% to 75%, and 3) allowing for 35-foot-high structures without a use permit in the NU zoning district.
Changing these zoning code standards to be consistent with the General Plan will remove barriers to multifamily housing development by allowing for a small, but not insignificant, increase in development capacity in the NM and NU zoning districts. Developers have expressed that the land coverage limitations can make it difficult to achieve density minimums and provide adequate parking. Increasing the amount of allowable land coverage in the NM and NU districts will allow for larger structures and parking areas and will help to alleviate this barrier to multifamily development. Similarly, allowing for 35-foot-tall structures in the NU zoning district without a Use Permit can serve to streamline the review and permitting of multifamily housing projects. As further discussed below, City approval of multifamily housing projects will not be a ministerial procedure and such projects will still be subject to a public discretionary Design Review process and the City will be required to make findings similar to those for a Use Permit prior to project approval.
Elimination of Use Permit requirement for multifamily projects in NM and NU zones Eliminating the Use Permit requirement for multifamily housing developments is a permit streamlining measure that contributes to implementation of General Plan Action LU 4a and Housing Element Programs 2-6 and 3-9 identified above. The proposed draft ordinance would eliminate the Use Permit requirement for all multifamily housing projects located in the NM and NU zoning districts (see Figure 1 on the following page).
Figure 1 – Cotati Zoning Map
* Note: There are no NM or NU zoning districts located west of Highway 101 Housing Element Programs 2-6 and 3-9 specifically direct the city to consider eliminating the use permit requirement in the NU zoning districts. This amendment is included in the draft ordinance. Additionally, the proposed ordinance includes NM in the zoning districts where a use permit would not be required. Staff has included the NM district in the proposed ordinance because eliminating the use permit requirement implements the more general direction provided in Action LU4a and, as further discussed below, will not make the review and permitting of multifamily developments a ministerial process or allow future multifamily developments byright. Design review approval from the Planning Commission or City Council at a noticed public hearing would still be required.
The NM and NU zoning districts are areas where the City has already determined multifamily housing development is appropriate and desirable. The primary effects from eliminating the use permit requirement in NM and NU zoning districts would be that the California Environmental Quality Act (CEQA) review would be limited to aspects of design review, and the city would not be required to make certain use permit findings prior to project approval. However, since multifamily housing projects will remain subject to design review approval, the City will be required to make the certain findings prior to project approval. As shown in the following table, the findings to approve a use permit are very similar to the findings to approve design review and are largely redundant.
Staff report continues on the following page
Table 1 – Use Permit v. Design Review Findings
Use Permit Findings
CMC §17.62.050(F)
Design Review Findings
CMC §17.62.040(F-G)
1. The proposed use is allowed within the
applicable zoning district and complies with
all other applicable provisions of this land
use code and the municipal code;
2. The proposed use is consistent with the
general plan and any applicable specific
plan;
3. The design, location, size, and operating
characteristics of the proposed activity are
compatible with the existing and future land
uses in the vicinity;
4. The site is physically suitable for the type,
density and intensity of use being proposed,
including access, utilities, and the absence
of physical constraints; and
5. Granting the permit would not be
detrimental to the public interest, health,
safety, convenience, or welfare, or
materially injurious to persons, property, or
improvements in the vicinity and zoning
district in which the property is located.
1. Project complies with Section 17.62.040
(Design Review);
2. Provides architectural design, building
massing and scale appropriate to and
compatible with the site surroundings and
the community;
3. Provides attractive and desirable site layout
and design, including building
arrangement, exterior appearance and
setbacks, drainage, fences and walls,
grading, landscaping, lighting, signs, etc.;
4. Provides efficient, safe, and visually
attractive public access, circulation and
parking;
5. Provides appropriate open space and
landscaping, including the use of waterefficient landscaping, and native plants where appropriate;
6. Addresses site planning design
considerations related to city services,
traffic flows and patterns, and
environmental conditions in a manner that
ensures maximum aesthetic cohesiveness;
7. Is consistent with the general plan and
applicable specific plans; and
8. Complies with any applicable city design
guidelines, design standards, and/or design
review policies.
Given the city’s examination and consideration of areas when they are initially zoned for multifamily development, the redundancy in the findings to approve design review and the findings to approve a use permit, and given that all areas zoned NM and NU in the city are urban infill locations, Staff has concluded that there would be minimal adverse impacts or reduced project scrutiny by eliminating the use permit requirement for multifamily housing projects located in the NM and NU zoning districts.
Planning Commission
On March 7, 2022, the Planning Commission, by a vote of 3 to 1, adopted Resolution PC-2022-3 recommending City Council approval of the proposed ordinance (see Exhibit A). The Commission questioned how the development potential of individual parcels would be affected by the ordinance, and sought clarification on the differences between use permit approvals and design review approvals. The Commission was supportive of the ordinance, but one dissenting Commissioner felt that some multifamily projects could have a significant impact on a neighborhood and that the use permit requirement allowed for increased scrutiny and evaluation of a project beyond its design.
Financial Considerations
The proposed ordinance will not have a direct adverse financial impact on the city. The staff time to prepare the ordinance will be reimbursed through a portion of the SB 2 Planning Grant awarded to the city in 2019. Staff time to review and process multifamily housing projects is recovered through design review application and building permit fees.
Environmental Issues
Section 15168(c) of the California Environmental Quality Act (CEQA) Guidelines provides that certain projects are exempt from further environmental review if they are consistent with a previously adopted General Plan Environmental Impact Report (EIR). CEQA Guidelines Section 15168(c) states that “later activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared.” The proposed code changes are a “later activity” of the program EIR that was certified for the Cotati General Plan. Relative to what was analyzed in the program level EIR, the proposed code changes do not result in environmental effects that were not previously examined. As such, pursuant to CEQA Guidelines Sections 15162 and 15163, no subsequent or supplemental EIR is required. In accordance with CEQA Guidelines Section 15168(c)(2), the City can “approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required.” Further, the requirement that multifamily housing developments must receive Design Review approval (a discretionary action) ensures multifamily housing projects will undergo environmental review under CEQA to address site specific environmental concerns.
Cotati General Plan EIR
The Cotati General Plan was adopted March 24, 2015, by Resolution Number 2015-12. The General Plan identifies the City’s vision for the future and provides a framework to guide decisions on growth, development, and conservation of open space in a manner consistent with the goals and priorities of residents and businesses. The City of Cotati General Plan program level EIR provides for streamlining and/or tiering opportunities under CEQA Guidelines Section 15168.
The Cotati General Plan Update EIR (SCH No. 2013082037), was certified on March 24, 2015 by Resolution Number 2015-11. The General Plan EIR reviewed potentially significant environmental effects resulting from plan implementation and identified policies that mitigate impacts. Nonetheless, significant and unavoidable impacts were determined to occur under the General Plan. Therefore, the City adopted a statement of overriding considerations, which balance the merits of approving the Plan despite the significant environmental effects.
A copy of the City of Cotati’s General Plan and EIR are available at the Community Development Department, 201 West Sierra Avenue, Cotati, California 94931, during normal business hours, and online at http://cotati.generalplan.org/.
Consistency with the City of Cotati General Plan and EIR (CEQA Guidelines section 15168) The City of Cotati is proposing changes to the Land Use Code to streamline the review and permitting of multifamily housing developments and remove barriers to their development. The code changes are intended to encourage housing development within existing urbanized areas near jobs and transit in accordance with the General Plan and Housing Element goals and policies. As discussed above, the proposed Land Use Code changes implement specific action items and programs identified in the General Plan and Housing Element, including:
• 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; • Action LU 4a: Review and update the City’s development permitting process to provide a streamlined and straightforward process;
• Program 2-6: Barrier Removals for Multi-Family Development; and • Program 3-9: Monitor Use Permit Requirements for Affordable Housing The proposed zoning amendments implement the General Plan and Housing Element and were analyzed in the EIR. The proposed code changes do not result in new unexamined environmental effects; therefore, no further environmental analysis is required.
Attachments:
EXHIBIT A - Planning Commission Resolution PC-2022-3(DOC)