Cotati City Council
June 14, 2022

AGENDA

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY Tuesday June 14, 2022
4:00 PM SPECIAL JOINT 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 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: 889 4833 5391
Passcode: 362663
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 3:45pm. 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 your 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 part of the record of the meeting. ###
The Cotati City Council welcomes you to its meetings that are generally scheduled for the 2nd 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 of to receive the City Council agenda by email, 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.

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 Ave, Cotati, CA during the City’s posted business hours.

Cotati City Council Agenda June 14, 2022

Disabled Accommodations: 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 Deputy City Clerk at [email protected], or (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 non-action 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 is available for inspection in the online Meeting Portal at www.cotaticity.org and in the City Manager’s office located at 201 West Sierra Ave, Cotati, CA, 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 Deputy City Clerk in preparing the City Council meeting minutes.

1. CALL TO ORDER

2. PUBLIC COMMENT
Pursuant to California Government Code section 54954.3(a), members of the public wishing to address the Council/Board may do so at the beginning of the special meeting, and such comments shall be limited to the special meeting topic(s).

3. STUDY SESSION
A. HOUSING ELEMENT PROGRAMS AND POLICIES-DISCUSSION
It is recommended that the City Council and Planning Commission review the Draft Housing Strategy for the 2023 Housing Element Update, take public input, and provide direction to staff and consultants.

4. 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 bulletin boards of City Hall, Veterans’ Memorial Building and the SMART Train Station on or before Friday, June 10, 2022.
/s/ Kevin Patterson, Deputy City Clerk
Cotati City Council
Agenda Staff Report
Item type: STUDY SESSION
To: City Council
Subject: Workshop on Draft Housing Strategy-2023 Housing Element Update Date: June 14, 2022
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended that the City Council and Planning Commission review the Draft Housing Strategy for the 2023 Housing Element Update, take public input, and provide direction to staff and consultants.

Background
The preparation of the Housing Element is required by California law, specifically Chapter(s)

10.6 and 10.7 of the Government Code. The City has contracted with 4LEAF, Inc. to prepare the required update to its 2015 Housing Element to cover the period between 2023-2031. The update of the Housing Element provides the opportunity for the City to review and update their existing housing policies and implementation measures to address the identified housing needs of the community, facilitate housing production and demonstrate how the City will accommodate its assigned housing allocation spread across different income levels.

The Housing Element is one of the eight mandated elements of the City’s General Plan. It is the only element of the General Plan required by the State to be updated on a set schedule, and to be reviewed by the state Department of Housing and Community Development (HCD) prior to adoption. The Housing Element is legally required to establish policies and programs that support the provision of an adequate housing supply for citizens of all income levels, as well as to provide an inventory of adequate sites with appropriate zoning to provide for the City’s share of the regional housing need. The intent of state law is to ensure that all jurisdictions in the state provide adequate housing to all members of their communities, including future community members. While the State reviews the Housing Element to ensure compliance with housing law, each jurisdiction must identify its own specific housing needs to successfully address them.

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As the City Council is aware, Cotati received a Regional Housing Need Allocation (RHNA) from the Association of Bay Area Governments (ABAG) of 234 units, including 94 units affordable to lower-income households and 39 units affordable to moderate-income households.

The adoption of new policies and programs to comply with all the new laws, including Affirmatively Furthering Fair Housing (AFFH), will be necessary for the City to achieve an HCD-certified Housing Element. Certification is important because it provides the presumption of validity in the case of a legal challenge and ensures that the City will maintain local control of its land use, zoning, and project approvals. The deadline to adopt updated Housing Elements for the ABAG region is January 31, 2023.

In addition to identifying adequate sites to meet the city’s fair share of regional housing needs at all income levels, the Housing Element must also identify and analyze the projected housing needs of all economic segments of the community. The Housing Element consists of 7 main components:
• A summary and analysis of the population, demographic and housing characteristics that contribute to the present and future housing needs in Cotati; • A description of the constraints on the development of housing in Cotati; • An evaluation of the existing housing element and the City’s progress in implementing its policies and programs;
• An inventory of sites to accommodate Cotati’s identified housing needs, including its regional fair share (AKA Housing Opportunity Sites); • A statement of quantified objectives that estimates the number of housing units by income level to be provided for in the City of Cotati by 2031; • A summary of public input received during the housing element update process, and how that input has been incorporated into the document; and • A section containing the goals, policies, quantified objectives, and scheduled programs to preserve, improve and develop housing in Cotati. It is this Section that will be formed by the Draft Housing Strategy.

The Draft Housing Strategy sets forth the broad housing goals of the City and forms a “roadmap” of housing policy direction into the future. The Draft Housing Strategy, together with the comments resulting from its review, will be used to update the goals, policies, and programs section for the 2023 Housing Element. The Strategy incorporates the required new housingrelated data, identified housing needs, and public input received to date, within the framework of the existing housing element. Possible changes and updates to existing policies and programs are

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suggested to respond to changing housing needs, community input, and new statutory requirements. The Housing Strategy is a working draft, and as such is a fluid document.

In addition to the increased RHNA numbers assigned to Cotati, several new state laws have been adopted since the last Housing Element update that will make this update cycle more complicated than in the past. A brief outline of applicable new laws is provided below.

AB 686 (2018), also known as the “Affirmatively Furthering Fair Housing” (AFFH) law, requires specific analysis around patterns of racial, ethnic, or economic concentration within the city, as well as an examination of past and current zoning, land use, funding, and other practices.

Because exclusive single-family zoning is known as an exclusionary land use practice, programs (such as the existing Cottage Housing Ordinance) must be included in the Housing Element to overcome this practice and to ensure that opportunities for housing choice in all parts of the City are available to all races, ethnic groups, income levels, and protected classes of people. The impacts of this legislation is discussed in more detail below.

AB 72 (2017) granted the state Housing and Community Development Department (HCD) authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted Housing Element or Housing Element law, including failure to implement programs. HCD may revoke compliance status, leaving the housing element vulnerable to litigation under which a court may take over the City’s land use authority. HCD may also now refer violations to the state Attorney General’s office for enforcement.

AB 1397 (2017) requires that cities zone appropriately for their share of the regional housing need, and zoning for all types of housing – including multi-family, SROs, and supportive housing - is required. The new law requires strong justification when non-vacant sites are used to meet the housing need, especially for lower-income housing.

SB 166 (2017), the new “No Net Loss” law, requires that a city replace any site that was zoned for low-income housing and identified as available for low-income housing in the city’s site inventory if the site is developed with anything but low-income housing. The intent is to ensure that jurisdictions have adequate sites with appropriate zoning to accommodate their share of the regional housing need throughout the Housing Element period. A city that fails to replace the sites within 6 months can be referred to the Attorney General. For this reason, the city should ensure adequate sites with appropriate zoning are available to meet the city’s needs for the next 8 years.

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SB 35 (2017) requires that jurisdictions that are not meeting their RHNA obligations have a “streamlined ministerial approval process” for housing when a specified amount of project units are provided as affordable and deed restricted; in Cotati, 50% of SB 35 units must be affordable. “Streamlined ministerial approval process” means that officials cannot exercise discretion over a qualifying project, but can only compare it against adopted, objective design and development standards. Without broadly applicable objective standards, a City could be forced to approve a qualifying project on the basis of the limited objective standards in place now and without regard for whether the decision-makers find that the project conforms (or does not conform) to subjective standards.

AB 101 (2019) established a Prohousing Designation Program for jurisdictions adopting local policy in accordance with State housing mandates and goals. The designation is not a state requirement, but a way that may be helpful for smaller jurisdictions often passed over for competitive State funding, as being designated as “Prohousing” is likely to increase competitiveness for State grant funds. The growing list of funding is not restricted to housing and would assist qualifying cities in meeting goals related to planning, infrastructure, and transportation. Jurisdictions need to qualify for 30 out of 69 available points in order to be competitive for the designation, and do not need to adopt every recommended program. A Prohousing Designation Matrix detailing standards for qualification is included as an attachment to this Staff Report.

Analysis/Discussion
Cotati’s existing (2015) Housing Element has 6 goal topic areas, as follows:

H-1) Conserve and Improve the Existing Housing Supply to Provide Adequate, Safe, and Decent Housing for all Cotati Residents
H-2) Provide Adequate Sites to Accommodate the Housing Needs of All Economic Segments of the Community
H-3) Expand Affordable Housing Opportunities for Lower Income Households and Persons with Special Housing Needs, including Seniors, Disabled Persons, Developmentally Disabled Persons, Large Households, and Homeless Persons and Families
H-4) Promote Housing Opportunities for All Persons Regardless of Race, Gender, Age, Marital Status, Ancestry, National Origin, Color, or Sexual Orientation H-5) Promote Energy Efficiency and Conservation in Residential Development

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H-6) Ensure Public Participation in the Development of the City’s Housing Policies As noted above, there have been several changes to state law since the 2015 Housing Element was prepared. Some of these changes and new state requirements will necessitate slight changes in the city’s Goals. A link to the current housing element is provided below to facilitate review of the current HE Goals, Policies and Programs-which start of page six of the document. https://cdn5-
hosted.civiclive.com/UserFiles/Servers/Server_9669113/File/CotatiHousingElement.pdf Suggested New Goals:

H-1) Resilient & Safe Housing
H-2) Housing Production
H-3) Affordable, Attainable, & Accessible Housing
H-4) Affirmatively Furthering Fair Housing
H-5) Community Engagement
In several areas, the goals, policies, and programs of the existing Housing Element have been combined and simplified. The Summary of Proposed Housing Strategy Program Changes provided as Attachment 2 is arranged under each of the suggested New Goals H-1 through H-5 above and is intended to provide additional nuance and details regarding the intention of each goal.

CITY COUNCIL AND GENERAL PLAN GOALS:

This action supports the following City Council Goals and General Plan Actions:

City Council Goals (FY 21/22)

1. Goal: Ensure long-term vitality for the City.

2. Goal: Actively work to mitigate and adapt to the impact of climate change, including wildfire preparation/adaptation, in accordance with adopted City Council policies.

3. Goal: Provide core services consistent with best-in-class community service levels.

4. Goal: Promote community engagement to inform and encourage participation

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5. Goal: Promote an equitable, compassionate, and healthy community that honors diversity as a source of strength
Staff finds that the proposed 6th Cycle Housing Element draft Policies and Programs would implement the City Council Goals in that providing housing for all members of the community will help to support the long term vitality for the City; planning for, and identifying the location of our preferred housing types and locations can help to mitigate the impacts of climate change on this housing; obtaining a State certified Housing Element allows the City to ensure our development review services remain best-in-class; prioritizing numerous and varied engagement efforts will help to ensure the adopted document meets the needs of the citizenry; and finally ensuring the 6th Cycle Housing Element implements all diversity and equity aspects required under the law will help to demonstrate the City’s commitment to an equitable and compassionate community that honors it’s diversity.

General Plan Goals
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 GOAL CSF 5 Provide Responsive and High Quality City Government Services to Residents and Businesses
GOAL CON 1 Protect and Enhance Cotati’s Ecosystem and Natural Habitats GOAL CON 3 Promote Conservation of Energy and Other Natural Resources Staff finds that the proposed 6th Cycle Housing Element draft Policies and Programs will further implement the adopted General Plan goals in that their adoption, along with formalizing the housing opportunity sites, will provide some direction and support for developing future residential uses in areas the City has determined to be efficient, environmentally sensitive and which enhance the City’s “Small Town Character’; will demonstrate a responsive city government focused on meeting the needs of it’s residents; allow the City to preserve the natural ecosystem and habitat amenities available; and will also support implementation of conservation and efficiency improvements into the future housing stock through enhanced building code provisions.

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AFFIRMATIVELY FURTHERING FAIR HOUSING
A key theme of changes to the State’s Housing Element statutes as well as HCD’s oversight and certification of Housing Element Updates, is the need for cities and counties to actively pursue and achieve adequate and fair housing in their respective jurisdictions.

Affirmatively Furthering Fair Housing (AFFH) is a program intended to identify, reverse, and prevent housing segregation and discrimination. Originally established as a federal program within the Department of Housing & Urban Development (HUD) by the Fair Housing Act of 1968, the law was activated as a HUD rule in 2015 for jurisdictions receiving federal housing funding, but reversed in 2020. Upon federal reversal, the State of California passed Assembly Bill 686 (2018) to codify AFFH in California Housing Element Law. This Housing Element Cycle is the first to implement AB 686, and implementation is a new process for both the jurisdictions conducting AFFH analysis and state regulators approving local plans.

AFFH law requires specific analysis around patterns of racial, ethnic, or economic concentration within the city, as well as an examination of past and current zoning, land use, funding, and other practices. Because exclusive single-family zoning is known as an exclusionary land use practice, programs (such as the existing Cottage Housing Ordinance) must be included in the Housing Element to overcome this practice and to ensure that opportunities for housing choice in all parts of the City are available to all races, ethnic groups, income levels, and protected classes of people.

The AFFH section will draw from several data sources. The Lawyers’ Committee for Civil Rights Under Law has conducted a regional fair housing analysis and individual jurisdictional analyses for the sixteen jurisdictions of Sonoma and Napa Counties, supported by regional planning funding from the Association of Bay Area Governments (ABAG/MTC). Regional data from the ABAG Housing Data Workbook has been pre-approved as a central data source for both the AFFH section and identification of housing needs and constraints. ABAG has also prepared a Regional Segregation Report with jurisdiction-specific findings, and California Department of Housing & Community Development (HCD)’s AFFH Data Viewer provides mapping resources illustrating various AFFH requirements (https://affh-data-resourcescahcd.hub.arcgis.com/).

One key aspect of AFFH requirements is to ensure an equitable distribution of sites in the Housing Element Sites Inventory. Since Cotati is a community with confluence of both Low Resource and Moderate Resource communities as identified by HCD, the regional fair housing assessment will be supplemented by the local knowledge needed to shape a local plan for equitable distribution of sites, along with programs to ensure that sites in low-resource neighborhoods are supported by community amenities, and further programs to actively advance fair housing considerations in Cotati.

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The suite of programs before the Council and Planning Commission this evening will likely be amended by HCD in their review of the City of Cotati’s Housing Element Update. Jurisdictions that have previously completed their 6th Cycle Housing Element Update have encountered the highest level of scrutiny and revision to the AFFH section. The City of Cotati can reasonably expect that even a robust submission to HCD is likely to encounter programmatic additions to the Housing Element that HCD believes will help ensure the City of Cotati is embedding the lens of fair housing and equity – racial, social, and economic – throughout the plan. At this stage, staff efforts will be best supported by local knowledge from the City Council identifying areas of focus and guiding how to best enhance the City’s practice of fair housing.

Given all of the context provided above, staff recommends that the City Council & Planning Commission consider the following questions as they review the draft Housing Strategy, and provide direction to further shape these programs and policies before they refined for inclusion within the Administrative Draft Housing Element:
• Should the Goals, Policies, & Programs be expanded? If so, where? • Can any Programs be eliminated or deprioritized?
• Where can the City prioritize resource allocation?
• How can we best continue to hear from Cotati residents? • Which fair housing issues present the most pressing need? • How can the City achieve compliance with state mandates while best serving Cotati’s unique community needs?
• What is your vision of Cotati’s housing opportunities and priorities over the next eight years?
The feedback received during this meeting will be incorporated into the final draft Housing Element, which will be published for a 30-day public review and comment period in midAugust. The draft will then be finalized and submitted to the HCD for their review.

Financial Considerations
There are no anticipated direct financial considerations beyond the City staff time and consultant contract costs for the completion and submission of the draft Housing Element to the Department of Housing and Community Development (HCD). There are also no anticipated direct costs to obtain certification of the 6th Cycle Housing Element, barring any unforeseen requests by HCD.

However, implementation of some of the Programs and Policies will result in actual financial

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contributions by the City. Staff has tried to highlight the specific programs with an anticipated financial contribution using the $-$$$ symbology next to each of the programs to identify when such a cost is anticipated.

Environmental Issues
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378. Adoption of the actual 6th Cycle Housing Element will require analysis and a determination under CEQA. This work is anticipated to begin in summer 2022.

Attachments:

Summary of Programs - Cotati (V2 - 2022-06-14)-PC & CC (DOCX) Draft Housing Strategy (DOCX)
Blank Prohousing Designation Matrix (PDF)
Cotati_Zoning Map-June 2020 (PDF)
HCD Examples of Contributing Factors by Issue Area Examples of AFFH Actions (PDF) Feb 22, 2022 PC-CC Staff Report (DOC)

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ATTACHMENT 1: PROPOSED COTATI HOUSING STRATEGY PROGRAMS Continuing Continuing with Substantial Modification New GOALS and PROGRAMS

REASON FOR

PROPOSED PROGRAM

FUNDING
STATUS
Address State LawAddress Community/ Stakeholder InputFurther/ Advance RHNA GoalsPrograms UtilizingFunding Goal H-1 – Resilient & Safe Housing
✓ Program 1-1 – Housing Rehabilitation ✓ ✓ ✓ $
✓ Program 1-2 – Home Ownership ✓ ✓ $
✓ Program 1-3 – Non-Profit/Agency Coordination - Existing Needs ✓ ✓ ✓ Program 1-4 – Capital Improvement Program ✓ ✓
✓ Program 1-5 – Preservation of Affordable Housing ✓ $
✓ Program 1-6 – Preservation of Mobile Home Parks ✓ ✓
✓ Program 1-7 – Essential Housing Bond Financing Program ✓ ✓ $ ✓ Program 1-8 – Residential Building Decarbonization ✓ ✓ Goal H-2 – Housing Production
✓ Program 2-1 – Adequate Housing Sites ✓ ✓
✓ Program 2-2 – Streamlining Housing Development ✓ ✓
✓ Program 2-3 – Inclusionary Housing ✓
✓ Program 2-4 – Accessory Dwelling Units (ADUs) ✓ ✓ ✓ $ ✓ Program 2-5 – Cottage Housing ✓ ✓
✓ Program 2-6 – Emergency Shelters, Transitional Housing, and Supportive Housing ✓ ✓ ✓
Goal H-3 – Affordable, Attainable, & Accessible Housing

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Attachment: Summary of Programs - Cotati (V2 - 2022-06-14)-PC & CC (Housing Element Programs and Continuing
Continuing with Substantial ModificationNew
GOALS and PROGRAMS

REASON FOR

PROPOSED PROGRAM

FUNDING
STATUS
Address State LawAddress Community/ Stakeholder InputFurther/ Advance RHNA GoalsPrograms UtilizingFunding ✓ Program 3
-1 – Zoning for a Variety of Housing Types
✓✓✓
$
✓ Program 3
-2 – Funding for Affordable and Special Needs Housing
✓✓
$
✓ Program 3
-3 – Cohousing
✓
✓ Program 3
-4 – Maintain Adequate Staff
✓
$
✓ Program 3
-5 – Housing Choice Vouchers
✓✓✓
✓ Program 3
-6 – Review Processing Fees
✓
$
✓ Program 3
-7 – Prohousing Designation
✓✓
Goal H-4– Affirmatively Furthering Fair Housing
✓ Program 4
-1 – Anti-Displacement Actions
✓
✓ Program 4
-2 – Housing Discrimination Complaints
✓
✓ Program 4
-3 – Nondiscrimination & Fair Housing Information
✓
$
✓ Program 4
-4 – Reasonable Accommodation
✓
✓ Program 4
-5 – Limit Code Enforcement Activities
✓
✓ Program 4
-6 – Culturally Appropriate Facilitation and Involvement ✓
Goal H-5 – Community Engagement
✓ Program 5
-1 – Annual Report
✓✓✓
✓ Program 5
-2 – Workshops and Public Hearings
✓✓✓
✓ Program 5
-3 – Stakeholder Engagement
✓✓✓
✓ Program 5
-4 – Accessible & Transparent Information
✓✓

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Attachment: Summary of Programs - Cotati (V2 - 2022-06-14)-PC & CC (Housing Element Programs and Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop Chapter 1. Housing Strategy – Goals, Policies, & Programs

1.1 Housing Program
This Section contains the City’s Housing Strategy for the 2023-2031 Housing Element planning period.

State law recognizes the vital role local governments play in the supply and affordability of housing. Each local government in California is required to adopt a comprehensive, long-term general plan for the physical development of the city or county. To ensure adequate provision for the housing needs of all economic segments of the community, the Housing Element must:
▪ Identify the agencies and officials responsible for the implementation of the various actions and how consistency will be achieved with other general plan elements and community goals. ▪ Identify adequate sites which will be made available through appropriate zoning and development standards and with the public services and facilities needed to meet the needs of all income levels. This shall include homeownership, rental housing, factory-built housing, mobile homes, emergency shelters, and transitional housing.
▪ Assist in the development of adequate housing to meet the needs of low- and moderate-income households.
▪ Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing.
▪ Conserve and improve the condition of the existing affordable housing stock. ▪ Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color.

The following goals, policies, and programs are designed to address the existing and projected housing needs of the City of Cotati. Each program has one or more individuals, bodies, or agencies responsible for its implementation, along with a potential or committed funding source, and a schedule for its implementation during the 2023-2031 planning period. Programs implemented and not applicable for continuation since the last Housing Element in 2015 have been removed from this document.

Unchanged policies and programs are continued as-is; new and amended programs are identified accordingly.

Goal H-1 Resilient & Safe Housing
Conserve and improve the existing housing stock to provide adequate, safe, and decent housing for all Cotati residents
Goal H-2 Housing Production
Provide adequate sites and pursue funding to accommodate the housing needs of all economic segments of the community
Goal H-3 Affordable, Attainable, & Accessible Housing
Expand affordable housing opportunities for lower income households and

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop persons with special housing needs, including seniors, disabled persons, large households, and homeless persons and families
Goal H-4 Affirmatively Furthering Fair Housing
Promote housing opportunities for all persons regardless of race, gender, age, marital status, ancestry, national origin, color, or sexual orientation Goal H-5 Community Engagement
Ensure public participation in the development of the City’s housing policies, and ongoing collaboration with community stakeholders For each goal, a set of policies and implementation programs is provided to assist the City in attaining the goal. Each implementation program contains the following information:
• A concise statement of the specific City actions that will be taken to implement the program. • Funding source.
• The City department or other agency responsible for implementation. • Schedule for completion.

The expected results of each program are summarized as quantified objectives in Tables 1 and 2.

Goal H-1 Resilient & Safe Housing
Conserve and Improve the Existing Housing Supply to Provide Adequate, Safe, and Decent Housing for all Cotati Residents
Policy H-1.1: Encourage housing rehabilitation and preservation to assist in the health, affordability, and vibrancy of neighborhoods. (Source: Previous Policy H 1.1) Policy H-1.2: Encourage the stabilization and affordability of neighborhoods by assisting with homeownership opportunities. (Source: Previous Policy H-1.2) Policy H-1.3: Seek all available funding, including CDBG, HOME, BEGIN, and CalHOME, to provide on-going housing rehabilitation and home ownership programs. (Source:

New Policy, Previous Program 1-1)
Policy H-1.4: Enforce conformance with local building codes to ensure that housing is safe and sanitary and to minimize hazards to public health and safety. (Source: Previous Policy H-1.3)
Policy H-1.5: Encourage proper maintenance of essential public services and facilities in residential neighborhoods. (Source: Previous Policy H-1.4).

Policy H-1.6 Encourage the preservation and maintenance of mobile home parks. (Source:

Previous Policy H-1.7)

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop Policy H-1.7 Monitor units at-risk of conversion and facilitate conservation or replacement of any assisted housing units that are planned for conversion to market rate rents. (Source: Previous Policy H-1.8)
Policy H-1.8 Require all residential development that receives housing rehabilitation assistance to enter into a covenant, deed restriction, or other mechanism to ensure: 1) the long-term affordability of the housing units, and 2) if the units convert to market-rate, that the City is reimbursed for its financial assistance with the rehabilitation. (Source: Previous Policy H-1.9)
Policy H-1.9: Encourage the development of accessory dwelling units in order to provide additional affordable and attainable market rate rental units in Cotati. (Source:

Previous Policy H-1.10)
Policy H-1.10 Continue to expand energy efficiency in new and existing residential development to ensure sustainable practices and reduce long-term housing costs. (Source:

Previous Policies H-5.1 & H-5.2)
Policy H-1.11 Participate in local and regional programs that provide housing rehabilitation, weatherization, and home ownership assistance. (Source: New Policy, Previous Program 1-1)
Policy H-1.12 Facilitate resident awareness of available housing rehabilitation and home ownership assistance programs by making information on the program available at City Hall and on the City’s website. (Source: New Policy, Previous Program 1-1) Program 1-1 Housing Rehabilitation
(Source: Previous Program 1-1)
Improve neighborhoods and housing by providing opportunities for home ownership and housing rehabilitation through the following activities:
• As funds become available, implement a Housing Rehabilitation Program which provides low interest loans for the rehabilitation of homes owned or occupied by extremely low, very low, low, and moderate income households with an emphasis on assisting extremely low and very low income households. Ensure that the housing rehabilitation program includes provisions for mobile homes and renovations to provide accessibility for disabled persons, to the extent that the funding source allows these types of improvements.
• As funds become available, promote awareness of the housing rehabilitation program through contacting neighborhood groups in residential areas with aging housing stock. Outreach shall include program information as part of code enforcement efforts in cooperation with the Building Department.
• Provide annual funding for a regional or subregional shared planner or grant writer position to prepare funding applications for housing rehabilitation.

Responsibility: Community Development Department
Funding: CDBG, HOME, BEGIN, etc.

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop Timeframe: Seek funding annually; on-going, as funds become available.

Program 1-2 Home Ownership
(Source: Previous Program 1-1)
• Improve neighborhoods and housing by providing opportunities for home ownership by implementing a Home Ownership Assistance Program which provides low interest loans to assist first-time low and moderate income homebuyers in purchasing a home.

Responsibility: Community Development Department
Funding: CDBG, HOME, BEGIN, etc.

Timeframe: Seek funding annually; on-going, as funds become available Program 1-3 Non-Profit and Agency Coordination – Existing Housing Needs (Source: Previous Program 1-2)
Continue working with and develop new relationships with local agencies, nonprofit housing providers, and local organizations. Convene an annual discussion on Housing Fair between housing developers, advocates, and other interested parties in partnership with the County, the subregion, and local organizations such as the Sonoma County Community Development Commission, Disability Access, and Legal Aid of Sonoma County.

Responsibility: Community Development Department
Funding: CDBG, HOME, BEGIN, etc.

Timeframe: On-going annual meetings and coordination with Sonoma County CDC Program 1-4 Capital Improvement Program
(Source: Previous Programs 1-3 & 2-5)
As part of the annual review of the Capital Improvement Program (CIP), determine priorities for capital improvement projects required to maintain the community's aging housing stock and aging or nonexistent infrastructure, particularly located in Lower Resource Areas designated in California Opportunity Area Maps. Review of the CIP shall also include verification that areas needing improvement are scheduled for funding to address these needs at a specific time in the future.

Additionally, the Capital Improvement Program shall ensure that infrastructure improvements in Lower Resource Areas improve the circulation and connectivity of the urban fabric to grant all Cotati residents opportunity and mobility. This shall be accomplished by focusing on improvements that connect Housing Opportunity Sites upon development:
• Downtown Specific Plan Area
• South Sonoma Business Park & West Cotati Gravenstein Commercial Corridor The City shall continue to prioritize lower-income housing development for water and sewer expansion, consistent with Government Code 65589.7 or its successor. Following adoption, provide the Housing Element Update to the City’s water and sewer providers (e.g., the water and sewer division of the Public Works Department).

Responsibility: Community Development and Public Works Departments Funding: General Fund and available funding for CIP projects Timeframe: Annually with CIP update

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop Program 1-5 Preservation of Affordable Housing
(Source: Previous Programs 1-5, 1-6, 1-7)
To facilitate the preservation of both deed-restricted and other existing affordable housing, and protect residents from displacement, the City shall:
• Maintain an updated inventory of affordable housing units, including rental and ownership units, that identifies the number of units by bedroom size and affordability level, funding/affordability source, and expiration date of affordability. • Continue to monitor affordable housing developments with expiring deed restrictions, facilitate the acquisition of expiring properties, and conduct outreach to property owners. • Monitor the status of publicly-assisted projects that may become “at risk” of losing affordable housing price restriction through personal contact by City staff with property owners and/or their representatives at least annually.
• When an affordable housing development is at-risk of converting, assist the owners in identifying resources, including available funding, for the continued provision of affordable units. • Monitor affordable housing developments at risk of converting to market-rate, and specify actions to take by the City within three years of expiration of deed-restriction. • Upon receipt of notice of a proposed conversion of assisted affordable housing, the City will contact qualified entities as identified by HCD and provided within the Housing Element, and encourage their involvement in the acquisition of the units. • The City and partner organizations will work with property owners of at-risk units and provide them with education regarding tenant rights and conversion procedures. The City and partner organizations will also provide information regarding Section 8 rent subsidies through HUD (special vouchers for existing tenants in Section 8 projects), the Sonoma County Housing Authority, and other affordable housing opportunities in the region.

Responsibility: Community Development Department
Funding: City and HCD’s Mobilehome Park Resident Ownership Program Timeframe: On-going
Program 1-6 Preservation of Mobile Home Parks
(Source: Previous Program 1-6)
To facilitate the preservation of mobile home parks and protect residents from displacement, the City shall:
• Maintain an updated inventory of mobile home parks, that identifies the number of units by bedroom size.
• Educate residents and park owners to facilitate resident purchase of mobile home parks with information on funding sources such as HCD’s Mobilehome Park Rehabilitation and Resident Ownership Program (MPRROP).
• Coordinate with the Sonoma County Community Development Commission to support the preservation of mobile home parks.

Responsibility: Community Development Department
Funding: City and HCD’s Mobilehome Park Resident Ownership Program Timeframe: Continue to support mobile home park residents and owners, and distribute information about the program to mobile home residents by October 2023 and

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop apply for MPRROP Grant during the planning period, when funds are available and resident interest exists. The City shall conduct direct outreach to mobile home park residents at least twice per Housing Element planning cycle and provide MPRROP program information on the City’s website. Affordability information updated within 6 months of adoption; maintenance of inventory is on-going Program 1-7 Essential Housing Bond Financing Program
(Source: New Program, addresses local and regional needs and priorities) In partnership with a Joint Powers Authority (JPA) and non-profit asset manager, seek to utilize tax exempt bonds to fund: (1) the acquisition of existing market-rate multi-family buildings and restricts future rents to be affordable to households that earn very low to moderate incomes, and/or (2) the construction of new development of deed-restricted affordable housing. In order for asset managers to access these types of bonds, Cities must join a Joint Powers Authority (JPA) and authorize the JPA to issue these bonds on behalf of the City. The asset manager than purchases the multi-family buildings or initiates new development, using only money from the bond financing, and sets the rents to be affordable to low to moderate income households.

Responsibility: Community Development Department
Funding: Housing Fund
Timeframe: Establish JPA structure or join existing JPA by December 2023 Program 1-8 Residential Building Decarbonization
(Source: Previous Program 5-1 – Energy Conservation and Efficiency) Promote energy efficiency and conservation in new and existing residential development through:
• Continuing to adopt building and other codes that meet or exceed energy conservation and/or efficiency standards established by the California Energy Code. • As part of the General Plan Update, ensure location of higher density residential housing near employment centers, high-quality transit and public services to discourage sprawl and conserve energy resources.
• Continuing to permit and encourage mixed uses and higher densities on in-fill and vacant sites in areas with public services, such as medical clinics, schools, and grocery stores, to discourage sprawl and encourage short vehicle trips and/or alternative forms of transportation. • During preparation of specific plans and master plans, encourage location of higher density residential areas within walking distance of employment-generating uses, schools, parks, community centers, and other amenities.
• Pursuing available grant programs to provide financial incentives for smart growth techniques and to provide property owners with low interest loans or grants to encourage weatherization improvements, solar/photovoltaic installations, sustainable growth patterns, energy conservation, and energy efficiency.
• Provide information on residential building decarbonization and energy conservation for public distribution on the City’s website, including photovoltaic solar systems, heat pumps, kitchen electrification, electric vehicle (EV) charging, weatherization, drought-resilient landscaping, rainwater storage, and residential “laundry-to-landscape" greywater systems.

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop • Provide clear and transparent guidance on permitting procedures for homeowners and developers interested in implementing residential building decarbonization.

Responsibility: Community Development Department
Funding: General Fund
Timeframe: On-going; information available by April 2023 and updated annually Goal H-2 Housing Production
Provide Adequate Sites to Accommodate the Housing Needs of All Economic Segments of the Community
Policy H-2.1 Ensure that adequate land designated for residential and/or mixed-use development is available to accommodate the City’s fair-share of ABAG’s Regional Housing Needs Allocation (RHNA) and monitor on an annual basis to ensure continual compliance with State law. (Source: Previous Policies H-2.1 & 2.2) Policy H-2.2 Continue to require that residential development in the NU, NM, CG, and DSP zones meet the minimum density requirements identified in the Land Use Code, and report requests for reduced density on an annual basis. (Source: Previous Policy H-2.3)
Policy H-2.3 While the City is able to accommodate its share of the regional housing need without rezoning during the current Housing Element period, to the extent necessary, the City will consider land use re-designation and promotion of existing innovations like the Cottage Housing Ordinance in order to accommodate development capacity that affirm all other goals of the City’s General Plan and maintain Cotati’s rural character. (Source: Previous Policy H-2.4) Policy H-2.4 Ensure that public infrastructure planning activities, including sewer, water, and drainage facilities, accommodate the City’s fair share of regional housing needs and that developments including lower income units are granted priority in accordance with Government Code Section 65589.7. (Source: Previous Policy H2.5) Policy H-2.5 Ensure that the City’s development requirements, including the standards established by the General Plan and Land Use Code, accommodate and provide for available housing sites that are appropriate for a range of income levels and housing types, including housing to accommodate special needs populations. (Source: Previous Policy H-2.6)
Policy H-2.6 Encourage mixed use development, including residential and live/work uses in commercial, office, and light industrial areas where the viability of the non3.A.b Packet Pg. 20
Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop residential activities would not be adversely affected. (Source: Previous Policy H2.7) Policy H-2.7 Require housing developments to provide housing stock at a range of affordability levels to assist in meeting the City’s housing needs as required by Chapter 17.31 of the Land Use Code. (Source: Previous Policy H-2.8)
Policy H-2.8 Continue to address the impacts of large-scale commercial and office projects on housing needs through the affordable housing requirements established by Chapter 17.31 of the Land Use Code. Prioritize workforce housing developments and inclusionary units dedicated to lower and moderate-income workers. (Source:

Previous Policy H-2.9)
Policy H-2.9 Continue to facilitate, and encourage, the construction of accessory dwelling units pursuant to the City's Accessory Dwelling Unit Ordinance, Cottage Housing Ordinance, and pursuit of “affordable by design” missing middle housing such as junior accessory dwelling units (JADUs) and cohousing. (Source: Previous Policy H2.10) Policy H-2.10 Facilitate modular, factory-built housing units on permanent foundations in residential zoning districts and a variety of housing types. (Source: Previous Policy H-2.11)
Policy H-2.11 Encourage housing development on existing infill sites in order to efficiently utilize existing infrastructure. (Source: Previous Policy H-2.12) Policy H-2.12 Assist in the development of affordable housing, particularly extremely low and very low income units, through the use of in-lieu affordable housing funds as well as CDBG and HOME funds, when available. (Source: Previous Policy H-2.13) Program 2-1 Adequate Housing Sites
(Source: Previous Program 2-1)
Continue to maintain an inventory of vacant and underdeveloped residentially designated land and, for sites appropriate for lower income and special needs development, identify the parcel number, parcel size, zoning designation, general plan designation, and allowed density with a density bonus for affordable units. Ensure that the inventory is available for public distribution at City Hall and on the City’s website. Update the inventory on an annual basis to:
• Remove any parcels that have been developed and to ensure that the remaining parcels are adequate to accommodate the City’s fair-share of the Regional Housing Needs Allocation. • Identify additional high density sites for lower income development if a short-fall of available sites to accommodate the City’s very low and low income allocation occurs. Note: The City currently has an excess of available parcels appropriate for very low and low income development. • The City shall create and maintain a list of additional sites with appropriate zoning that could be added to the City’s Sites Inventory if and when an analysis provided through the Annual Progress

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop Report indicates that sufficient sites may not exist to accommodate the City’s remaining RHNA, by income level, for the planning period.
• To ensure sufficient residential capacity is maintained to accommodate the RHNA for each income category, staff will develop and implement a formal, ongoing (project-by-project) administrative evaluation procedure pursuant to Government Code Section 65863 within six months of adoption of the Housing Element. The evaluation procedure will track the number of extremely low-, very low-, low-, moderate-, and above moderate-income units constructed to calculate the remaining unmet RHNA. The APR will serve to document this evaluation and the evaluation procedure will also track the number of units built on the identified sites to determine the remaining site capacity, by income category, and will be updated as developments are approved. The Sites Inventory may be updated every year as the Annual Progress Report (APR) is completed, and the APR with the updated inventory will be available on the City’s website. • No project approval or other action that reduces the density or development capacity of a site shall be undertaken unless sufficient remaining sites are available or additional adequate sites are identified to meet the City’s RHNA obligation prior to approval of the development and made available within 180 days of approval of the development, as required by Senate Bill 166.

Identification of the replacement sites, and the necessary actions, if any, to make the site(s) available will be adopted prior to or concurrent with the approval of the development.

Responsibility: Community Development Department
Funding: General Fund
Timeframe: On-going
Program 2-2 Streamlining Housing Development
(Source: Previous Program 2-6 – Barrier Removals for Multifamily Development, amended to address stakeholder feedback and potential governmental constraints) Stakeholders from the development community identified streamlining, fast tracking, and providing clear development standards and expectations as the primary mechanisms to reduce governmental constraints to residential development. In order to facilitate new residential development, the City shall implement the following actions:
• Continue to provide and encourage an optional pre-application process to meet with representatives from relevant City departments before submitting a development application. • Continue to provide developers of residential projects opportunities to fast track the permitting process, with priority given to discretionary projects proposing affordable housing levels in excess of the minimum 15% inclusionary BMR housing units. • Join in regional collaboration efforts that would streamline housing efforts or increase staff capacity. Ensure the City has sufficient staff capacity to streamline development and implement Housing Element programs including through the use of contract supplemental staffing. • Develop a written streamlined application process in accordance with SB 35 and SB 330, including the pre-application and the procedure. This process provides a streamlined ministerial approval process to qualified residential and mixed-use development projects. The written procedures and checklists shall be developed and made available at City Hall and on the City’s website.

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop • Develop Objective Design and Development Standards for multi-family, single-family and mixeduse projects. • Achieve compliance with new State Density Bonus provisions of AB 2345 upon adoption of this Housing Element.

Responsibility: Community Development Department
Funding: General Fund
Timeframe: Ongoing, as projects are proposed; 2024 for City products and compliance Program 2-3 Inclusionary Housing
(Source: Previous Program 2-2 – Affordable Housing Requirements) Continue to enforce Chapter 17.31, Affordable Housing Requirements, to encourage development of very low, low, and moderate income units in conjunction with market rate development.

Responsibility: Community Development Department
Funding: General Fund
Timeframe: On-going
Program 2-4 Accessory Dwelling Units (ADUs)
(Source: Previous Program 2-3 – Second Dwelling Units)
Incentivize and promote the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) by providing technical assistance and resources for their development and rental through the following actions:
• Maintain ADU webpage with accessible information, a simple application, and contact information for questions about and assistance with accessory dwelling units. • Partner with and/or fund regional organizations that provide technical assistance, including site evaluations, for the development of ADUs and JADUs, and landlord/tenant support, such as the Napa Sonoma ADU Center and Homes for Sonoma. Share resources provided by these organizations, including webinars and technical assistance programs, through the City webpage, newsletter, and social media.
• Facilitate the development of JADUs by developing promotional materials specific to JADUs and their funding and making these available on the City’s ADU webpage. • In partnership with regional organizations, promote and publicize new allowances for ADUs and JADUs to the public, including place-based promotion for locations with higher income eligibility limits for the CalHFA ADU grant program
• Reduce penalties for existing unpermitted units, and establish a process to legitimize such units.

Promote and publicize program through City website and social media to encourage people with unpermitted units to bring these homes up to code.
• Annually report out on the City’s successes in the production of ADUs and JADUs with the City’s APR.
• Review ADU production three years into the planning period and compare with Housing Element projections. If actual production is below the projected level, and the City is not meeting its RHNA targets proportional to the duration of the planning period, provide a small grant program to assist eligible residents with costs associated with permit processing or implement other cost-reducing measures to increase ADU development as the budget allows.

Responsibility: Community Development Department

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop Funding: General Fund
Timeframe: 2024
Program 2-5 Cottage Housing
(Source: New Program)
Continue to promote the Cottage Housing Ordinance established in the 5th Housing Element Cycle to incentivize smaller units and increase the supply of missing middle housing. The City shall:
• Review the success of the Cottage Housing Ordinance on an annual basis and report unit counts as part of the APR.
• Assess programmatic constraints with outreach to developers utilizing the ordinance no less than twice per Housing Element planning period.
• Pursue streamlining provisions with a supplemental ordinance utilizing SB 10 framework.

Responsibility: Community Development Department
Funding: General Fund
Timeframe: Annually
Program 2-6 Emergency Shelters, Transitional Housing, and Supportive Housing (Source: Previous Program 2-4)
The City will work through the Continuum of Car and County to support funding for the provision of emergency shelters, transitional housing, and supportive housing to provide housing for persons experiencing and at-risk of homelessness. The City shall:
• Permit permanent supportive housing with by-right streamlining provisions in multifamily, mixed-use, and nonresidential zones pursuant to AB 101 and AB 2167. • Continue participation in the mental health crisis response (SAFE) Program, or a similar program, to defer police calls to an alternative response from mental health professionals.

Responsibility: Community Development Department and Cotati Police Department Funding: General Fund
Timeframe: Land Use Code revisions adopted concurrently with the Housing Element Goal H-3 Affordable, Attainable & Accessible Housing
Expand Affordable Housing Opportunities for Lower Income Households and Persons with Special Housing Needs, including Seniors, Disabled Persons, Developmentally Disabled Persons, and Homeless Persons and Families
Policy H-3-1: Ensure that the City’s development standards encourage development of a range of housing types, including multifamily, mixed use, high density residential, accessory dwelling units, cottage housing units, and single-family units; implement objective design and development standards in triannual building code

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop review; and incentivize production of lower income housing. (Source: Previous Policy H-3.1)
Policy H-3-2: Provide incentives for discretionary affordable housing development that address community priorities, including density bonuses, expedited processing, relaxation in development standards through the use of concessions and incentives, and either reduction, delay, or waiver of fees when financially feasible. (Source:

Previous Policy H-3.2)
Policy H-3-3: Continue to provide density bonuses to eligible projects as required by Government Code Section 65915, including projects that meet the minimum amount of total units affordable to very low and low income households or provide units restricted to occupancy for senior households. (Source: Previous Policy H-3.3)
Policy H-3-4: Seek and utilize available County, State and Federal programs and other funding sources that provide housing opportunities for extremely low, very low, low, and moderate income and special needs households. (Source: Previous Policy H-3.6) Policy H-3-5: Encourage housing for large and intergenerational families, including through the promotion of accessory dwelling units. (Source: Previous Policy H-3.7) Policy H-3-6: Continue to facilitate accessible universal design in new housing development and eliminate further barriers to safe and accessible housing for people with disabilities. (Source: Previous Policy H-3.8)
Policy H-3-7: Coordinate with regional and local service groups to facilitate linkages between at-risk individuals and families, and organizations that provide support services, such as rapid re-housing programs, house share programs, and services for the homeless. (Source: Previous Policy H-3.9)
Program 3-1 Zoning for a Variety of Housing Types
(Source: Previous Program 3-1, Addresses Government Code 65583 and 65583.2) As part of development project review and processing, provide incentives for affordable housing that addresses communities priorities, including housing affordable to extremely low income households, and special needs housing, including: density bonuses, expedited processing, relaxation in development standards (e.g., reduced minimum lot sizes or setbacks, increased height limitations, reduced openspace requirements, reduced parking requirements), and either reduction, delay, subsidy or waiver of fees when financially feasible, and fast-tracked applications. Incentives shall include those identified above and by the Land Use Code and this Housing Element.

The City will review all City Zoning Codes and plans to determine if changes are needed to comply with State laws related to transitional housing, supportive housing, group homes, Low Barrier Navigation Centers, and Accessory Dwelling Units.

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop City staff will bring forward Municipal Code amendments to address recent changes to State law including, but not limited to the following:
• Allow Permanent Supportive housing, as defined in Government Code Section 65650, to be a byright use in all zones where multifamily and mixed-uses are permitted. (AB 2162) • Allow Low Barrier Navigation Centers to be a by-right use in zones where multifamily and mixeduses are permitted, including the nonresidential zones where multifamily is permitted. (Government Code 65660)
• Allow employee housing for six or fewer employees to be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone, as required by CA Health and Safety Code Sections 17021.5 and 17021.6. • Amend Density Bonus ordinance for consistency with Government Code 65915, as amended by AB 2345, including updated parking standards for residential projects. • Provide new minimum concessions and parking requirements from Government Code 65915, within the Zoning Code to provide clear standards and expectations for potential developers. • The City will complete any legally permissible amendments to Specific Plans to ensure compliance with State laws related to transitional housing, supportive housing, group homes, Low Barrier Navigation Centers, and Accessory Dwelling Units.

Responsibility: Community Development Department
Funding: General Fund
Timeframe: Land Use Code revisions adopted concurrently with the Housing Element; amend remaining plans regulating land use by June 2024
Program 3-2 Funding for Affordable and Special Needs Housing (Source: Previous Program 3-3)
Continue to seek available funding for lower income and special needs housing to provide affordable housing and special needs housing that addresses the City’s priorities. Funding for housing shall include the following actions:
• Support applicants for County, State, Federal, or other funding applications for affordable (extremely low, very low, and low income) and special needs (seniors, homeless, at-risk of homelessness, large households, disabled persons, developmentally disabled persons, femaleheaded households, agricultural workers etc.) housing programs, including the Affordable Housing Innovation Program funds, BEGIN, CalHome, Emergency Housing and Assistance Program Capital Development, Housing Related Parks Program, Low Income Housing Tax Credits Multifamily Housing Program – General and Supportive Housing Components, Predevelopment Loan Program, and Transit-Oriented Development Housing Program. Prioritize funding for projects that provide a significant percentage of units to serve the City’s extremely low income, very low income, transitional/supportive, senior, or large family housing needs. • Continue the Housing Fund, with contributions collected from private and public sources to implement and/or supplement the City's housing programs. Use the Housing Fund to make housing available to very low to moderate-income Cotati residents, with an emphasis on very low and low income units, very low and low income units for large families, affordable senior housing, and transitional/supportive housing.

Responsibility: Community Development Department, Sonoma County Community Development Commission (CDC)
Funding: Housing Fund and/or various County, State, Federal or other funding sources.

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop Timeframe: On-going, with annual application for County CDBG and HOME Funds and other state and federal funds, when appropriate and available Program 3-3 Cohousing
(Source: Previous Program 3-5 – Senior Shared Housing Programs) Pursue the allowance of cohousing (complete units with shared spaces and amenities), particularly for seniors and students, in residential and mixed-use zones if adequate parking and infrastructure can be provided.

Responsibility: Community Development Department
Funding: General Fund
Timeframe: Land Use Code revisions adopted concurrently with the Housing Element Program 3-4 Maintain Adequate Staff
(Source: Previous Program 3-6)
Continue to maintain adequate staff in the Planning Department to process and review housing development applications in a timely manner and to implement the housing programs contained in this Element, through the following actions:
• Coordinate with ABAG/MTC and the Sonoma County Community Development Commission to supply contract planners and supplemental staff services to facilitate the production, protection, monitoring, and preservation of housing in the City.
• Formalize the role of Housing Administrator or Coordinator as a duty of in-house staff and/or a third-party administrator, as funding allows.
• Augment staff capacity with consultants as deemed necessary to execute City Housing goals.

Responsibility: Community Development Department
Funding: General Fund and any available grant funds for housing programs Timeframe: On-going
Program 3-5 Housing Choice Vouchers
(Source: Previous Program 3-7 – Tax-Exempt Financing)
The Section 8 Housing Choice Voucher Program is a federal subsidy program that helps families afford market-rate, private rental housing. Furthermore, landlords housing Section 8 tenants benefit from federally guaranteed rental income. Under State law (SB 329 and SB 222), landlords in California are legally required to accept rental applications from applicants using Section 8 and VASH vouchers and other forms of rental assistance.
• The City shall continue to require developers utilizing tax-exempt financing to include language in agreements with the City permitting persons and households eligible for HUD Section 8 rental assistance or Housing Voucher Folders to apply for below-market-rate units provided in the development.
• The City shall provide information on the City’s website regarding the Section 8 Housing Choice Voucher Program, including income eligibility, landlord resources, and a link to the Section 8 application hosted by the Sonoma County Community Development Commission. • The City shall monitor the status of Section 8 waiting list on a quarterly basis and issue a citywide notification via the City’s mailing list upon periodic opening of the waiting list.

Responsibility: Community Development Department
Funding: General Fund and any available grant funds for housing programs

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop Timeframe: On-going; quarterly monitoring
Program 3-6 Review Processing Fees
(Source: Previous Program 3-8)
• Pursue use of Housing Fund dollars to subsidize the development impact fees of extremely low, very low, and low-income units.
• Ensure compliance with SB 330 (Housing Accountability Act), and adherence to streamlining deadlines, thereby reducing the overall cost of housing developments by mitigating unnecessary delays.
• Ensure compliance with AB 602, as detailed in Program 6-4.

Responsibility: Community Development Department
Funding: General Fund and any available grant funds for housing programs Timeframe: During fiscal year 2022/23, prior to June 30, 2023.

Program 3-7 Prohousing Designation
(Source: New Program, added to address community priorities and statutory objectives) Through addressing constraints to development and fair housing opportunity, the City will strive to receive the Prohousing Designation from the California Department of Housing and Community Development.

Receiving this designation will provide the City an advantage in applications for competitive funding sources, including the Infill Infrastructure Grant and funding from the Affordable Housing and Sustainable Communities Program.

The City will review its implemented policies and programs within one year of Housing Element adoption to determine its eligibility for the Prohousing Designation Program. If eligible, the City will apply to receive the Prohousing Designation by 2025.

Responsibility: Community Development Department
Funding: General Fund and any available grant funds for housing programs Timeframe: 2025
Goal H-4 Affirmatively Furthering Fair Housing
Promote Housing Opportunities for All Persons Regardless of Race, Gender, Age, Marital Status, Ancestry, National Origin, Color, or Sexual Orientation
Policy H-4-1: The City will work to eliminate all unlawful discrimination in housing with respect to age, race, gender, sexual orientation, marital or familial status, ethnic background, disability, medical condition, or other arbitrary factors, so that all residents can obtain decent housing throughout the City. (Source: Previous Policy H-4.11)
Program 4-1 Anti-Displacement Actions
(Source: New Program, Addresses AB 686)

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop Lower and moderate-income renters are at increased risk of displacement. The City shall take measures to reduce the risk of displacement through the City, especially in areas of increased investment and development, through the following actions:
• Pursue grant opportunities to create a residential rehabilitation program for lower income residents. Work with the Community Development Commission to apply for HOME, CalHome, and CDBG funds, as well as promote Section 504 Home Repair Program loans and grants to provide housing rehabilitation loans and weatherization services for income-eligible households to improve living conditions.
• Explore a Condominium Conversion ordinance to limit the loss of rental housing stock, as applicable.
• Continue to promote programs for housing stability and eviction prevention. Prepare a directory of trusted community partners willing to promote these programs. Utilize these partnerships to share resources in a culturally sensitive manner and incorporate place-based outreach. • When implementing Program 1-6 to convert market-rate properties to deed-restricted affordable, prioritize developments subject to a higher likelihood of displacement.

Program 4-2 Housing Discrimination Complaints
(Source: Previous Program 4-1)
The City shall take measures to distribute information regarding fair housing rights, programs, and complaint procedures through the following actions:
• Refer fair housing complaints to service providers including Legal Aid of Sonoma County and Fair Housing of Sonoma County, which provide free fair housing information and assistance to all residents of Sonoma County.
• Continue to address fair housing issues through participation, through the Urban County or other sources, in Fair Housing Sonoma County and Fair Housing of Marin (organizations that provide assistance for housing discrimination complaints and tenant/landlord mediation).

Responsibility: Community Development Department
Funding: General Fund
Timeframe: On-going; check public counter weekly to ensure that fair housing brochures are available to the public
Program 4-3 Nondiscrimination & Fair Housing Information (Source: Previous Programs 4-2 & 4-3)
The City shall take measures to provide and publicize information regarding fair housing programs, housing rights, and complaint procedures, including the following actions:
• Include nondiscrimination clauses in rental agreements and deed restrictions for housing constructed with City assistance.
• Require bilingual (English/Spanish) availability of rental agreements by 2025. • Continue to maintain an inventory of existing affordable rental housing and affordable ownership opportunities and programs on the City website.
• Continue to provide information regarding equal housing opportunity laws and the City's equal housing opportunities procedures to the public at City Hall, the Police Department and the City’s

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop website. Include information about Fair Housing of Sonoma County to ensure residents with grievances can connect to the appropriate agencies and services. • Continue to maintain an inventory on existing affordable rental housing and affordable homeownership opportunities and programs on the City website.

Responsibility: Community Development Department
Funding: General Fund
Timeframe: On-going; check public counter weekly to ensure that fair housing brochures are available to the public
Program 4-4 Reasonable Accommodation
(Source: Previous Program 3-4)
Ensure that reasonable accommodation is provided for persons with disabilities, including developmental disabilities, through the following actions:
• Ensure that requests for reasonable accommodation are over the counter, fast, and free. Conduct a biannual review of the City’s regulations, procedures, and processes to ensure that reasonable accommodation is provided for disabled persons.
• If barriers to reasonable accommodation are identified, undertake appropriate revisions to address the issue within six months, or prioritize as funding allows.

Responsibility: Community Development Department
Funding: General Fund
Timeframe: Land Use Code revisions adopted concurrently with the Housing Element; annual review conducted by April 1
Program 4-5 Limit Code Enforcement Activities
(Source: Previous Program 1-4 – Addresses AB 686)
Continue to prioritize residential code enforcement activities on situations that pose an immediate threat to public health and safety. Such activities do not include minor alterations made to residences without benefit of permit when such alterations are made to accommodate a special need or disability of the resident(s), or for interior alterations made to allow or honor the residents’ cultural needs or practices, unless those alterations pose an immediate threat to the safety of the residents or neighborhood. In instances of health and safety requiring significant repair, connect residents and property owners with rehabilitation programs and legal assistance. Ensure that Code Enforcement representatives receive training for cultural sensitivity and allow adequate capacity for services to be conducted.

Responsibility: Community Development Department
Funding: General Fund
Timeframe: On-going
Program 4-6 Culturally Appropriate Facilitation and Involvement (Source: New Program – Addresses AB 686)
Facilitate the involvement of underrepresented residents, businesses, and organizations in all aspects of the planning process, utilizing culturally appropriate approaches to public participation and involvement.

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop Require affordable housing providers to conduct outreach to historically underrepresented populations, including people of color, when affordable housing programs are being marketed.

Responsibility: Community Development Department
Funding: General Fund
Timeframe: On-going

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop Goal H-5 Community Engagement
Ensure Public Participation in the Development of the City’s Housing Policies
H-5-1 Encourage and facilitate public participation in the formulation and review of the City's housing and development policies. (Source: Previous Policy H-6.1) Program 5-1 Annual Report
(Source: Previous Program 6-1)
Prepare an Annual Report to the City Council in the format approved by HCD which describes 1) implementation of Housing Element programs to date, 2) the amount and type of housing activity as related to the Housing Element’s goals, policies, and programs, 3) an updated summary of the City's housing needs, and 4) other housing information as described in these Goals. Submit this report to the Department of Housing and Community Development by April 1 of each year.

Responsibility: Community Development Department
Funding: General Fund
Timeframe: Provide annual report to City Council in the first quarter of each year and submit to HCD by April 1
Program 5-2 Workshops and Public Hearings
(Source: Previous Program 6-2)
Facilitate workshops and public hearings to provide the public, housing developers, and service providers with an opportunity to review and discuss proposed changes to the City’s Housing Element.

The City shall continue to hold informational presentations on evolving housing regulations and opportunities annually with the APR.

Responsibility: Community Development Department
Funding: General Fund
Timeframe: On-going
Program 5-3 Stakeholder Engagement
(Source: Previous Program 3-2 – Planning for Affordable and Special Needs Housing) In addition to engaging the current and future residents and workforce of Cotati, to engage stakeholders directly involved in housing, the City shall:
• Establish an open request for qualified applicants and notify local and regional housing developers upon the availability of surplus public lands, and reach out to a list of at least 20 local and regional developers upon such availability.
• Participate in housing stakeholder workshops or Housing Fairs that includes housing developers, property managers, community leaders, advocates, and special needs group stakeholders. The workshop is intended to identify potential housing projects, priorities, and funding opportunities.

Pursue participation in events with active housing developers, community organizations, and neighboring jurisdictions such as Rohnert Park or other non-entitlement jurisdictions of the Sonoma County Community Development Commission as applicable.

Responsibility: Community Development Department
Funding: General Fund

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop Timeframe: On-going
Program 5-4 Accessible & Transparent Information
(Source: New, Addresses AB 602, SB 319)
The City will increase accessibility and transparency of housing development standards and opportunities and meet the new transparency and development fee requirements of AB 602 and SB 319 by implementing the following actions:
• Post all required information about development standards and fees on the City’s website. • Ensure compliance with AB 602 requirements for new development impact fee studies and publicizing resulting fees.
• Create and publish a summary that identifies the sites on the City’s Sites Inventory and make the summary available online in map format. Provide site-specific development information and support whenever possible to provide a clear development process for interested housing developers.

Responsibility: Community Development Department
Funding: General Fund
Timeframe: On-going
Quantified Objectives
One of the requirements of State law (California Government Code Section 65583(b)) is that the Housing Element contain quantified objectives for the maintenance, preservation, improvement, and development of housing. The quantified objectives set a goal for Cotati to achieve based on needs, resources, and constraints. State law recognizes that the total housing needs identified by a community may exceed available resources and the community’s ability to satisfy this need. Under these circumstances the quantified objectives need not be, and are not intended to be, identical to the total housing needs.

The quantified objectives shown in Table1 represent goals. They are estimates based on past experience, anticipated funding levels, and anticipated housing market conditions. The quantified objectives are not designed to be minimum requirements. Rather, they are based largely upon implementation programs that have measurable outcomes. However, the Housing Element contains several policies and implementation programs that reduce barriers and create opportunities for affordable housing. These policies and programs assist in meeting the City’s housing needs but are more qualitative in nature and are difficult to quantify.

Table 1 Summary of Quantified Objectives
City of Cotati, 2023-2031
Program Types Extremely LowIncome
Very LowIncome
Low-Income ModerateIncome
AboveModerate
Income

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) Administrative Draft for PC/CC Joint June 14, 2022, Housing Element Update Workshop New
Construction
20 19 19 26 98
Preservation of
Affordability
7 7 8 6 0
Rehabilitation 1 1 1 0 0
Conversion 0 0 0 0 0
ADUs/JADUs 3 4 7 7 3
Total 30 30 34 39 101

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Attachment: Draft Housing Strategy (Housing Element Programs and Policies-Discussion) # Category Max.

Points
Jx.

Points Policy
1A Favorable Zoning
and Land Use 3
Sufficient sites, including rezoning, to
accommodate 150 percent or greater of the current
or draft RHNA, whichever is greater, by total or
income category.
1B Favorable Zoning
and Land Use 3
Permitting missing middle housing uses (e.g.,
duplexes, triplexes, and fourplexes) by right in
existing low-density, single-family residential
zones.
1C Favorable Zoning
and Land Use 2
Sufficient sites, including rezoning, to
accommodate 125 to 149 percent of the current or
draft RHNA, whichever is greater, by total or
income category. These points shall not be
awarded if the applicant earns three points
pursuant to Category (1)(A) above.
1D Favorable Zoning
and Land Use 2 Density bonus programs which exceed statutory requirements by 10 percent or more.
1E Favorable Zoning
and Land Use 2
Increasing allowable density in low-density, singlefamily residential areas beyond the requirements of state Accessory Dwelling Unit law (e.g.,
permitting more than one ADU or JADU per singlefamily lot). These policies shall be separate from any qualifying policies under Category (1)(B)
above.
1F Favorable Zoning
and Land Use 2
Reducing or eliminating parking requirements for
residential development as authorized by
Government Code sections 65852.2; adopting
vehicular parking ratios that are less than the
relevant ratio thresholds at subparagraphs (A), (B),
and (C) of Government Code section 65915,
subdivision (p)(1); or adopting maximum parking
requirements at or less than ratios pursuant to
Government Code section 65915, subdivision (p).
1G Favorable Zoning
and Land Use 1
Zoning to allow for residential or mixed uses in one
or more non-residential zones (e.g., commercial,
light industrial). Qualifying non-residential zones do
not include open space or substantially similar
zones.
1H Favorable Zoning
and Land Use 1
Modification of development standards and other
applicable zoning provisions to promote greater
development intensity. Potential areas of focus
include floor area ratio; height limits; minimum lot
or unit sizes; setbacks; and allowable dwelling
units per acre. These policies must be separate
from any qualifying policies under Category (1)(B)
above.

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Attachment: Blank Prohousing Designation Matrix (Housing Element Programs and Policies-Discussion) 1I Favorable Zoning
and Land Use
1 Establishment of a Workforce Housing Opportunity
Zone, as defined in Government Code section
65620, or a housing sustainability district, as
defined in Government Code section 66200.
1J Favorable Zoning
and Land Use
1 Demonstrating other zoning and land use actions
that measurably support the Acceleration of
Housing Production.
2A
Acceleration of
Housing
Production
Timeframes
3 Establishment of ministerial approval processes for
a variety of housing types, including single-family
and multifamily housing.
2B
Acceleration of
Housing
Production
Timeframes
2 Establishment of streamlined, program-level CEQA
analysis and certification of general plans,
community plans, specific plans with
accompanying Environmental Impact Reports
(EIR), and related documents.
2C
Acceleration of
Housing
Production
Timeframes
2 Documented practice of streamlining housing
development at the project level, such as by
enabling a by-right approval process or by utilizing
statutory and categorical exemptions as authorized
by applicable law (Pub. Resources Code, §§
21155.1, 21155.4, 21159.24, 21159.25; Gov.

Code, § 65457; Cal Code Regs., tit. 14, §§ 15303,
15332; Pub. Resources Code, §§ 21094.5, 21099,
21155.2, 21159.28).
2D
Acceleration of
Housing
Production
Timeframes
2 Establishment of permit processes that take less
than four months. Policies under this Category
(2)(D) must address all approvals necessary to
issue building permits.
2E
Acceleration of
Housing
Production
Timeframes
2 Absence or elimination of public hearings for
projects consistent with zoning and the general
plan.
2F
Acceleration of
Housing
Production
Timeframes
1 Establishment of consolidated or streamlined
permit processes that minimize the levels of review
and approval required for projects, and that are
consistent with zoning regulations and the general
plan.
2G
Acceleration of
Housing
Production
Timeframes
1 Absence, elimination or replacement of subjective
development and design standards with objective
development and design standards that simplify
zoning clearance and improve approval certainty
and timing.
2H
Acceleration of
Housing
Production
Timeframes
1 Establishment of one-stop-shop permitting
processes or a single point of contact where
entitlements are coordinated across city approval
functions (e.g., planning, public works, building)
from entitlement application to certificate of
occupancy.

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Attachment: Blank Prohousing Designation Matrix (Housing Element Programs and Policies-Discussion) 2I
Acceleration of
Housing
Production
Timeframes
1 Priority permit processing or reduced plan check
times for ADUs/JADUs, multifamily housing, or
homes affordable to lower- or moderate-income
households.
2J
Acceleration of
Housing
Production
Timeframes
1 Establishment of a standardized application form
for all entitlement applications.
2K
Acceleration of
Housing
Production
Timeframes
1 Practice of publicly posting status updates on
project permit approvals on the Internet.
2L
Acceleration of
Housing
Production
Timeframes
1 Limitation on the total number of hearings for any
project to three or fewer. Applicants that accrue
points pursuant to Category (2)(E) are not eligible
for points under this Category (2)(L).
2M
Acceleration of
Housing
Production
Timeframes
1 Demonstration of other actions, not listed above,
that quantifiably decrease production timeframes
or promote the streamlining of approval processes.
3A
Reduction of
Construction and
Development
Costs
3 Waiver or significant reduction of development
impact fees for residential development.
3B
Reduction of
Construction and
Development
Costs
2 Adoption of ordinances or implementation of other
mechanisms that result in less restrictive
requirements than Government Code sections
65852.2 and 65852.22 to reduce barriers for
property owners to create ADUs/JADUs. Examples
of qualifying policies include, but are not limited to, development standards improvements, permit
processing improvements, dedicated ADU/JADU
staff, technical assistance programs, and pre-
approved ADU/JADU design packages.
3C
Reduction of
Construction and
Development
Costs
1 Adoption of other fee reduction strategies separate
from Category (3)(A) above, including fee deferrals
and reduced fees for housing for persons with
special needs.
3D
Reduction of
Construction and
Development
Costs
1 Promoting innovative housing types (e.g.,
manufactured homes, recreational vehicles, park
models) that reduce development costs.
3E
Reduction of
Construction and
Development
Costs
1 Measures that reduce costs for transportation-
related infrastructure or programs that encourage
active modes of transportation or other alternatives
to automobiles. Qualifying policies include, but are
not limited to, publicly funded programs to expand
sidewalks or protect bike/micro-mobility lanes;
creation of on-street parking for bikes; transit-
related improvements; or establishment of

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Attachment: Blank Prohousing Designation Matrix (Housing Element Programs and Policies-Discussion) carshare programs.
3F
Reduction of
Construction and
Development
Costs
1 Adoption of universal design ordinances pursuant
to Health and Safety Code section 17959.
3G
Reduction of
Construction and
Development
Costs
1 Establishment of pre-approved or prototype plans
for missing middle housing types (e.g., duplexes,
triplexes, and fourplexes) in low-density, singlefamily residential areas. 3H
Reduction of
Construction and
Development
Costs
1 Demonstration of other actions, not listed above,
that quantifiably reduce construction or
development costs.
4A
Providing
Financial
Subsidies
2 Establishment of local housing trust funds or
collaboration on a regional housing trust fund.
4B
Providing
Financial
Subsidies
2 Provide grants or low-interest loans for ADU/JADU
construction affordable to lower- and moderateincome households. 4C
Providing
Financial
Subsidies
2 A comprehensive program that complies with the
Surplus Land Act (Gov. Code, § 54220 et seq.)
and that makes publicly owned land available for
affordable housing, or for multifamily housing
projects with the highest feasible percentage of
units affordable to lower income households. A
qualifying program may utilize mechanisms such
as land donations, land sales with significant writedowns, or below-market land leases. 4D
Providing
Financial
Subsidies
2 Establishment of an Enhanced Infrastructure
Financing District or similar local financing tool
that, to the extent feasible, directly supports
housing developments in an area where at least 20
percent of the residences will be affordable to
lower income households.
4E
Providing
Financial
Subsidies
1 Directed residual redevelopment funds to
affordable housing.
4F
Providing
Financial
Subsidies
1 Development and regular (at least biennial) use of
a housing subsidy pool, local or regional trust fund,
or other similar funding source.
4G
Providing
Financial
Subsidies
1 Prioritization of local general funds for affordable
housing.

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Attachment: Blank Prohousing Designation Matrix (Housing Element Programs and Policies-Discussion) 4H
Providing
Financial
Subsidies
1 Demonstration of other actions, not listed above,
that quantifiably promote, develop, or leverage
financial resources for housing.

EF1 Enhancement
Factors
2 Policy that represents one element of a unified,
multi-faceted strategy to promote multiple planning
objectives, such as efficient land use, access to
public transportation, affordable housing, climate
change solutions, and/or hazard mitigation.

EF2 Enhancement
Factors
1 Policies that promote development consistent with
the state planning priorities pursuant to
Government Code section 65041.1.

EF3 Enhancement
Factors
1 Policies that diversify planning and target
community and economic development
investments (housing and non-housing) to improve
lower opportunity areas. Such areas include, but
are not limited to, Low Resource and High
Segregation & Poverty areas designated in the
most recently updated TCAC/HCD Opportunity
Maps, and disadvantaged communities pursuant to
California Senate Bill 535 (2012).

EF4 Enhancement
Factors
1 Policies that go beyond state law requirements in
reducing displacement of lower income
households and conserving existing housing stock
that is affordable to lower income households.

EF5 Enhancement
Factors
1 Rezoning and other policies that support high-
density development in Location Efficient
Communities.

EF6 Enhancement
Factors
1 Rezoning and other policies that result in a net
gain of housing capacity while concurrently
mitigating development impacts on or from
Environmentally Sensitive or Hazardous Areas.

EF7 Enhancement
Factors
1 Zoning policies that increase housing choices and
affordability in High Resource and Highest
Resource areas, as designated in the most
recently updated TCAC/HCD Opportunity Maps.

EF8 Enhancement
Factors
1 Other policies that involve meaningful actions
towards affirmatively furthering fair housing
pursuant to Government Code section 8899.50,
including, but not limited to, outreach campaigns,
updated zoning codes, and expanded access to
financing support.
69 3.A.c
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Attachment: Blank Prohousing Designation Matrix (Housing Element Programs and Policies-Discussion) I2
I2
£¤101
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COTATI CREEK NORTH FORK

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ROHNERT PARK EXPY

SOUTHWEST BLVD

OLD REDWOOD HWY
ADRIAN
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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
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ROSANA WAY

LACROSSE
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VALPARAISO AVE

JASMINE CIR
BAY
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FORD LN
GROVE
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ISABEL DR

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HILLVIEW
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ESTRELLA DR
WALNUT
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JOHN ROBERTS DR

SONOMALN
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LN

MINNESOTA AVE
W

COTATI AVE
ZARA
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WILFORD LN

CIELO CIR

FIESTALN

COPELAND CREEK DR

MADRIGAL ST
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LINCOLN AVE

BOBBIE WAY

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ABRIEL 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
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MYRTLE AVE

LOMBARD WAY

ALMA AVE

CITY CENTER DR

MCGINNIS
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MAURICE AVE
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SAN ANTONIO DR

RACQU E T CLUB CIR

W SCHOOL ST

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LA SALLE AVE
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BRIDGIT DR

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LARK DR

ALDER AVE
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FALCON DR

ALMOND ST
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CHARLES
ST

ALISON AVE
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MIDDLEBROOK WAY
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SAN FRANCISCO WAY

BLODGETT ST
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COLLEGE VIEW DR

WILLIAM
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SIERRA AVE

LOCUST AVE

CAMINO CORONADO

SANTA BARBARA DR

JAGLA ST

W COTATI OAKS
CT

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LANYARD CT

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PORTAL ST

LINDEN AVE

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LN

AARON ST

LYNNE CO

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HONOR PL

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HOUSER ST

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BEVERLY DR

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AVE

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BARBI LN

CALA WAY
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CT
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LINDSAY AVE

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LUND HILL LN
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GRAVENSTEIN WAY

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LOS FELIZ
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LO M
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COHEN CT

CORINTH CT

LASKER LN

HENRY ST

LISBON CT

LABATH AVE
MACAW
CT

DELANO ST
SAN
M
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CASTILLE CT

MEDICAL CENTER DR

MEGAN PL

AVEN DI A CALA

JUNIPERDR

AMBER LN

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ARBOR CT
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LAREDO ST

ALICANTE ST

LAKEWOOD AVE

LAGUNA DR

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EUCALYPTUS AVE

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SYCAMORE LN

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OLOF ST

ARTHUR ST

GEORGE ST

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OLD REDWOOD HWY

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BALMA LN

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UV116
Zoning
OSR - Open Space - Conservation
RR - Rural Residential
RVL - Residential Very Low Density
NL - Neighborhood, Low Density
NM - Neighborhood, Medium Density
NU - Neighborhood, Urban
CE - Commercial, East Cotati Corridor
CG - Commercial, Gravenstein Corridor
CD - Downtown Commercial
CI - Commercial/Industrial District
IG - General Industrial District
PF - Public Facility District
CA - Commerce Avenue
NG - Northern Gateway
LP - La Plaza
HC - Historic Core
SW - Santero Way
County Pre-Zoned Areas
Specific Plan Areas
Mobile Home Parks
City Limits
Urban Growth Boundary
I2 SMART Station
1 inch = 500 feet µ 0 500 1,000 2,000 3,000 4,000 Feet
Created June 2020
RVL-.66
RR-1
RR-1
RR-1
RR-1

3.A.d
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Attachment: Cotati_Zoning Map-June 2020 (Housing Element Programs and Policies-Discussion) 68 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
Examples of Contributing Factors to Fair
Housing Issues by Area
Outreach
● Lack of a variety of media (e.g., meetings, surveys, stakeholder interviews) ● Lack of marketing community meetings
● Lack of meetings at various times
● Lack of accessibility to draft documents
● Lack of language access
● Lack of accessible forums (e.g., webcast, effective communication, reasonable accommodation procedures)
Fair Housing Enforcement and Outreach Capacity
● Lack of local private fair housing outreach and enforcement ● Lack of local public fair housing enforcement
● Lack of resources for fair housing agencies and organizations ● Lack of state or local fair housing laws to support strong enforcement ● Unresolved violations of fair housing or civil rights law (including challenges to protect the constitutional and statutory rights of unhoused people) Segregation and Integration
● Community opposition
● Displacement of residents due to economic pressures
● Lack of community revitalization strategies
● Lack of private investments in specific neighborhoods ● Lack of public investments in specific neighborhoods, including services or amenities ● Lack of regional cooperation
● Land use and zoning laws
● Lending discrimination
● Location and type of affordable housing
● Occupancy codes and restrictions
● Private discrimination
● Source of income discrimination
● Lack of tenant protections
● Harassment
● Lack of supportive housing in community-based settings ● Policing and criminalization

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Attachment: HCD Examples of Contributing Factors by Issue Area Examples of AFFH Actions (Housing Element Programs and Policies- California Department of Housing and Community Development 69 Affirmatively Furthering Fair Housing
Racially and Ethnically Concentrated Areas of Poverty
● Community opposition
● Deteriorated and abandoned properties
● Displacement of residents due to economic pressures
● Lack of community revitalization strategies
● Lack of private investments in specific neighborhoods ● Lack of public investments in specific neighborhoods, including services or amenities ● Lack of regional cooperation
● Land use and zoning laws
● Location and type of affordable housing
● Occupancy codes and restrictions
● Private discrimination
● Lending discrimination
● Policing and criminalization
Disparities in Access to Opportunity
● Access to financial services
● The availability, type, frequency, and reliability of public transportation ● Lack of private investments in specific neighborhoods ● Lack of public investments in specific neighborhoods, including services or amenities ● Lack of regional cooperation
● Land use and zoning laws
● Lending discrimination
● Location of employers
● Location of environmental health hazards
● Location of proficient schools and school assignment policies ● Location and type of affordable housing
● Occupancy codes and restrictions
● Private discrimination
● Policing and criminalization
Disparities in Access to Opportunity for Persons with Disabilities ● Access to proficient schools for persons with disabilities ● Access to publicly supported housing for persons with disabilities ● Access to transportation for persons with disabilities ● Inaccessible government facilities or services
● Inaccessible sidewalks, pedestrian crossings, or other infrastructure ● Lack of affordable in-home or community-based supportive services ● Lack of affordable, accessible housing in range of unit sizes ● Lack of affordable, integrated housing for individuals who need supportive services ● Lack of assistance for housing accessibility modifications ● Lack of assistance for transitioning from institutional settings to integrated housing ● Land use and zoning laws
● Lending discrimination
● Location of accessible housing

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Attachment: HCD Examples of Contributing Factors by Issue Area Examples of AFFH Actions (Housing Element Programs and Policies- 70 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
● Occupancy codes and restrictions
● Lack of effective accommodations for unhoused people with disabilities ● Regulatory barriers to providing housing and supportive services for persons with disabilities ● State or local laws, policies, or practices that discourage individuals with disabilities from being placed in or living in apartments, family homes, and other integrated settings ● Policing and criminalization (especially people with mental disabilities or neurodivergent individuals) Disproportionate Housing Needs, Including Displacement Risks ● The availability of affordable units in a range of sizes ● Displacement of residents due to economic pressures
● Lack of private investments in specific neighborhoods ● Lack of public investments in specific neighborhoods, including services or amenities ● Lack of renter protections
● Lack of protections for mobilehome park residents
● Land use and zoning laws
● Lending discrimination
● Lack of rental relief programs for people at risk of homelessness Site Inventory
● Community opposition
● Lack of community revitalization strategies
● Lack of private investments in specific neighborhoods ● Lack of public investments in specific neighborhoods, including services or amenities ● Lack of regional cooperation
● Land use and zoning laws
● Local policies or practices (e.g., councilmember veto) ● Location and type of affordable housing
● Private discrimination

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Attachment: HCD Examples of Contributing Factors by Issue Area Examples of AFFH Actions (Housing Element Programs and Policies- 72 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
Examples of Affirmatively Furthering Fair
Housing Actions
Housing Mobility Strategies consist of removing barriers to housing in areas of opportunity and strategically enhancing access. Examples include:
● Voucher mobility
● Housing mobility counseling
● City-wide affordable rental registries
● Landlord outreach to expand the location of participating voucher properties ● Landlord education and outreach on source of income discrimination and voucher programs ● Assistance with security deposits and moving expenses for voucher holders and other low-income tenants ● Extend search times for particular groups with housing choice vouchers, such as larger families with children or persons with disabilities
● Regional cooperation and administration of vouchers (such as through portability and shared waiting lists);
● Affirmative marketing can be targeted at promoting equal access to government-assisted housing or to promote housing outside the immediate neighborhood to increase awareness and the diversity of individuals in the neighborhood
● Collaborate with high performing school districts to promote a diversity of students and staff to serve lower income students
● Developing multifamily housing opportunities95
● Encouraging the development of four or more units in a building ● Encouraging collaboration between local governments and community land trusts as a mechanism to develop affordable housing in higher-opportunity areas.96 ● Accessibility programs focus on improving access to housing, transit, public buildings and facilities, sidewalks, pedestrian crossings, and businesses New Housing Choices and Affordability in Areas of Opportunity means promoting housing supply, choices and affordability in areas of high opportunity and outside of areas of concentrated poverty. Examples include:
● Zoning, permit streamlining, fees, incentives and other approaches to increase housing choices and affordability (e.g., duplex, triplex, multifamily, accessory dwelling units, transitional and supportive housing, group homes) in high opportunity areas ● Target housing creation or mixed income strategies (e.g., funding, incentives, policies and programs, density bonuses, land banks, housing trust funds) ● Inclusionary requirements
95 The federal FHA includes design and construction requirements for all residential buildings with four or more attached units. In buildings with stairs, all ground floor units must be accessible, and in buildings with elevator access, all units must have minimum access. There is no federally mandated standard for accessibility in single family homes. Government Code section 12955.1, subdivision (b), requires 10 percent of units in multifamily buildings without elevators consisting of 3 or more rental units or 4 or more condominium units are subject to accessibility building standards.
96 See Community Land Trusts and Stable Affordable Housing, available at https://www.huduser.gov/portal/pdredge/pdr-edge-featdarticle-110419.html, last visited on March 19, 2021.

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Attachment: HCD Examples of Contributing Factors by Issue Area Examples of AFFH Actions (Housing Element Programs and Policies- California Department of Housing and Community Development 73 Affirmatively Furthering Fair Housing
● Scattered site affordable development
● Targeted investment and programs, including sweat equity, down payment assistance, new rental construction
● Accessibility modification programs and other measures that proactively enhance accessibility ● Increase accessible number of units above state law through incentives, policies, funding and other similar measures
● Developing waiting lists for persons with disabilities, such as coordination with regional centers for developmental services and targeting those lists to property owners or homeowners making units (e.g., ADUs) available
● Leveraging in-home or community based supportive services ● Develop a campaign to combat local opposition
● Increase number of ADUs allowed per site
● Increasing opportunities for community ownership of housing Place-based Strategies to Encourage Community Conservation and Revitalization Involves approaches that are focused on conserving and improving assets in areas of lower opportunity and concentrated poverty such as targeted investment in neighborhood revitalization, preserving or rehabilitating existing affordable housing, improving infrastructure, schools, employment, parks, transportation and other community amenities. Examples include:
● Targeted investment in areas of most need focused on improving community assets such as schools, recreational facilities and programs, social service programs, parks, streets, active transportation and infrastructure ● Develop a proactive code enforcement program that targets areas of concentrated rehabilitation needs, results in repairs and mitigates potential cost, displacement and relocation impacts on residents
● Dedicate or seek funding to prioritize basic infrastructure improvements (e.g., water, sewer) in disadvantaged communities
● Address negative environmental, neighborhood, housing and health impacts associated with siting and operation of land uses such as industrial, agricultural, waste storage, freeways, energy production, etc. in disadvantaged communities
● Address negative impacts from climate change through investments in adaptation measures such as urban forestry, flood prevention measures, etc. in disadvantaged communities ● Target acquisition and rehabilitation to vacant and blighted properties in neighborhoods of concentrated poverty
● Inter-governmental coordination on areas of high need ● Prioritized capital improvement programs
● Develop new financing
● Recruit residents from areas of concentrated poverty to serve on boards, committees, task forces and other local government decision-making bodies
● Catalyze leadership and future community wide decision-makers, including affirmative recruitment in hiring practices ● Leverage private investment for community revitalization, including philanthropic ● Expand access to community meetings, including addressing language barriers, meeting times

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Attachment: HCD Examples of Contributing Factors by Issue Area Examples of AFFH Actions (Housing Element Programs and Policies- 74 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
Protecting Existing Residents from Displacement comprises strategies that protects residents in areas of lower or moderate opportunity and concentrated poverty and preserves housing choices and affordability. Examples include:
● First right of return to existing residents and policies that include moving expenses ● Multi-lingual tenant legal counseling
● Affirmative marketing strategies or plans targeting nearby neighborhoods, a Disadvantaged Community or a Low-Income Community
● Replacement requirements in targeted growth areas such as transit stations, transit corridors, job and housing rich areas, downtowns and revitalization areas or policies on sites identified to accommodate the housing needs of lower income households ● Rent stabilization programs beyond what is required by California Civil Code 1946.2 ● Just cause eviction or other efforts improving tenant stability beyond what is required by California Civil Code 1946.2 ● Policies to preserve Single Room Occupancy (SRO) housing or mobilehome parks ● Condominium conversion restrictions
● Land banking programs actively receiving funding
● Community benefit zoning and/or other land value recapture strategy ● Rent review board and/or mediation, foreclosure assistance, or multilingual tenant legal counseling services ● Density bonus ordinances that expand on state replacement requirements ● Implementation of an overlay zone to protect and assist small businesses ● Establishment of a small business advocate office and single point of contact for every small business owner;
● Creation and maintenance of a small business alliance; ● Increased visibility of the jurisdiction’s small business assistance programs; ● Formal program to ensure that some fraction of a jurisdiction’s purchases of goods and services come from local businesses
● Prioritization of Minority and Women Business Enterprises (MWBE) for public contracting ● Environmental contamination mitigation and hazard mitigation measures such as seismic retrofits, flood adaptation measures, etc. to prevent displacement from disasters ● Eliminating crime-free or nuisance ordinances or programs that result in penalties to landlords and evictions of tenants

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Attachment: HCD Examples of Contributing Factors by Issue Area Examples of AFFH Actions (Housing Element Programs and Policies- California Department of Housing and Community Development 71 Affirmatively Furthering Fair Housing
Sample Contributing Factors & Actions Matrix
Identified Fair
Housing Issue
Contributing
Factor
Priority
(high, medium, low) Meaningful Action

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Attachment: HCD Examples of Contributing Factors by Issue Area Examples of AFFH Actions (Housing Element Programs and Policies- Cotati City Council
Agenda Staff Report
Item type: STUDY SESSION
To: City Council
Subject: Draft 6th Cycle Housing Element Update Public Workshop Date: February 22, 2022
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended that the City Council and Planning Commission review the provided information, provide direction on outstanding issues and receive and file the report for future consideration.

Background
This Workshop is a public presentation and information gathering event for the community, Planning Commission and City Council and is intended to:

1. To provide an overview of state, regional, and local housing issues and laws to provide context for the 6th Cycle Housing Element Update process;

2. To demonstrate where demographic data and community input can inform the 2023 Housing Element Update;

3. To obtain feedback from the Planning Commission and City Council on potential policy options; and

4. To seek public input on housing needs and potential solutions that will be used to inform the 6th Cycle Housing Element Update.

Analysis/Discussion
Introduction And Overview
The preparation of the Housing Element is required by California State Law, Chapter 10.6 and

10.7 of the Government Code. The City has contracted with 4LEAF, Inc. to prepare the required update to its 2014 Housing Element to cover the period between 2023 – 2031. The update of the Housing Element provides the opportunity for the City to review and supplement their existing housing policies and implementation measures to facilitate housing production

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) and demonstrate how the City will accommodate its assigned housing need, spread across the different income levels for the next eight years.

The Housing Element is one of the seven mandated elements of the City’s General Plan. It is the only element of the General Plan required by the State to be updated on a set schedule. A Housing Element is required by California law to establish policies and programs that will support the provision of an adequate housing supply for citizens of all income levels. The intent of state law is to ensure that all jurisdictions in the state are zoned to provide adequate housing for all members of the community. While the State reviews the Housing Element to ensure compliance with housing law, each jurisdiction must identify its own specific housing needs to successfully address those needs.

Regional Housing Needs Allocation
The Regional Housing Needs Allocation (RHNA) is mandated by State housing laws as part of the process of updating General Plan Housing Elements. The RHNA process is meant to identify and address housing needs for the projected State population and household growth; to improve the jobs - housing balance in communities; and to ensure the availability of housing affordable to all income groups. The County of Sonoma has a combined RHNA of 14,562 units. Cotati’s assigned share of that RHNA is 234 units, including 94 units affordable to lower-income households and 39 units affordable to moderate-income households:

Draft Regional Housing Need Allocation, 2023 - 2031
Very
Low
Low Moderate Above
Moderate
Total
Cotati 60 34 39 101 234
Government Code (GC) Section 65583(a)(1) further divides the very-low-income category into extremely low and very low categories with 50% in each. Cotati’s extremely low-income unit allocation is therefore 30 units.

Zoning, Density, and Affordability Assumptions
The City is not required to construct housing units mandated by RHNA. It is instead required to demonstrate that it has adequate sites zoned at appropriate densities to accommodate the number of RHNA units in each income category. When a city lacks adequate available, vacant land for the development of its RHNA, it must either rezone adequate land at high enough densities to support affordable housing development or use other methods to identify where the units can go. These methods may include increasing allowable densities in certain land use categories; providing zoning overlays to allow housing on certain commercial parcels;

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) allowing additional units within single-family neighborhoods; implementing programs to encourage more, smaller units that are typically more affordable than larger units; or developing other creative solutions that address the City’s identified housing needs. For a unit to qualify as low income in a housing site inventory, the City must demonstrate that the rent or sales price is affordable to the specified income levels. The typical method to demonstrate affordability at these income levels is to record a deed restriction on the units for all future renters or owners for 55 years.

Credit for Accessory Dwelling Units (ADUs)
The City may also take credit for non-restricted units such as Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs) that are rented within the affordable income categories if it can demonstrate affordable rental rates. Alternatively, the City may use HCD’s “safe harbor” affordability assumptions, which are proposed by ABAG to be distributed across income categories as follows: 15% Extremely Low; 15% Very Low; 30% low, 30% moderate; and 10% above moderate. The safe harbor for the number of ADUs assumed for the upcoming planning period is the average of ADUs permitted over the years 2018-2021; higher numbers would need to be supported by evidence of significant increases in permitted ADUs along with strong programs to promote and support their construction.

Housing Element Update Requirements:

In addition to the requirement that the Housing Element address the City’s ability to meet the RHNA through zoning, the Housing Element serves as the tool to identify and provide for the local housing needs of the community.

State law requires that the Housing Element:
• Provide achievable goals, policies, quantified objectives, and scheduled programs to preserve, improve, and develop housing opportunities; • Identify and analyze household characteristics, including housing costs compared to residents’ ability to pay; and housing characteristics, including the extent of overcrowding and an estimate of housing stock conditions; • Identify and analyze governmental constraints on the maintenance, improvement, and development of housing for all income levels. These constraints include land use and density controls, building codes and their enforcement, site improvements, fees required of developers, and local processing and permit procedures; • Identify and analyze nongovernmental constraints on the maintenance, improvement, and development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, and community opposition;

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) • Identify the special housing needs of the community including the homeless, seniors, female-headed households, farmworkers, and persons with disabilities; • Identify sites that are suitable for all types of residential development, including multi- family and manufactured homes, during the eight-year housing cycle to meet the City’s fair share of regional housing needs (the RHNA) at all income levels; • Identify opportunities for energy conservation with respect to residential development; and
• Be certified (approved) by the State Department of Housing & Community Development (HCD) as complying with State law.

Highlights of New Housing Laws since the last Housing Element:

The California State Legislature has identified the attainment of a decent home and suitable living environment for every Californian as the State’s major housing goal. In the last few years, the legislature has passed multiple housing bills that prescribe new requirements for Housing Elements and new by-right requirements for housing projects. The State is serious about their efforts to facilitate the construction of new housing units in California, and new housing bills will continue to reshape the housing landscape for years to come. A brief overview of the state Housing Law updates is provided below for information and context about the Housing Element update process.

AB 72 (2017) strengthened California’s 50-year-old “Housing Element law,” which requires local governments to adequately plan for future housing needs at all income levels. The bill grants the state Housing and Community Development Department (HCD) authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted Housing Element or Housing Element law. This includes failure to implement program actions included in the Housing Element. HCD may revoke Housing Element compliance if the local government’s actions do not comply with state law. In addition, the HCD can refer violations to the state Attorney General’s Office for enforcement any time it determines that a local jurisdiction is in violation of state law for non-compliance with Housing Element law, the Housing Accountability Act, the “No Net Loss” law, the density bonus law or anti- discrimination laws.

Since 2018, HCD has sent more than 250 enforcement letters to jurisdictions throughout the state. The most notorious case involving the Attorney General’s office was that of Huntington Beach, which held that, for multiple reasons, the RHNA did not apply to them. The case was settled in 2020 when the City agreed to amend one of its Specific Plans to provide adequate sites to meet its RHNA obligation. In late 2021, the California HCD added a Housing Accountability Unit to further hold local jurisdictions accountable for their Housing Element commitments and other state laws.

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) SB 35 (2017) requires that jurisdictions that are not meeting their RHNA obligations have a “streamlined ministerial approval process” for housing developments of two or more units when 10% or 50% of project units are provided as affordable and deed restricted. “Streamlined ministerial approval process” means that officials cannot exercise discretion over a qualifying project, but can only compare it against adopted, objective design and development standards.

Cotati has not yet received applications under SB 35, but projects developing at 50% affordable housing are eligible for streamlined review, and staff is endeavoring to have such standards adopted within the next year.

AB 1397 (2017) requires that cities zone appropriately for their share of the regional housing need, and zoning for all types of housing – including multi-family housing - is required. The new law requires strong justification when non-vacant sites are zoned to meet the housing need, especially for lower-income housing. In Cotati, this means that most of the housing sites listed in the current 5th Cycle Housing Element may not be used in the 2023 Housing Element Update without a market analysis demonstrating that the site(s) remains a suitable candidate for a housing project.

SB 166 (2017), the new “No Net Loss” law, requires that a City replace any site that was zoned and listed in inventory for low-income housing if it develops with anything else, unless the City can make findings that enough additional sites that are adequately zoned remain to allow the City to continue to accommodate its remaining housing need (RHNA), by income category (See Policy Issue #3). The intent is to ensure that jurisdictions have adequate sites with appropriate zoning to accommodate their share of the regional housing need throughout the Housing Element period. As noted above, AB 72 provides that HCD and the state Attorney General can intercede if a jurisdiction fails to uphold the “No Net Loss” provisions.

AB 686 (2018), also known as the anti-discrimination or “Affirmatively Furthering Fair Housing” (AFFH) law, requires specific analysis around patterns of socio-economic concentration within the City and the larger region. This new law requires Cotati to examine past and current zoning, land use, funding, and other practices. New programs may be needed to ensure compliance.

SB 330 (2019) amends the Housing Accountability Act to prohibit local jurisdictions from enacting new laws that would have the effect of reducing the legal limit on new housing within their borders or delay new housing via administrative or other regulatory barriers.

SB 9 and SB 10 (2021) do not directly affect Housing Element law or RHNA allocations, but they may be considered when making development capacity assumptions or when exploring policy approaches to encourage housing development to meet the City’s needs. SB 9 builds on existing accessory dwelling unit (ADU) law by allowing duplexes and lot splits on most singlefamily parcels in California, and SB 10 is an opt-in provision to allow low-density multiplexes with streamlined rezoning and flexible parameters tailored to local needs.

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) In additional to the above, Government Code Section 65583(c) requires that the Housing Element include a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element. Significantly, if the City’s housing inventory “does not identify adequate sites to accommodate the [RHNA] need for groups of all household income levels ..., the program shall identify sites that can be developed for housing within the planning period.” Those sites must typically be identified and rezoned to allow housing by-right at default densities within 3 years from the beginning of the Housing Element period. However, AB 215 (2021) now shortens that rezoning period from three years to one year for any jurisdiction that does not have a certified Housing Element by the statutory deadline.

State’s Expectations and Requirements:

The California HCD publishes materials and provides technical assistance aimed at assisting California jurisdictions in updating their Housing Elements to comply with complex state laws and to obtain HCD certification. Thoughtful solutions will be needed to address the following HCD expectations and requirements:
• Regardless of RHNA allocations, all local governments must include zoning for a variety of housing types, including multifamily, transitional, supportive, workforce, and farmworker housing; SROs (Single Room Occupancy); homeless shelters, including Low Barrier Navigation Centers; and mobile homes. Even if the City was able to demonstrate meeting their full RHNA by depending on ADUs and housing projects already in the pipeline, the above housing types must still be allowed under state law. • The City will need to demonstrate appropriate zoning to accommodate their allocation of regional housing need for lower income households. Statute provides a default minimum density of 20 units per acre. If the City plans to accommodate their RHNA for lowincome households on sites that allow less than 20 units per acre, an analysis is required based on statutory factors that include consideration of market conditions and the City’s experience in developing affordable housing at lower densities. • Regardless of how the City accommodated its RHNA, HCD will require programs to remove zoning barriers and increase housing choices so that housing units are not out of reach to less affluent community members. Even though the City does not include areas designated as high opportunity, AB 686 requires HCD to look at how the sites zoned at high enough densities for low-income housing are integrated throughout the community. • The City may be able to demonstrate adequate sites through a combination of methods without the need to rezone specific sites within the limited period noted above (see Policy Issue #1).

Housing Constraints Analysis:

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) State statute requires specific constraints to be addressed within a Housing Element.

Governmental constraints include land use and density limitations, General Plan policies and growth control programs, development fees, and local approval requirements such as for use permits and design review. Non-governmental constraints include land prices, construction costs, community opposition and the availability of vacant developable parcels. The constraints identification and analysis for Cotati is ongoing with the input of developers and community members.

Potential Governmental Constraints:
•Land use controls, including density limits and zoning •Building codes and their enforcement
•Site improvement requirements
•Fees and other exactions
•Local processing and permit procedures
•Housing for persons with disabilities
•Transitional housing & supportive housing as a residential use of property Potential Non-governmental Constraints:
•Availability of financing
•Availability and price of land
•Cost of construction
•Community opposition
Local Housing Issues and Housing Needs
One of the many requirements for the Housing Element Update is the collection of data to help determine housing needs. This includes such things as how many residents are overpaying for their housing; overcrowded units; the costs of developing housing; and demographic information and trends. The bulk of the required housing and demographic data has been provided by ABAG and is contained in Attachment 1. The Housing Element must be more than just a set of policies and a list of sites for review and approval by the HCD. The Housing Element needs to contain policies and programs that will benefit and meet the needs of current and future Cotati residents. Those needs are being identified by the 4LEAF team and the community, and programs will be tailored to address them. The most important

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) method of determining housing issues and needs is to ask residents. A survey has been issued in English and Spanish asking residents about Cotati’s housing issues and housing needs; preliminary survey results are provided as Attachment 2 and are summarized below.

Public Outreach to Date:

Housing issues affect the entire community and can be confusing and contentious. California requirements about what Housing Elements must do and allow, can seem at odds with longstanding community values and identity. The public participation requirement of Housing Element law presents an opportunity to engage constituents in defining housing issues and creating solutions that both meet the needs of the community and the requirements of state law.

Restrictions on indoor gatherings due to the pandemic have necessitated virtual community outreach and engagement. While in some cases this has made it possible for more people to be engaged in the process, a digital divide may exist in cases where households lack internet connections or may be unable to attend virtual meetings due to work obligations. To ensure that community outreach during the pandemic has been as equitable as possible, the outreach program included participation opportunities via cell phone, at public events and at the convenience of the residents. Cotati’s Housing Element Update has included the following public outreach efforts to date:

Housing Element Update Webpage provides status updates, introductory information to the Housing Element Update process, access to meeting agendas and materials, a dedicated email to provide comments about the Housing Element Update, a housing interest list sign up, and community opinion surveys in Spanish and English:

Figure 1: Screenshot of Cotati’s Housing Element Update Webpage (http://www.cotaticity.org/City_Hall/Departments/Community_Development/Housing/2023_H ousing_Element_Update)

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) Napa-Sonoma Collaborative Housing Element Update Webpage “Let’s Talk Housing” provides more generalized information regarding the Housing Element Update process itself, and is funded by a grant from ABAG/MTC supporting collaboration efforts between all of the communities in Napa and Sonoma Counties. Links to each individual communities housing element update pages are available frm this site.

Figure 2: Screenshot of the Napa Sonoma Collaborative Let’s Talk Housing Webpage ( https://nsc-housing.org/)

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) Community Events:
• October 24, 2019, Cotati City staff held a Housing Workshop to present an overview of State legislation affecting the upcoming 6th Cycle Housing Element Cycle. Among other things, this presentation included the changes to the RHNA process affected by AB 1771 and SB 828; the likely changes to the RHNA Distribution Methodology; and the upcoming Housing Methodology Committee (HMC) process managed by ABAG/MTC.

Following up on this workshop, city staff initiated the first community engagement effort to support the 6th Cycle Housing Element Update, the Community Housing Survey and over 100 responses were received.
• In December 2020 thru February 2021, City staff gathered community input regarding the design of housing within Cotati through the Multi-Family Visual Preference Survey.

Over 75 individual responses to this survey were received with the input informing the Multi-Family Objective Design Standards, which were adopted by the City Council in September 2021.
• November 10, 2020, City staff presented the outcome of the HMC process, providing a summary of the findings and direction of the HMC including the significant increase in the projected 6th Cycle RHNA, the likely use of the Plan Bay Area (2050) as the baseline data source and the significant changes to the Housing Element Update process. • Kick-off presentation at a joint Planning Commission/City Council meeting was held via Zoom on October 12, 2021, covering the Housing Element update process, new laws, opportunities for engagement, and local housing demographics. This meeting also included an opportunity for members of the public to speak.

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) • October 31, 2021, City staff tabled at the Cotati Candy Land Trick or Treat Halloween Carnival, providing residents and visitors with an overview of the Housing Element process, the community survey and had a zoning map on display for booth visitors to identify sites suitable for housing development.
• December 4, 2021, Civic Edge Consultants tabled to provide information and solicit survey responses at the Cotati Chamber of Commerce annual “Shop and Stroll” holiday event in downtown Cotati.
• Community stakeholder group interview on February 2, 2022 and continuing stakeholder interviews with community-based organizations and housing developers. • Presentation to the Planning Commission on February 22, 2022 via Zoom to discuss preliminary sites and policy strategies. This meeting also includes an opportunity for members of the public to identify priority areas for the upcoming Draft Housing Strategy. • Future Public Town Hall event in Spring 2022 to further engage residents in the Housing Element Update process, with an interest in discussing equity, residents’ individual housing needs & concerns, and diligent, targeted outreach to equitably reach renters and students.

Community Opinion Survey and Preliminary Results:

Surveys were made available in English and Spanish and could be completed on paper or on cell phones, computers, or other internet-accessing devices. Surveys were promoted on the City webpage, email distribution lists, through social media, and on flyers posted throughout the community, including in coffee shops, laundromats, and community centers. The first community opinion survey on housing issues and opportunities generated 126 responses; aggregated results can be viewed in Attachment 2 of this report. The surveys were designed to elicit residents’ opinions about housing needs and opportunities, both now and in the future, as well as their ideas about new housing types that might help to meet identified needs.

The preliminary survey results demonstrate that residents have given housing issues much thought and have innovative ideas for meeting housing needs. Generally, survey respondents identified housing costs, both for renting and purchasing, as a top concern, along with housing affordable to people that work in the City and accessible homes for the aging population. When asked what types of new housing would be most successful in Cotati, “missing middle” housing such as smaller single-family homes, townhomes, and duplexes received the most support from respondents, followed by downtown apartments and accessory dwelling units (ADUs). When asked to provide their thoughts on housing opportunities in the community, respondents had a variety of opinions on different strategies. Responses included sentiments of support for the community’s walkability, bikeability, uniqueness, and compact urban design.

Respondents expressed support for increased density, student housing, senior housing, and

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) affordable housing options. Responses also included concerns about dense development and sprawl. Preliminary survey results are provided as Attachment 2.

Discussion of Policy Options:

The primary task to be addressed by this Housing Element will be the need to meet the statutory requirements of the CA Government Code. In addition to fulfilling mandates, Cotati has unique community needs and interests that can be addressed by its Housing Element.

Some preliminary options for the Council and Commission to consider are outlined below; input is sought on the most favorable options to be pursued within the 2023 6th Cycle Housing Element. Additional policy ideas, solutions, and input from members of the public and from the Council and Commission are welcomed and encouraged.

ISSUE #1: ADEQUATE SITES APPROACHES & REZONING OPTIONS
As noted above, if the City does not have sufficient sites zoned at adequate densities to accommodate its RHNA, it must include a program within its Housing Element rezone sites to meet that need within three years of the Housing Element due date (by January 31, 2026), or within one year (by January 31, 2024) if the City does not adopt and certify on time. Strong penalties would be incurred if the City failed to accomplish the required rezones in a timely manner, up to and including the loss of land use authority.

Conversely, if the City can demonstrate that it already has adequate sites that meet AB 1397 criteria and are appropriately zoned to meet the City's RHNA, it does not need to include a required rezoning program in its Housing Element. It could, if desired, include an optional program or programs to consider rezoning to provide additional opportunities for housing; this type of supplemental program would not trigger the three-year rule. Rezoning may also be pursued throughout the 6th Cycle planning period without necessitating additional review of the Housing Element.

A preliminary analysis has been conducted of the sites available for housing (Table 1, below).

Once the housing projects in the City’s approval pipeline and the “safe harbor” ADU assumptions have been factored in, the City may have adequate sites to meet its regional housing need for most income categories. This analysis is preliminary, however, and proof of adequate sites under AB 1397 will be required prior to the inventory being approved by HCD.

As well, the City must ensure that it has adequate sites available for its RHNA throughout the Housing Element period, either by having significantly more sites in inventory than are needed, or by including a program to add appropriately zoned sites to the inventory as they are needed during the Housing Element period (see Issue #3).

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) Table 1: Preliminary Summary of RHNA Surplus
ELI VLI LI MI AMI Total
RHNA Allocation 30 30 34 39 101 234
RHNA
Credits
Pipeline 0 30 8 15 337 390
ADUs/JADUs 3 4 7 7 3 24
Preservation of Affordability 7 7 8 6 0 28
Remaining RHNA After Credits 20 -11 11 11 -239 -208
RHNA
Sites
Sites from 5th Cycle Housing
Element 0 10 25 67 205 307
Additional Potential Housing
Sites
0 0 21 35 110 166
Santero Way Specific Plan 0 5 5 5 83 98
TOTAL UNITS 10 56 74 135 738 1013
RHNA SURPLUS/SHORTFALL -20 26 40 96 637 779
% OF RHNA MET 149% 346% 731% 433%
ELI = Extremely Low Income; VLI = Very Low Income; LI= Low Income; MI = Moderate Income; AMI = Above Moderate Income
Policy Option A: Avoid rezoning sites. This option would make full use of other Housing Element programs to avoid any required rezoning of housing sites and the potential penalties that would apply if not accomplished on time.

Policy Option B: Rezone only after adequate inventory. This option would not completely avoid rezoning and might consider it in the future under some circumstances but only after an adequate inventory can be demonstrated without the need for a required rezoning program to meet RHNA.

Recommendation: Policy Option A. This option would allow for programs to consider targeted rezoning to be included in the Housing Element but would not count on the rezoning of any sites to demonstrate an adequate inventory and achieve a certified Housing Element.

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) The risks associated with a failure to rezone sites by the statutory deadline are too great to consider rezoning sites unless necessary to achieve an adequate inventory.

ISSUE #2: ACCESSORY DWELLING UNIT APPROACHES
As noted in the Introduction section above, the City can take credit for non-restricted units such as Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs) consistent with HCD’s income categories under “safe harbor” affordability assumptions, which are reflected in Table 1 above. The safe harbor for the number of ADUs assumed for the upcoming planning period is the average of ADUs permitted over the years 2018-2021; in Cotati’s case that average is 3 ADUs per year. If the City uses this safe harbor assumption, this portion of their inventory will be accepted by HCD. No Net Loss reporting rules will apply (See Issue #3, below).

If the City determines that a larger number of ADUs will assist it in reaching its housing goals, including the provision of units for special needs and smaller households, it may wish to adopt additional programs to incentivize, and support ADUs. If this is the case, then higher numbers of ADUs than the "safe harbor” assumptions may be justified. This may be an appropriate approach for Cotati with programs to incentivize production. The Community survey results indicate that the community believes that ADUs are a housing type that will work well for Cotati, and census data indicate that ADUs would provide a good match for aging households, smaller households, and special needs households where family or caretakers can remain close by. As well, the provision of ADUs throughout the City can help to meet AFFH (Affirmatively Furthering Fair Housing) objectives because it integrates affordable rental housing units into higher-resource single family neighborhoods.

Another option to provide for a portion of the very-low income RHNA within single-family neighborhoods would be JADU’s. This can help meet the specific housing needs of Cotati’s smaller households, students, and low-income seniors while creating opportunities for renters or caretakers to live on-site.

A new CalHFA grant program for ADUs is available to lower-income borrowers and this information could be provided as a potential program option. Furthermore, local programs facilitated by the Napa Sonoma ADU Center and financing options for prefabricated homes with Homes for Sonoma are available for programmatic considerations.

Option A: Increase ADU Assumptions. This policy option would make maximum use of the allowances for ADUs and JADUs by adopting new programs to facilitate and encourage the construction of ADUs and JADUs, and project a larger number of units to be constructed over the planning period than the safe harbor assumptions.

Option B: Use HCD “safe harbor” ADU assumptions. This policy option would not commit to adopting additional programs to facilitate and encourage additional ADUs, but instead would use the HCD safe harbor assumptions of 3 ADUs/JADUs per year (24 total units over the planning period).

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) Recommendation: Option A. Increase ADU assumptions beyond the safe harbor allowances, but only to the extent that new policies and programs are included to facilitate their construction.

ADUs meet many identified community needs and are easily integrated within Cotati’s housing stock due to enabling state legislation. Care will need to be taken to not project construction numbers and affordability levels too high such that replacement sites are needed under the No Net Loss provisions; see Issue #3 below. ADU’s under state law are currently approved ministerially, but such a program can promote permit ready ADU’s that are most compatible with Cotati’s neighborhoods.

ISSUE #3: NO NET LOSS APPROACHES
As noted in the new laws section above, the new “No Net Loss” laws will impact the sites used in Housing Element sites inventories, including assumed affordability levels and development assumptions. The intent of the legislation is to ensure all jurisdictions maintain an adequate supply of appropriately zoned land to accommodate their remaining RHNA for the entire 8-year Housing Element period. There are several components to this new law: First, a jurisdiction may not approve a project at a density or level of affordability lower than that listed in the Housing Element inventory unless it can make findings that adequate sites remain available to accommodate the remaining RHNA. Second, if a jurisdiction approves a project at a density or affordability level less than the level the site was listed for and it does not have enough other sites with appropriate zoning to accommodate the remaining RHNA, it must identify and rezone adequate sites within 6 months – a timeframe that is infeasible. Third, the inventory is expected to be dynamic and to reflect all changes and adjustments made throughout the Housing Element period. These adjustments would be made during the state mandated Annual Planning Report (APR). AB 72 allows referrals to the Attorney General for violations of the No Net Loss laws.

Jurisdictions must not run afoul of this law and plan for inventory changes throughout the Housing Element period.

Policy Option A: Zone an excess of sites to accommodate future development. This is an approach taken by many jurisdictions, with a sites “buffer” of at least 30 percent recommended.

Under this option, the City would need to ensure that there are adequate sites for at least 130% of RHNA for each income category. Preliminary projections for the 6th Cycle indicate that the City will meet and exceed this threshold.

Policy Option B: Decrease development capacity assumptions and assumed affordability levels for all sites listed in inventory. While the City is “allowed” to count any residentially zoned site that allows at least 20 units per acre as being able to accommodate 100% affordable housing, that may not be the best approach because it is difficult to predict the exact affordability levels that future projects will achieve. Likewise, the City must apply reasonable development capacity assumptions to the site, and not simply assume that 100% of the site will be developed.

Most jurisdictions use a conservative figure between 70 and 75 percent of capacity will be achieved; analysis of past development patterns in Cotati indicates that an 80% development capacity assumption is appropriate.

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) Policy Option C: Administrative “B” List of sites to be added as needed. This policy option has recently been used in Southern California Housing Elements prepared by 4LEAF, Inc. and accepted by HCD. This option treats the sites inventory as truly dynamic, and revisits it each year during the APR when, if necessary, additional sites that are appropriately zoned for housing can be added to the inventory list so that adequate sites are always assured. For this option, the City would maintain an administrative “B” list of sites that are appropriately zoned for housing but that were not the City’s first choice of sites to be listed in inventory. It is like Policy Option A in that the City still needs to have enough sites zoned to accommodate more than its RHNA, but it is not required to list those sites in inventory unless and until they are needed because a listed site developed at a lower capacity or affordability level. Under this option, a program would be included in the Housing Element to maintain an administrative list of qualified sites that could be added as needed during the APR at the beginning of each year. If the program is included in a certified Housing Element, then the revised inventory would not trigger a new HCD review of the Housing Element.

Recommendation: Options B and C. Development capacity assumptions should reflect the actual densities achieved for similar projects in the City. Likewise, assumed affordability levels should reflect the actual distribution of income groups across recent development projects. If development capacity and affordability assumptions are realistic and the City has additional sites beyond those needed to show an adequate inventory, then the ability to add sites to the inventory on an as-needed basis reduces the risk of falling into a net loss.

ISSUE #4: CONSIDERATION OF POTENTIAL NEW PROGRAMS
The 2023 Housing Element is an update of the existing Housing Element, and will retain most existing goals, policies, and programs. Programs that have been completed will be removed, and those that were not successfully implemented in the existing Housing Element will also be reviewed and either eliminated or revised and continued. New policies and programs will be added where needed to address new legislative requirements, to address housing needs and trends, and to affirmatively further fair housing.

Several new program concepts are offered below for discussion. Each concept would address an identified need or community preference, and most would incentivize diverse types of housing development within the City. The Council & Commission should consider new programs to facilitate housing development and increase the potential to demonstrate adequate sites. This workshop is an opportunity for the City to identify which policies are favorable to pursue in the upcoming Draft Housing Strategy; this is not an exhaustive list, but the beginning of a dialogue where the Council & Commission can provide feedback on these potential programs, as well as any other potential programs.

Housing on Church and School Sites. Churches and schools have traditionally been located within residential zones and are a part of the neighborhood fabric. Additional opportunities for housing types that would meet Cotati’s specific housing needs may exist on underutilized church and school sites. Existing uses on these sites could remain, with residential units added within underutilized areas. Any such development would be at the discretion and desire of the property

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) owner. The allowance for the addition of housing on these sites could be made through a zoning text amendment, or through placement of the Workforce Housing Overlay discussed below. A zoning text amendment could open most or all church and school sites to residential uses; use of the overlay (below) would allow specific sites to be designated by the City Council.

Workforce Housing Overlay. This is a market-driven approach that gives the City control over where workforce housing can be allowed through a legislative process (City Council review).

The Workforce Housing Overlay Zone, once applied to a commercial or light industrial parcel, would allow any of the uses allowed by the underlying zoning, or multi- family housing (rental or ownership) at a density of 20 units per acre, or both. To qualify under HCD rules, the housing can only be subject to the same review process as the commercial and light industrial uses allowed by the underlying zoning. To use this option, the City would adopt a new Workforce Housing (W-H) Overlay Zone into the Zoning Code concurrent with the Housing Element adoption. The Housing Element would then include a program to add the W-H Overlay Zone to selected sites, either by an interested property owner or through the City’s rezoning action. The benefits of this approach are that it does not take away any allowed uses in the underlying zones; it provides greater flexibility in achieving mixed-use development by potentially expanding the locations where such development may be constructed; it is market-based so that property owners can choose the development type; it allows housing to be added to underutilized commercial sites, either vertically or horizontally; it allows business owners to live on-site or to provide housing for their employees on-site; and it allows the City to determine the specific sites that are suitable. The negatives are the cost of implementation, and the higher possibility that the “No Net Loss” law would come into play because of the different options for development.

City Density Bonus Program. California requires that a density bonus be granted to projects that provide a certain amount of their units as affordable. AB 2345 (2020) allows up to a 50% density bonus for eligible projects, and the exact percentage of affordable units required varies depending on the income level and whether the affordable units are rented or sold. A City density bonus program would meet this state requirement but go beyond it for projects that meet some of the City’s specified needs and to encourage development in existing Priority Development Areas. For example, a greater density bonus might be provided in exchange for more affordable units, a deeper level of affordability, the provision of some units as fully accessible or universally designed, the provision of childcare or eldercare on-site, or other identified city-specific needs. This type of program can incentivize development by providing a greater density bonus when certain criteria beyond the state’s requirements are met.

Incentivizing Smaller Units that are Affordable “By Design.” The Cotati City Council & Planning Commission approved the Cottage Housing Ordinance in 2021 to facilitate production of smaller housing units. The final adopted ordinance requires City Council approval of the projects’ “Housing Development Plan” for such projects and is primarily focused on detached housing types. Two potential programs are detailed below to further incentivize the production of smaller units through 1) calculating impact fees with Density Unit Equivalents, and 2) allowing missing middle housing with a locally tailored SB 10 ordinance. If there is Council interest, further programs could be incorporated to incentivize the development of co-housing, dormitory

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) style homes, or communal housing units utilizing this “affordable by design” approach, specifically in existing Priority Development Areas where development can meet several community goals simultaneously and is more compatible with the surrounding land uses.

Density designations are calculated by the number of dwelling units allowed per acre. The traditional acreage-based density is the same regardless of the size of the unit—i.e., a project is allowed the same number of units per acre whether made up of studio apartments or fourbedroom apartments. This traditional framework incentivizes larger units because they count toward density allowances in the same manner as smaller units but are more profitable.

The concept of “density unit equivalents” would allow small units (studios, one- and twobedroom units under a certain size) to count as a fraction of a unit, and larger units (four+ bedroom units over a certain size) to count as more than one unit. This would encourage the development of more, smaller units, and discourage large units. For example, the provision of three micro-apartments could be considered equal to the provision of one three-bedroom unit in terms of the assigned unit density (see Table 2: Proposed Density Unit Equivalent, below).

Similarly, three 400 SF cottages or micro-units would be considered “equivalent” to a traditional 3-bedroom single family home.

Table 2: Example Density Unit Equivalents
Density Units
Micro-apartment or studio (<500
sf)

0.33 density unit
One bedroom (<750 sf) 0.50 density unit
Two bedrooms (<1,000 sf) 0.75 density unit
Three bedroom 1.00 density unit
Four or more bedrooms (>2,000
sf)

1.50 density units
A density bonus, if requested, would be applied to the mapped General Plan density.

Using the density unit equivalent concept, property owners or developers would be able to provide the number of density units in any combination. For example, consider a one-acre parcel with a mapped density of 10 units per acre. To meet the 10-unit count, a multifamily project could consist of 10 three-bedroom units, 15 one-bedroom units, or 30 micro-apartments. For a one-acre parcel with a mapped density of 5 units per acre, a single family development project could provide 5 three-bedroom units, or 10 one-bedroom cottages, or 15 efficiency units or tiny homes of less than 500 square feet. A combination of unit sizes can also be accommodated under this concept. The Council & Commission should note that unless development impact fees are also reduced to reflect the smaller unit sizes, the per-unit costs may remain too large to incentivize the construction of smaller, more affordable units.

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) State legislation facilitating greater production of smaller units in smaller developments is now available. SB 10 (2021) was passed to facilitate residential-scale density of missing middle housing such as townhomes and low-rise multiplexes in existing residential zones. The bill allows a jurisdiction to streamline for developments of up to 10 units. Where such a decision could have previously jeopardized Housing Element certification timelines with costly and lengthy rezoning, the enabling legislation exempts such local ordinances from the California Environmental Quality Act (CEQA). Though the legislation allows rezoning of up to 10 units, lower unit counts can be adopted. The ordinance can be tailored to a variety of local needs, including eligible parcels or zones and development/design standards such as height, setbacks, and parking requirements. This program is an opportunity for the City to expand upon the Cottage Housing Ordinance by opting into an existing state program while retaining local control with a tailored ordinance that addresses Cotati’s unique housing needs and opportunities.

Summary:

The preliminary sites analysis indicates that Cotati’s can likely demonstrate adequate sites under existing zoning (density allowances) to meet the RHNA allocation. However, in order to meet statutory requirements of the State and HCD and the results of the housing needs assessment currently being conducted, it is anticipated that the City will likely need to adopt several programs to target these individual requirements. A program to rezone sites for inclusion in the sites inventory is not recommended because of the state requirements and potential penalties if the rezoning is not accomplished by the deadline. Rather, the Council & Commission should consider and provide direction on pursuing the following programs that would assist the City in meeting its identified housing needs without triggering the more restrictive rezoning obligations:
• Make full use of the allowance for ADUs at the affordability levels predetermined by the Association of Bay Area Governments and pre-certified by HCD, and facilitate more ADU/JADUs than the 3 per year safe harbor along with the adoption of programs to encourage and facilitate them; • Consider amending the Zoning Code to allow residential uses in conjunction with church (and possibly school) uses;
• Consider adopting a Workforce Housing Overlay Zone that allows attached housing developments with the same review process as development in the base zone;
• Consider creating a City density bonus program that goes beyond the state program where it can also further other specified City goals, particularly in Priority Development Areas;
• Consider a program for workforce housing to purchase existing multi-family, or new development in Priority Development Areas using joint powers authority

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) financing tools (or other financing tools to facilitate such development available in state law);
• Consider creating a program to waive, set to zero, or pay down certain impact fees for very low-income affordable housing units;
• Consider incentivizing smaller units of all types that are “affordable by design” using dwelling unit equivalents, particularly in Priority Development Areas where this can simultaneously meet several City goals;
• Consider incentivizing affordable and/or missing middle housing with enhanced streamlining provisions and prioritizing the review of such projects over typical market rate development;
City Council & Planning Commission discussion and public input on the City’s different options is requested. This input will then be used to formalize the City’s draft Housing Element strategy, programs and policies.

Next Steps:

Following this public workshop with consideration of comments received thus far, 4LEAF will work with City staff to prepare a Draft Housing Strategy to be presented at the City Council public workshop in Spring 2022. The Draft Housing Strategy will consist of the housing goals, policies, and programs to be included in the 6th Cycle Housing Element. It will be informed by state law, the public input received to date, and direction provided by the City Council & Planning Commission. Public input on the preferred options will be important in understanding the community’s desires and goals.
• Draft Housing Strategy will be prepared for input at City Council workshop. (Target: April 2022)
• An HCD Draft Housing Element, including a Draft Housing Sites Inventory, will be prepared for a 30-day public review and then for a 90-day review by HCD, during which time public comment will also be considered. CEQA review will be completed at this time. (Target: Spring - Fall 2022)
• Following HCD review, a Draft Housing Element incorporating HCD’s requested changes and the CEQA document will be prepared for Planning Commission recommendation and City Council action. (Target: Late 2022) Public input will continue to be accepted at each of these review points. Although certification after only one final review is not guaranteed, Cotati’s HCD-reviewed 6th Cycle Housing Element must be adopted by the City Council no later than January 31, 2023 and certified within 120 days in order to achieve timely certification and for the City to remain in compliance with state housing law.

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion) Public Comment:

Separate from the surveys and input received through the engagement efforts detailed above, no specific public comments have been received pertaining to the information presented, as of the writing of this staff report.

Financial Considerations
The total anticipated cost of the Housing Element Update is $149,289, which is the anticipated total cost for the public engagement, CEQA analysis and the updated housing element itself. As the Council is aware, City staff have been successful in securing multiple grants specifically to cover the cost of State mandated housing efforts. These grants are anticipated to cover approximately $85,000 of the housing element update costs leaving a potential General Fund cost obligation of approximately $64,289. This falls within the $65,000 of General Fund monies allocated in FY21/22 for the Housing Element Update, therefore no additional budget requests are anticipated.

Environmental Issues
This action is an informational presentation only and as such, is not a project under the California Environmental Quality Act. The completed draft housing element will be analyzed under the requirements of the CEQA and a formal determination will be made prior to any decision actions on the proposed project.

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Attachment: Feb 22, 2022 PC-CC Staff Report (Housing Element Programs and Policies-Discussion)