Agenda packet — Cotati City Council, October 11, 2022 (part 1 of 2)

AGENDA

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY Tuesday October 11, 2022
6:00 PM REGULAR MEETING
Pursuant to AB 361 (2021), Teleconference Restrictions of the Brown Act Have Been Suspended, as Well as the Requirement to Provide a Physical Location for Members of the Public to Participate in the Meeting.

Cotati City Council and Planning Commission Meetings will be conducted virtually through Zoom Online video conferencing, and will still be available to watch or listen 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: 867 9986 8216
Passcode: 796477
If you do not have the ability to join online, but would like to participate in the meeting, you can call into the meeting using your telephone, by dialing one of the following numbers and entering the meeting credentials:
+1 (669) 900-6833 or +1 (346) 248-7799 or +1 (253) 215-8782 or +1 (301) 715-8592 or +1 (312) 626-6799 or +1 (929) 436-2866
Attendees may join the meeting any time after 5:45pm. 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 October 11, 2022

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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.

Closed Captioning/Live Transcription: This meeting will be transcribed live via the Zoom platform. Zoom attendees running Zoom version 5.0.2 or higher will be able to see the transcription at the bottom of their personal Zoom screen.

Learn more at https://support.zoom.us by searching “closed captions.” 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. ROLL CALL

3. PLEDGE OF ALLEGIANCE

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

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED

UNDER THIS AGENDA (ACTION)
A. COTATI CITY COUNCIL - REGULAR MEETING - SEP 27, 2022 6:00 PM

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

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

Cotati City Council Agenda October 11, 2022

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

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

6. PRESENTATIONS
A. REVIEW OF DRAFT CITY WEBSITE
It is recommended that the City Council review the draft City website and provide comments, if any, to staff.

7. APPROVAL OF FINAL AGENDA (ACTION)

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

The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested.

9. CONSENT CALENDAR (ACTION)
A. ADOPTION OF AN ORDINANCE TO APPROVE A MILITARY

EQUIPMENT USE POLICY
It is recommended that the City Council adopt an Ordinance for a Military Equipment Use Policy in accordance with AB 481.

B. 2022 HOLIDAY SCHEDULE FOR CITY HALL AND CITY COUNCIL

MEETINGS
It is recommended that the City Council adopt a motion to approve the holiday closure schedule for City Hall during the period of Monday December 19, 2022 through Monday January 2, 2023.

C. AGREEMENT BETWEEN THE CITY OF COTATI AND THE COUNTY OF

SONOMA FOR ELECTION SERVICES
Cotati City Council Agenda October 11, 2022

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It is recommended that the City Council adopt a resolution approving an agreement between the City of Cotati and the County of Sonoma for election services and authorize the Mayor to sign the agreement.

10. DIRECTION ON FUTURE AGENDA ITEMS

11. PUBLIC HEARINGS
A. INTRODUCTION AND FIRST READING OF AN ORDINANCE

AMENDING THE ZONING CODE TO FACILITATE LOCAL FOOD

PRODUCTION AND URBAN AGRICULTURE IN COTATI, AND

CHANGING THE ZONING OF THE VERONDA-FALLETTI RANCH
PROPERTY (175 W. SIERRA AVENUE) FROM NEIGHBORHOOD, LOW
DENSITY (NL), TO OPEN SPACE, RECREATION (OSR).

It is recommended by the Planning Commission and the Community Development Department that the City Council introduce an ordinance amending the Zoning Code to facilitate local food production and urban agriculture in Cotati, and changing the zoning of the Veronda-Falletti Ranch property (175 W. Sierra Avenue) from Neighborhood, Low Density (NL), to Open Space, Recreation (OSR).

B. INTRODUCTION OF AN ORDINANCE TO AMEND THE CITY'S LAND USE CODE TO CREATE A WOONERF DESIGN STANDARD FOR MULTIFAMILY, MIXED-USE, AND OTHER PRIVATE DEVELOPMENTS,

CITYWIDE
It is recommended by the Community Development Department and the Planning Commission of the City of Cotati that the City Council introduce an Ordinance that would allow for the development and regulation of Woonerfs (multi-use/multi-modal zones) as part of certain new private development projects.

12. REGULAR AGENDA (ACTION)
A. PUBLIC CONSIDERATION OF THE DRAFT 6TH CYCLE HOUSING
ELEMENT DURING THE 30-DAY PUBLIC REVIEW PERIOD
It is recommended that the City Council notify the public that the 2023 draft Housing Element is available for a 30-day public review and comment period from September 27, 2022, through October 27, 2022.

B. COVID-19 UPDATE
It is recommended that the City Council review current COVID health orders, adopt a motion directing staff to align city COVID policies with state and local health orders, and discuss timing to resume in-person public meetings.

13. CITY MANAGER'S REPORT

14. CITY COUNCIL MEMBER REPORTS
Cotati City Council Agenda October 11, 2022

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15. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

16. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
A. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
Information or written comments pertaining to this meeting, and which was received after the agenda was posted, is attached below.

17. ADJOURNMENT
Certification of Posting of the Notice: I declare under penalty of perjury that I am employed by the City of Cotati and that I posted this notice on the City's website, bulletin boards of City Hall, Veterans' Memorial Building and the SMART Train Depot, on or before October 7, 2022.
/s/ Kevin Patterson, Deputy City Clerk

MINUTES

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY Tuesday September 27, 2022
6:00 PM REGULAR MEETING

1. CALL TO ORDER
Mayor Landman called the meeting to order at 6:00pm.

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

3. PLEDGE OF ALLEGIANCE

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

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED

UNDER THIS AGENDA (ACTION)
A. COTATI CITY COUNCIL - REGULAR MEETING - SEP 13, 2022 6:00 PM RESULT: ACCEPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Ben Ford, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore

5. ANNOUNCEMENTS

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Minutes Acceptance: Minutes of Sep 27, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes September 27, 2022

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

6. APPROVAL OF FINAL AGENDA (ACTION)
City Manager Damien O'Bid recommended to move the Public Hearing to after the Regular agenda. Mayor Landman and Council agreed to the move.

No public comment.

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

8. CONSENT CALENDAR (ACTION)
Councilmember Ford requested to pull Item 8A. Mayor Landman moved the item to the regular agenda.

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Minutes Acceptance: Minutes of Sep 27, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes September 27, 2022

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RESULT: ADOPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Laura Sparks, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore
B. ADOPTION OF A RESOLUTION TO CONTINUE CONDUCTING

COUNCIL, COMMISSION, AND COMMITTEE MEETINGS REMOTELY

DUE TO HEALTH AND SAFETY CONCERNS FOR THE PUBLIC
C. ADOPTION OF AN AMENDED CITY WIDE SALARY SCHEDULE FOR FISCAL YEAR 2022/23

9. DIRECTION ON FUTURE AGENDA ITEMS
Councilmember Sparks requests that the discussions for Council/Commission appointments for 2023 be held on two consecutive meetings in January 2023, and for a team building exercise with the new Councilmembers to be held in January/February 2023 (prior to strategic planning).

11. REGULAR AGENDA (ACTION)

8.A. ADOPTION OF AN ORDINANCE TO APPROVE A MILITARY

EQUIPMENT USE POLICY
RESULT: INTRODUCED [UNANIMOUS]
Next: 10/11/2022 6:00 PM
MOVER: Ben Ford, Councilmember
SECONDER: Susan Harvey, Vice Mayor
AYES: Landman, Harvey, Sparks, Ford, Moore
Council elected to add language to Section 709.6, Coordination With Other Jurisdictions, and re-introduce the ordinance.

No public comment.

A. CONSIDERATION OF A RESOLUTION TO APPROVE A DEFERRAL OF

IMPACT FEES AND GRANTING OF FUNDS FOR AFFORDABLE
HOUSING AND PUBLIC IMPROVEMENTS, AN ASSOCIATED INTERFUND GRANT, AND AFFORDABLE HOUSING AGREEMENT FOR THE

COTATI STATION APARTMENTS PROJECT
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ben Ford, Councilmember
SECONDER: John C. Moore, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore
Presentation by City Manager Damien O'Bid.

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Minutes Acceptance: Minutes of Sep 27, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes September 27, 2022

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Councilmembers comment.

No public comment.

Council elects to add a sunset date to the fee deferral and grant agreement, coinciding with the expiration of entitlements for the project (2 years).

B. PROPOSED CHANGES TO THE SONOMA COUNTY TOURISM BUSINESS

IMPROVEMENT ASSESSMENT
RESULT: ADOPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Laura Sparks, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore
Presentation by City Manager Damien O'Bid
Councilmembers comment.

No public comment.

10. PUBLIC HEARINGS (ACTION)
A. MASTER FEE SCHEDULE UPDATE
RESULT: ADOPTED [UNANIMOUS]
MOVER: John C. Moore, Councilmember
SECONDER: Susan Harvey, Vice Mayor
AYES: Landman, Harvey, Sparks, Ford, Moore
Presentation by City Manager Damien O'Bid.

Councilmembers comment.

Public Comment:

Neil Hancock of Cotati
Council elects to approve the fee schedule as is, and discuss further subsidies for EV charger installation fees and the fees for free events at City parks, at an upcoming City Council meeting prior to the fee schedule implementation date (60 days after adoption).

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

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

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Minutes Acceptance: Minutes of Sep 27, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes September 27, 2022

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

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

16. ADJOURNMENT
Mayor Landman adjourned the meeting at 8:53pm.

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Minutes Acceptance: Minutes of Sep 27, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council
Agenda Staff Report
Item type: PRESENTATIONS
To: City Council
Subject: Review of Draft City Website
Date: October 11, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council review the draft City website and provide comments, if any, to staff.

Background
The City has been working to update the City website and is ready to present the draft website for review and comment.

Analysis/Discussion
Staff is planning to incorporate any final comments and “go live” by mid-October. With the content now migrated to the new website, staff is currently managing the two websites in parallel so that the content remains current in both. Therefore, it is important to incorporate any edits and move to the new website as soon as possible.

Financial Considerations
None.

Environmental Issues

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

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Cotati City Council
Agenda Staff Report
Item type:

To: City Council
Subject: Adoption of an Ordinance to Approve a Military Equipment Use Policy Date: October 11, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt an Ordinance for a Military Equipment Use Policy in accordance with AB 481.

Background
Assembly Bill 481 (AB 481), codified in Government Code Sections 7070 through 7075 requires each law enforcement agency (LEA) to obtain approval from their governing body, via adoption of a military equipment use policy by ordinance, prior to that LEA funding, acquiring, or using military equipment. AB 481 requires each law enforcement agency to begin the process of obtaining such approval, otherwise, the LEA can no longer use the existing equipment. Once a policy is adopted, a LEA cannot procure military equipment that is not in the authorized policy, without first revising the policy, which is done by ordinance following a public hearing. A draft Military Equipment Use Policy was available publicly on the City of Cotati website, police department policy page, on June 20, 2022.

The term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices and flashbangs. The Cotati Police Department (CPD) uses the following equipment that is classified as “miliary equipment” under AB 481:
• Shotguns with bean bag rounds
• Sonoma County Operational Area Command Vehicle (Dodge Cargo Van)

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On July 26, 2022, the City Council opened the public hearing on this item and continued it to August 23, 2022. This item was again continued without discussion at the August 23, 2022 meeting. The item was heard again on September 13, 2022. After lengthy discussion on September 13, the authorized use section of the AB 481 policy was modified to clarify examples of “riotous” behavior before it was introduced. After discussion on September 27, Council elected to add language to section 709.6, Coordination with Other Jurisdictions, and re-introduce the ordinance. The amended policy is attached to the ordinance.

Shotguns with bean bag rounds
CPD is committed to using the most up to date tools and equipment to safeguard the citizens of Cotati. The above item deemed to be “military equipment” by AB 481 is utilized by CPD, and other LEAs across the country, specifically to reduce risk to community members. This less-lethal force option is the only means currently available to our officers to attempt to resolve encounters with a potentially violent person or person with a weapon from the distance of up to 75 (seventy-five) feet. This item provides police officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. The shotguns used to deploy bean bag rounds by CPD have bright orange forestocks and buttstocks indicating to allied agencies that it is a less-lethal shotgun. CPD does not deploy regular shotguns (we have rifles) so there cannot be confusion between lethal vs less-lethal rounds.

To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide CPD officers with vital tools that facilitate compliance with its stringent use of force policy.

Sonoma County Operational Area Command Vehicle
As defined by AB 481, command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units are considered Military Equipment. On behalf of the Sonoma County Operational Area (all cities and the county, within Sonoma County), CPD hosts and operates a 2007 Dodge Command Cargo Van, which was procured through the State Homeland Security Grant Program (SHSGP) in 2006. This van is designated as a Sonoma County Operational Area Command Vehicle. This vehicle is made available for law enforcement purposes to support response (command and control) to active law enforcement deployment including but not limited to planned events, criminal investigations, natural disasters and active threats.

The Command Vehicle currently has one thousand six hundred (1,624) operational miles on the odometer. There are no current plans to replace the Command Vehicle. Images of the vehicle are provided below:

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Analysis/Discussion
CPD seeks approval of a military equipment use policy so that it can continue to make use of the following equipment:
• Shotguns with bean bag rounds
• Sonoma County Operational Area Command Vehicle (Dodge Cargo Van) There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified above are vital to the CPD mission and will continue to be strictly regulated through internal processes and oversight.

The proposed ordinance would approve the CPD Policy 709, “Military Equipment.” Policy 709 outlines each piece of the above military equipment that is currently owned by the City.

The policy also includes the current authorized uses and cost of each item. These particular items, and their stated authorized uses, have been in place prior to the enactment of AB 481.

Any future acquisitions of any item deemed to be “military equipment” will require a further public meeting, policy update, and Council approval.

Policy 709 ensures that there are safeguards, including transparency, oversight, and accountability measures in place. CPD will create an annual military equipment report, which is expected to be provided in conjunction with the Police Chief’s Annual Report to the Community.

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Violations of Policy 709 will be corrected when discovered, in accordance with existing Department policy. All items which are involved in a use of force event will be reviewed, as is already required by existing CPD policy. CPD has not discovered alternative items that can achieve the same objectives of officer and civilian safety.

Draft Policy Updates
Following the public hearing on July 26, 2022, there have been two changes to the proposed AB 481 policy. The first was to ensure clarity on mutual aid responses, with changes indicated in redline/strikeout. The second change was to align the AB 481 policy on authorized uses of bean bag shotguns with existing policy (CPD Policy Manual, Section 308.8) to ensure consistency across these policies, as indicated.

Financial Considerations
Compliance with Policy 709 will require additional staff time, including the duties defined by the Military Equipment Coordinator, and additional administrative time creating the annual Military Equipment Report. The staff time required is unknown at this time, but is expected to be up to 80 person hours per year.

Environmental Issues
The City Council finds the approval of this ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment.

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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING

A POLICY FOR ACQUISITION AND USE OF MILITARY EQUIPMENT, IN ACCORDANCE WITH AB 481
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body prior to taking certain actions relating to the funding, acquisition, solicitation, or use of military equipment; and
WHEREAS, Assembly Bill 481, requires that the approval by the governing body be by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations with respect to a military equipment use policy; and WHEREAS, a draft of the Cotati Police Department Policy 709 “Military Equipment” (Exhibit A) was published on the Cotati Police Department internet website at least 30 days prior to opening the public hearing on July 26, 2022 in accordance with requirements of Government Code section 7071; and
WHEREAS, a draft of the Cotati Police Department Policy 709 “Military Equipment” (Exhibit A) was initially presented to the City Council at a public hearing on July 26, 2022, with introduction of the ordinance continued to August 23, 2022 and again continued to September 13, 2022, at which time it was introduced; and
WHEREAS, the draft policy was re-introduced on September 27, 2022, due to the addition new language in Section 709.6 “Coordination with Other Jurisdictions;” and WHEREAS, the Cotati Police Department Policy 709 “Military Equipment” meets the requirements of California Government Code section 7070, subdivision (d); and WHEREAS, the military equipment identified in the Cotati Police Department Policy 709 “Military Equipment” is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety; and WHEREAS, The Cotati Police Department Policy 709 “Military Equipment” will safeguard the public’s welfare, safety, civil rights, and civil liberties; and Packet Pg. 17
WHEREAS, the military equipment identified in Cotati Police Department Policy 709 “Military Equipment” is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and WHEREAS, no prior military use policy has existed in the City of Cotati that was applicable to the use of military equipment, and the adoption of such policy shall serve to secure future compliance;

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

SECTION 1. Recitals. The above recitals are adopted as findings of the City Council in enacting this ordinance.

SECTION 2. Adoption of Policy. The Cotati Police Department Policy 709 “Military Equipment” (Exhibit A) is hereby approved and adopted.

SECTION 3. Reporting and Publication of Policy. In accordance with Government Code section 7071, the Chief of Police shall cause the Cotati Police Department Policy 709 “Military Equipment” to be made publicly available on the Department’s internet website for as long as military equipment is available for use. The Police Department is directed to make available the reports and conduct the required community engagement meeting required by Government Code section 7072 on an annual basis.

SECTION 4. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption.

SECTION 5. Publication of Ordinance. The City Clerk is directed to cause this ordinance to be published in the manner required by law.

SECTION 6. Environmental Review. The City Council finds the approval of this ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment.

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

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___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk
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Policy
709
Cotati Police Department
Cotati PD Policy Manual
Copyright Lexipol, LLC 2022/09/28, All Rights Reserved.

Published with permission by Cotati Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

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Attachment: Exhibit A: Military Equipment Policy [Revision 1] (AB 481 Military Equipment Ordinance v2) Cotati Police Department
Cotati PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/28, All Rights Reserved.

Published with permission by Cotati Police Department ***DRAFT*** Military Equipment - 2 709.2 POLICY
It is the policy of the Cotati Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Cotati Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
(a) Less Lethal Shotgun: Less Lethal Shotguns are used to deploy the less lethal 12- gauge Defense Technology Drag Stabilized Bean Bag Round. (a) Description, quantity, capabilities and purchase cost (a) REMINGTON MODEL 870 LESS LETHAL SHOTGUN, cost: $750, quantity: 4. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-guage Defense Technology Bean Bag Round up to a maximum effective distance of 75 feet. The rang of the weapon system helps maintain the distance between the officers and a suspect reducing the immediacy of the threat, which is a principle of de-escalation.

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Attachment: Exhibit A: Military Equipment Policy [Revision 1] (AB 481 Military Equipment Ordinance v2) Cotati Police Department
Cotati PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/28, All Rights Reserved.

Published with permission by Cotati Police Department ***DRAFT*** Military Equipment - 3 (b) 12-GAUGE DEFENSE TECHNOLOGY DRAG STABILIZED BEAN BAG ROUND, cost $7, quantity 150. The 12-gauge Defense Technology Drag Stabilized Bean Bag Round is a translucent 12-Guage shell loaded with a 40-Gram tear shaped bag made from cotton and ballistic material blend and filled with #9 shot. This design utilized four stabilizing tails and utilizes smokeless powder as a propellant. This round has a velocity of 270 feet per second (FPS) and a maximum effective range of 75 feet. This round proves most effective within the range of 20 to 50 feet. Accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator.

This round is very accurate, however effectiveness depends on many variables, such as distance, clothing, stature, and the point of impact. (b) Authorized Use – Situations for use of less lethal weapons systems may include, but are not limited to:
(a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
(b) The suspect has made credible threats to harm him/herself or others. (c) The suspect is engaged in riotous behavior such as throwing rocks, bottles or other dangerous projectiles at people and/or officers (d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful order (e) Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents
(f) Circumstances where a tactical advantage can be obtained (g) Potentially vicious animals
(h) Training exercises
(c) Lifespan
(a) Remington 870 Less Lethal Shotgun: 35 years
(b) 12-gauge Defense Technology Drag Stabilized Bean Bag Round: 5 year warranty, but no listed expiration date
(d) Fiscal Impact – Annual Maintenance is approximately $50 per shotgun. (e) Training – Sworn Members of the Cotati Police Department utilizing the 12- Gauge Less Lethal Shotgun and munitions shall be trained in the use of such items by POST Certified Instructors.
(f) Legal and Procedural Rules – Use of the Less Lethal Shotguns and munitions is subject to the Policy 312 (Firearms), Policy 308.8 (Kinetic Energy Projectile Guidelines) and Policy 300 (De-escalation and Use of Force). It is the policy of the Cotati Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force.
(b) Command and Control Vehicles:

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Attachment: Exhibit A: Military Equipment Policy [Revision 1] (AB 481 Military Equipment Ordinance v2) Cotati Police Department
Cotati PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/28, All Rights Reserved.

Published with permission by Cotati Police Department ***DRAFT*** Military Equipment - 4 (a) Description, quantity, capabilities, and purchase cost (a) 2007 DODGE COMMAND CARGO VAN, cost: $76,208.04 obtained through a State Homeland Security Grant Program, quantity: 1. This van is an upfitted emergency response vehicle equipped with emergency lights and a siren. This van is available for other cities in Sonoma County as a designated Sonoma County Operational Area Command Vehicle. (b) Purpose – This vehicle is to be made available for law enforcement purposes in order to support law enforcement response (Command and Control Center) at an incident.
(c) Authorized Use – Situations for use of this vehicle may include, but are not limited to:
(a) Planned Events
(b) Criminal Investigations
(c) Natural Disasters
(d) Active Threats
(d) Training – The Cotati Police Department has a trained member responsible for ensuring the van and all of the equipment inside are operational. There are no additional certifications or driver's license endorsements needed to drive the van.
(e) Lifespan – The van currently has 1,624 operational miles on the odometer and there are no current plans to replace the van.
(f) Fiscal Impact- – Annual Cost of less than $1,000.00 annually to include fuel and maintenance costs.
(g) Legal and Procedural Rules- – Use of the van is subject to the requirements of Policy 704 (Vehicle Maintenance) and Policy 706 (Vehicle Use) 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

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Attachment: Exhibit A: Military Equipment Policy [Revision 1] (AB 481 Military Equipment Ordinance v2) Cotati Police Department
Cotati PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/28, All Rights Reserved.

Published with permission by Cotati Police Department ***DRAFT*** Military Equipment - 5 (c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid. Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.

On occasion, the Department may be required to assist other law enforcement agencies in a formal Law Enforcement Mutual Aid Request ("LEMA") or support with day-to-day operational collaboration (i.e., pursuits, investigative unit assistance, joint law enforcement operations, etc.).

In certain mutual aid or operational collaboration circumstances, it may be necessary for sworn Department members to utilize military equipment in order to fulfill an assigned mission (i.e., civil unrest, SWAT requests, barricaded suspects in a vehicle, etc.). In instances of mutual aid or law enforcement collaboration, the following shall apply:
a) Department members are required to adhere to the Department's Military Equipment Procedure and all policies and procedures outlined within the Department's Policy and Procedures Manual, regardless of operational jurisdiction.
b) Should the Police Department request mutual aid from another law enforcement agency within the City and military equipment is required during the course of the response, the following shall apply:
i. The Department will remain in charge of the overall incident command. ii. The Incident Commander or designee will brief the supervisor from the assisting agency and inform them of the mission, enforcement posture, and any pertinent information related to the incident.
iii. The assisting agency will adhere to their respective policies and procedures, particularly those governing the use of military equipment.

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Attachment: Exhibit A: Military Equipment Policy [Revision 1] (AB 481 Military Equipment Ordinance v2) Cotati Police Department
Cotati PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/09/28, All Rights Reserved.

Published with permission by Cotati Police Department ***DRAFT*** Military Equipment - 6 iv. If the Incident Commander or their designee is informed of or witnesses tactics or use of equipment that are not in the best interest of the City, the Incident Commander may elect to cancel the request for mutual aid or re-assign the assisting agency to a different support mission. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Attachment: Exhibit A: Military Equipment Policy [Revision 1] (AB 481 Military Equipment Ordinance v2) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: 2022 Holiday Schedule for City Hall and City Council Meetings Date: October 11, 2022
Written by: Angela Courter, Director of Administrative Services Recommendation
It is recommended that the City Council adopt a motion to approve the holiday closure schedule for City Hall during the period of Monday December 19, 2022 through Monday January 2, 2023.

Background
The City Council has traditionally adopted a holiday closure for City Hall during the Christmas/New Year holiday season. The last weeks of December are the slowest time of the year for City Hall. City commission and board meetings, if previously scheduled, are cancelled at this time. There are generally no pressing City Council matters needing to be addressed at the second meeting in December and staff is not aware of any public or vendor complaints about previous years’ City Hall closures. The schedule would be posted on the City’s website and signs placed on the City Hall entrance doors.

Analysis/Discussion
The proposed City Hall schedule for the 2022 holiday schedule is similar to previous years and consists of the closure of the City Hall facility from the period of Monday, December 19, 2022, through Monday January 2, 2023. Regular City Hall hours of Monday - Thursday 7:30 a.m. to 12:00 noon and 1:00 p.m. to 5:30 p.m. would resume on Tuesday January 3, 2023.

The holiday closure would be comprised of a total of eight regular workdays and three paid holidays. Employees who are able or chose to take this time off during this period would utilize individual accrued vacation or other leave time. The proposed schedule would not affect the Public Works Department, nor would it affect the Police Department, which will remain open, and employees will continue to work regular schedules on those days.

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Financial Considerations
Financial considerations for the proposed closure are potential reductions in accrued compensatory absence liability for City Hall employees.

Environmental Issues
Not applicable.

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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Agreement between the City of Cotati and the County of Sonoma for Election Services
Date: October 11, 2022
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
It is recommended that the City Council adopt a resolution approving an agreement between the City of Cotati and the County of Sonoma for election services and authorize the Mayor to sign the agreement.

Background
Under the California Government Code, a City may contract with the Sonoma County Registrar of Voters to provide services to conduct the City’s municipal elections. The City of Cotati (as well as other cities in Sonoma County) have previously entered into similar contracts. The current contract for conducting municipal elections is set to expire on December 31, 2022. The proposed contract would go into effect January 1, 2023 and expire December 31, 2027.

Analysis/Discussion
The contract proposes to provide election services, supplies and equipment to the City for its municipal elections and is substantially the same as the current contract, with minor revisions generally to define and clarify some references.

Financial Considerations
The cost of an election is based on the number of registered voters as well as the number of candidates and measures (if any) on the ballot. This is funded by the General Fund, within the City Manager’s department.

Environmental Issues

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The action of approving an agreement between the City of Cotati and the County of Sonoma does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING A

CONTRACT WITH THE COUNTY OF SONOMA FOR ELECTION SERVICES AND

AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
WHEREAS, the current contract with the County of Sonoma providing services necessary to conduct municipal election in the City of Cotati will expire on December 31, 2022; and
WHEREAS, it is the City of Cotati’s desire to utilize the services of the County of Sonoma in the conduct of municipal elections.

NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of Cotati approves the contract with the County of Sonoma for the provision of municipal election services as set forth in the attached agreement (Exhibit A), and authorizes the Mayor to execute said agreement.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the October 11th, 2022, by the following vote, to wit:

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

Exhibit A: 2023-2027 Cotati Elections Agreement (PDF)
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1 CITY OF COTATI

AGREEMENT FOR ELECTION SERVICES
This agreement (“Agreement”) is made and entered into on January 1, 2023 (“Effective Date”), by and between the County of Sonoma, a political subdivision of the State of California (hereinafter “County”), and the City of Cotati, a municipal corporation (hereinafter “City”). The parties mutually agree as follows:

1. This Agreement is made and entered into pursuant to Government Code Section 51300 et seq. and is subject to all the provisions thereof.

2. At the City’s request, the County shall render the following services to the City:
a. Conduct, manage, and supervise all municipal elections held within the City during this period pursuant to all applicable state and federal laws governing the conduct of municipal elections;
b. Procure and furnish all supplies and equipment to be used in said elections, including those supplies required to meet the federal Help America Vote Act (HAVA); c. Perform all related services and functions necessary to the accomplishment of this Agreement including any additional language requirements that may be imposed as a result of the federal Voting Rights Act during the term of this Agreement.

3. This Agreement shall be in effect once signed by both parties, beginning January 1, 2023 and shall continue in force and effect until notice of termination is given or December 31, 2027, whichever occurs first.

4. For the purposes of conducting said elections, the Sonoma County Clerk-Recorder-Assessor (“County Elections Official”) shall exercise such powers and duties conferred by law upon the clerk of the City with respect to elections, as agreed to by both parties. Such duties shall include, but not be limited to, those powers and duties set forth in Division 3, commencing with Section 3000; Division 10, Part 2, commencing with Section 10100, excluding the issuance and filing of nomination documents unless specifically agreed upon in writing by the County Elections Official and the City Clerk not less than 180 days prior to the date of the municipal election; Division 13, commencing with Section 13000; and Division 15, commencing with Section 15000, of the California Elections Code.

5. The City shall designate within its resolution or ordinance calling the election and requesting the consolidation with the general election, the procedure to follow if the qualified nominees do not exceed the number of seats to be filled at that election. If the resolution does not specify the City elects to follow the procedure set forth in Elections Code 10229, subdivision (a)(1)-(2), the County shall be entitled to proceed with an election in accordance with subdivision (a)(3) as reasonably necessary to comply with printing deadlines, and in all such cases the City shall pay all applicable costs.

6. The County shall not be obligated to conduct any election, the procedures for the administration of which are not specified in state law; nor any election which employs any

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Attachment: Exhibit A: 2023-2027 Cotati Elections Agreement (SoCo ROV Contract Reso) 2 method of tabulation of votes other than a “one vote equals one vote” manner, including, but not limited to, those methods referred to as choice voting, cumulative voting, distributive voting, instant run-off voting, ranked choice voting, limited voting, or preferential voting.

Adoption by the City of an alternative method of voting terminates this contract, unless both parties agree in writing to amend the Agreement to provide for administration of the alternative voting method.

7. Upon the completion of the official canvass of the votes cast, and upon proper demand by the County, the City shall forthwith reimburse the County for any and all expenses incurred by the County in connection with said election as follows:
a. EQUIPMENT AND SUPPLIES:
i. The County shall procure all equipment and supplies in the name of, and on behalf of, the City.
ii. The amount, source and nature of said equipment and supplies will be determined in accordance with applicable laws. The County will have complete discretion in making determinations in procurement of equipment and supplies. iii. Expenses incurred by the County in the accomplishment of this Section 6 of the Agreement shall, at the option of the County, either be paid directly by the City upon confirmation by the County, or shall be paid to the County upon proper demand. b. POSTAGE: Postage shall, upon request of the County, either be prepaid by the City by warrant in the requested amount payable to the U.S. Postal Service or be paid to the County upon proper demand.
c. VOTING LOCATIONS AND ELECTION OFFICIALS: The City shall, upon proper demand, pay its pro-rata share of vote center expenses and compensation of election officials attributable to the conduct of such election, including the cost of insurance if necessary.
d. COUNTY STAFF SERVICES AND SUPPLIES: The City shall pay its pro-rata share of expenses incurred by the County for staff services and use of County supplies. “Expenses” as used in this subsection shall include the cost or the reasonable value of the following:
i. Time and effort expended by County officers and employees; ii. Equipment and supplies furnished by the County;
iii. Any other necessary expenditures made by the County in the accomplishment of this Agreement.
e. CORRECTIONS: The City agrees to bear the cost of correcting errors, including reprinting and mailing of information, if determined to be necessary, once the City Clerk has approved the final typeset version of ballot materials. f. The “pro-rata share” in this Agreement shall be determined by dividing the number of registered voters in the City by the total number of aggregate registered voters in all cities/districts going to election..

8. The City shall provide suitable locations for vote centers, ballot drop boxes and/or the

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Attachment: Exhibit A: 2023-2027 Cotati Elections Agreement (SoCo ROV Contract Reso) 3 consolidation of returns and perform any other necessary functions, including the issuance of Vote by Mail ballots or establishment of additional Vote by Mail drop-off or early voting locations, if requested by the County.

9. County employees assigned to duties in the performance of this Agreement shall remain at all times under supervision or control of the County. The City shall exercise no supervision or control of such employees. If questions arise on the part of the City as to performance, such questions shall be referred directly to the County Elections Official as the supervisor of such employees, and the determination or resolution of questions or problems shall be settled as mutually agreed upon by the parties to this Agreement. For purposes of workers’ compensation insurance, it is intended that all persons performing services under this Agreement shall remain in the general service of the County, and that their services on behalf of the City shall be considered a special employment which shall not subject the City to liability under workers’ compensation laws. However, it is understood that the County, in computing the cost of its services hereunder, may take into account its direct cost of providing workers’ compensation insurance coverage for such employees in proportion to time spent in the performance of this Agreement. The City shall hold harmless, defend and indemnify the County from and against any liability, claims, actions, costs, damages or losses to any person, or damage to any property, arising out of the City’s activities under this Agreement. The County, in computing its costs of services under this Agreement, may take into account the direct cost of providing adequate liability insurance to cover operations under this Agreement. The parties understand that each party maintains insurance programs under workers’ compensation laws and in protection of various other liability risks and exposures; each party shall continue to maintain such programs as a matter of its own discretion. In the event liability is imposed upon the parties to this Agreement under any circumstances in which the above provisions of this paragraph do not control, and if the liability is joint and several, the parties shall contribute equally to the settlement of any claim or judgment. The City shall not be obligated or liable for payment hereunder to any party other than the County.

10. Notwithstanding anything to the contrary in this Agreement, the City has ultimate responsibility for canvassing the returns of any election held hereunder. County shall not be obligated in any case to defend or prosecute any action at law or equity arising out of any such election or contesting the validity of any such election. The City shall be responsible for defending any court action brought to challenge any election held pursuant to this Agreement.

11. It is expressly recognized that this Agreement transfers ministerial duties only. In the event that policy questions arise, such questions will be referred to the City for decision by the appropriate City officials.

12. For any fiscal year commencing after December 31, 2022, either the City or the County, at the time of its respective annual budget deliberations, may terminate this Agreement by giving the other party a 90-day written notice of termination. In such event, the County will not be responsible for the conduct of elections occurring thereafter. If no such notice is given, this Agreement shall continue year-to-year until expiration of the term.

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Attachment: Exhibit A: 2023-2027 Cotati Elections Agreement (SoCo ROV Contract Reso) 4 13. All notices, bills, and payments shall be made in writing and shall be given by personal delivery or by U.S. Mail or courier service. Notices, bills, and payments shall be addressed as follows:

To City: Kevin Patterson, Deputy City Clerk
City of Cotati
201 W. Sierra Ave
Cotati, CA 94931
To County: Deva Marie Proto
Clerk-Recorder-Assessor
585 Fiscal Drive, Room 104
Santa Rosa, CA 95403
When a notice, bill or payment is given by a generally recognized overnight courier service, the notice, bill or payment shall be deemed received on the next business day. When a copy of a notice, bill or payment is sent by facsimile or email, the notice, bill or payment shall be deemed received upon transmission as long as (1) the original copy of the notice, bill or payment is promptly deposited in the U.S. mail and postmarked on the date of the facsimile or email (for a payment, on or before the due date), (2) the sender has a written confirmation of the facsimile transmission or email, and (3) the facsimile or email is transmitted before 5 p.m. (recipient’s time). In all other instances, notices, bills and payments shall be effective upon receipt by the recipient. Changes may be made in the names and addresses of the person to whom notices are to be given by giving notice pursuant to this paragraph

14. This Agreement constitutes the complete and exclusive statement of the agreement between the County and the City and shall supersede any previous agreements, whether verbal or written, concerning the same subject matter.

15. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

16. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.

17. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.

18. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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Attachment: Exhibit A: 2023-2027 Cotati Elections Agreement (SoCo ROV Contract Reso) 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.

CITY OF COTATI
By:

Mayor
Date:

ATTEST:

City Clerk
Date:

COUNTY: COUNTY OF SONOMA

CERTIFICATES OF INSURANCE ON

FILE WITH AND APPROVED AS TO
SUBSTANCE FOR COUNTY:

By:

Department Head
Date:

APPROVED AS TO FORM FOR
COUNTY:

By:

County Counsel
Date:

COUNTY OF SONOMA
By:

Chair
Sonoma County Board of Supervisors
Date:

ATTEST:

Clerk of the Board of Supervisors

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Attachment: Exhibit A: 2023-2027 Cotati Elections Agreement (SoCo ROV Contract Reso) Cotati City Council
Agenda Staff Report
Item type:

To: City Council
Subject: Introduction and first reading of an Ordinance amending the Zoning Code to facilitate local food production and urban agriculture in Cotati, and changing the zoning of the Veronda-Falletti Ranch property (175 W. Sierra Avenue) from Neighborhood, Low Density (NL), to Open Space, Recreation (OSR).

Date: October 11, 2022
Written by: Autumn Buss, Associate Planner
Recommendation
It is recommended by the Planning Commission and the Community Development Department that the City Council introduce an ordinance amending the Zoning Code to facilitate local food production and urban agriculture in Cotati, and changing the zoning of the Veronda-Falletti Ranch property (175 W. Sierra Avenue) from Neighborhood, Low Density (NL), to Open Space, Recreation (OSR).

I. Background
The General Plan includes numerous goals to promote urban agriculture and increase access to healthy food in Cotati. For example, the General Plan supports the development of appropriate agriculture in residential and open space zones, strengthening of local food systems including community gardens and community supported agriculture, and diversification of local economic activities. Current Zoning Code standards, however, include some restrictions on uses and activities related to local food production that present challenges to the implementation of the General Plan goals.

Previous Actions
In Fall 2021, the City Council directed staff to review the City’s Zoning Code for consistency with General Plan goals for promoting urban agriculture and local food production, and to prepare Zoning Code amendments for the Council’s consideration.

On March 7, 2022, the Cotati Planning Commission held a public hearing on a proposed urban agriculture ordinance, and voted to recommend that the City Council adopt the ordinance.

On March 22, 2022, the City Council held a public hearing to consider the proposed ordinance, and voted to reject the ordinance in light of the need for more discussion and Packet Pg. 36
Public Hearing
consideration of a broader range of potential options and impact reduction, directing staff to prepare a workshop for the Council to hear more community input and consider a variety of strategies.

On June 30, 2022, the City Council held the workshop and directed staff to prepare a revised draft ordinance reflecting the regulation of local food production based on scale and intensity, and setting specific limitations and performance standards on urban agriculture in order to reduce neighborhood impacts.

On September 19, 2022, the Planning Commission held a public hearing on the revised draft ordinance reflecting City Council direction from its June 30, 2022 workshop and voted to recommend that the City Council adopt the ordinance, with minor changes, and requested that the Council consider increasing the number of days that a Market Stand is allowed to operate.

II. Analysis/Discussion
Current Urban Agriculture Regulations in Cotati
Currently, local food production may be accomplished in several ways in Cotati, in terms of zoning regulations:

1. Home gardens for personal food production are permitted by-right (P) in all residential zones.

2. Crop Production for commercial purposes is allowed with a Use Permit (UP) in the Rural Residential (RR) zoning district.

3. Produce Stands accessory to a Crop Production use are allowed with a UP in the RR zone.

4. Community Gardens are allowed with a Minor Use Permit (MUP) in all residential districts and the Open Space-Recreation (OSR) zone.

5. Up to 20 chickens per property for non-commercial purposes are allowed by-right in residential districts and in residential uses in commercial districts. (Roosters are allowed only in RR.)
Council Direction on Strategies to Promote Local Food Production At its June 30, 2022 workshop, the City Council reviewed a variety of options to promote urban agriculture and local food production, and provided specific direction to staff for a revised draft ordinance.

Whereas the previous draft ordinance proposed a significant expansion of the Crop Production land use within residential districts, the current draft recognizes Council concerns that the Crop Production land use is not appropriate in denser residential neighborhoods. Instead, the revised draft ordinance reflects Council direction to explore Packet Pg. 37
the creation of a lower-intensity, smaller-scale land use, the “Market Garden,” which can be applied in any residential district. In addition, the Council identified the need for specific performance standards for Crop Production, Market Gardens, and Community Gardens in order to reduce the potential for urban agriculture operations to negatively impact neighboring properties.

The Council further requested that noticing requirements for public hearings on urban agricultural uses that require permits be increased, to allow additional neighbor input on proposed farming operations. The Council also noted the importance of reducing the planning permit fees for such projects, to lower the financial hurdles associated with starting an urban agriculture business in Cotati. The Council further supported facilitating the viability of urban farming by allowing Market Gardens to operate small Garden Stands, allowing Garden Stands and Produce Stands to sell eggs and Cottage Food items as well as produce, and confirming Community Supported Agriculture (CSA) as part of the Crop Production land use.

Finally, the Council supported the idea of re-zoning Veronda-Falletti Ranch in order to facilitate the operation of the property as a demonstration farm and education site.

Proposed Urban Agriculture Regulations
Following is an overview of the specific provisions of the revised draft ordinance relating to urban agriculture and local food production:

1. Creation of the “Market Garden” land use designation in the Zoning Code:
• Defined as small-scale agricultural production for sale or donation. • Permitted by-right (“P”) in all residential zoning districts (zoning clearance required).
• Mechanized equipment would be limited to residential equipment only, used between the hours of 9am and 5pm. (Exception: Up to three weekdays per year of heavier equipment for site preparation for planting would be allowed.) • Maximum cultivation area is a half-acre (may be non-contiguous), and five-foot setbacks from property lines are required.
• At least one residential dwelling unit would be required as the primary use of the property.
• An on-site “Garden Stand” would be allowed by-right, accessory to a Market Garden use. A Garden Stand may be up to 100 square feet in size, and must be located out of the public right-of-way. May operate two days per week, 9am-7pm.

Must be temporary and moved out of sight of the public when not in operation.

Two parking spaces, on- or off-street are required.

2. The existing Crop Production land use and the Produce Stand land use, which is accessory to Crop Production, would be allowed with a Use Permit in the OSR and Residential Very Low (RVL) zones. Community Supported Agriculture (CSA) would be allowed in the Crop Production land use.

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3. Garden Stands and Produce Stands (which per existing code are allowed to be up to 400 square feet in size, but still temporary in nature) would be allowed to sell produce grown and eggs produced on-site or at an adjacent property, as well as prepared food items made from produce grown on-site or at an adjacent property, in accordance with State and County Cottage Food requirements. Such stands would also be subject to State and County requirements related to safe retail food handling, and would be required to obtain a City of Cotati business license.

4. Permit requirements and standards for Community Gardens are proposed to be updated:
• Community Garden is defined as for personal use or donation, and may be operated by organizations as well as groups of individuals. • Permitted by-right in all residential zones and with a Use Permit in OSR. • Mechanized equipment would be limited to residential equipment only, between the hours of 9am and 5pm. (Exception: Up to 3 weekdays per year of heavier equipment for site preparation for planting would be allowed.) • 5-foot setbacks from property lines would be required. • Soil analysis to identify potential toxicity or contamination required. • A management plan would be submitted to the City prior to the start of garden operations.
• A contact person and information would be updated annually with the City and posted on-site.

5. Planning permit fees for Crop Production, Community Gardens, Produce Stands, and Farmers Markets are proposed to be reduced by 50%. In addition, Use Permit approval for these uses will require a finding of compatibility with nearby residential uses, and public hearing notices would be sent to property owners within a radius of 600 feet from the subject site, or greater at the discretion of the Community Development Director.

6. Crop Production, Market Gardens, and Community Gardens would be subject to new “Urban Agriculture” performance standards:
• These uses may not affect the livability or appropriate development of adjacent properties in terms of noise, water runoff, pesticide runoff, equipment operation, hours of operation, odor, vermin, security, or vehicular traffic. • Pesticides, herbicides, rodenticides, and synthetic fertilizers are strongly discouraged, and may not adversely affect adjacent properties. • Water conservation practices must be followed.
• Compost piles/containers must be located at least 20 feet from dwellings on adjacent properties.

7. In order to allow egg sales at Garden Stands and Produce Stands, the prohibition on commercial hen-keeping is proposed to be removed. At least one residential dwelling unit would be required as the primary use of the property.

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Veronda-Falletti Ranch
The City purchased Veronda-Falletti Ranch with the intention of operating the property as a demonstration farm with animals, agriculture, and farm-based educational activities.

The conservation easement on the property held by the Sonoma County Agriculture and Open Space District, and the City’s license agreements with the nonprofits Farmster and Sandy Loam for the operation of the property, reflect that commitment. However, the current zoning for Veronda-Falletti Ranch, Neighborhood-Low Density (NL), is not consistent with this vision. Note that this property has hosted several roosters for the past year or more. To staff’s understanding, roosters on this property have not generated any neighbor complaints. It is recommended that the Council rezone the property to OSR, and amend the OSR zoning designation to allow the following uses:
• Agricultural accessory structure
• Animal keeping
• Crop Production
• Plant Nursery
• Artisan/craft product manufacturing
• Community garden
• Meeting facility
• Caretaker quarters
• Farmers Market
• Produce stand
The introduction of any of these uses would require a Use Permit, setting specific standards for operation in order to minimize impacts. Furthermore, because this only applies to City owned properties (OSR), any non-City operators are also required to obtain license agreements, ultimately allowing the City to permit or cease any activities on the property, as the City Council may see fit.

Additional Proposed Code Changes
The proposed ordinance would address three additional needs identified by the Community Development Department to facilitate planning and development in the city:

1. Adjust the allowable height of a residential accessory structure that is subject to 5-foot setbacks from 10 feet, to 12 feet. Currently the Zoning Code requires that such structures that are between 10 and 12 feet in height conform to the setbacks for the primary residence, which are typically considerably greater than 5 feet. The maximum height limit of a residential accessory structure is 12 feet (except in the case of detached garages or with a minor use permit). The marginal height difference between 10 feet and 12 feet, and the potential associated neighborhood impact, do not warrant significantly larger setbacks. It is therefore recommended to make the 5-foot setback requirement consistent for residential accessory structures.

2. Addition of neighborhood meeting requirement for certain projects. Each discretionary Packet Pg. 40
project requiring a Tentative Map or with a scope of development greater than one acre would require a preapplication neighborhood meeting to ensure early community input.

3. Project sign requirement for larger projects. Each project that requires a neighborhood meeting would also require a project sign on-site for at least 10 days prior to its public hearing(s), to increase public notice of significant projects.

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

Specific applicable goals include the following:

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

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

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

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

Action CHW-3d: Work with appropriate local agencies, service providers, non-profits, community groups and regulatory agencies to explore the potential for creating, expanding and sustaining local urban agriculture, including community gardens, and orchards. The work effort should explore the feasibility of implementing the following strategies:
• Promoting urban agriculture as a desirable civic activity that improves the quality of urban life, food security, neighborhood safety and environmental stewardship; • Supporting the development of appropriate agriculture in residential, industrial, business, and open space zones;
• Support farm to institution (such as schools, hospitals, nursing homes, daycare centers) and businesses (such as restaurants and food outlets), while creating economic opportunities for urban growers and related industries; Packet Pg. 41
• Support efforts of local gardening organizations to promote the development and expansion of family and community gardens as well as edible landscaping; • Encourage and promote local garden food exchanges and local food cooperatives; and
• Work with representatives of local farming organizations to meet needs unique to urban farm enterprises.

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

Policy CON 4.6: Encourage historic resources to remain in their original use whenever possible. The adaptive use of historic resources is preferred, particularly as museums, educational facilities, or visitor-serving uses, when the original use can no longer be sustained. Older residences may be converted to office/retail use in commercial areas and to tourist or business use, so long at their historical authenticity is maintained or enhanced.

Objective EV 1A: Diversify the Local Economy.

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

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

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

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

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

IV. Planning Commission Review and Recommendation
On September 19, 2022, the Planning Commission reviewed and considered the draft ordinance at a Public Hearing. After hearing the staff presentation and asking some clarifying questions, the Commission heard comments from the public. Following discussion, the Planning Commission voted to support the proposed urban agriculture ordinance, with minor revisions, and passed a resolution recommending City Council approval. The revisions requested by the Commission, and incorporated into the current Packet Pg. 42
draft Ordinance, are the following:

1. Specify that any Community Garden rules relating to pesticide, herbicide, rodenticide, or synthetic fertilizer use be stated in the management plan that the garden is required to submit to the City.

2. Require that Produce Stands and Garden Stands adhere to State and County regulations related to safe retail food handling, and obtain a City of Cotati business license.

The Planning Commission also voted to remove the following language from the draft ordinance in Section 17.42.130 F2:
“Incidental items for sale that are not produced at an on-site or adjacent agricultural operation, such as bottled water, packaged snacks, or nonfood items, shall not exceed 10% of sales area or gross sales receipts, whichever is less, at a Produce Stand.” The Commission wished to prohibit sales of such items at Produce Stands, in the interest of reducing plastic consumption and litter, and focusing on agricultural products. Staff feels that sales of incidental items may be helpful to support the viability of Produce Stands, and would be further regulated by the required Use Permit. For that reason, the provision has remained in the draft Ordinance presented to the Council for consideration.

Finally, the Planning Commission requested that the City Council consider whether the 2 day per week limitation on Garden Stands is appropriate in light of the possibility that seasonal produce is often ready for harvest on a more frequent basis and should be sold shortly after harvest. The Commissioners felt that allowing Garden Stands to operate more days per week would allow produce to be sold when it is fresh and reduce the loss of produce that does not store well.

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

VI. Environmental Issues
The City of Cotati is proposing changes to the Land Use Code to allow for increased opportunities for small-scale urban agriculture within the city primarily in residential and open space zoning districts and to rezone the historic Veronda-Falletti Ranch property consistent with the Agriculture and Open Space easement previously recorded over the site. These code and map changes will not impact the underlying purpose of any zoning district. Thus, the proposed code changes are consistent with, and implement, the past CEQA analysis and potential for adverse environmental impacts, as analyzed in the Cotati General Plan Environmental Impact Report (EIR) (SCH# 2013-08-2037), certified in March 2015. Further, in addition to being consistent with the General Plan policies, these changes are implementing specific programs and direction identified in the Cotati General Plan as identified above.

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

VII. Summary and Staff Recommendation
Staff recommends that the City Council introduce an ordinance amending the Zoning Code to facilitate local food production and urban agriculture in Cotati, and changing the zoning of the Veronda-Falletti Ranch property (175 W. Sierra Avenue) from Neighborhood, Low Density (NL), to Open Space, Recreation (OSR).

Attachments:

1. Redline version of proposed Zoning Code amendments

2. October 11, 2022 Powerpoint presentation
Attachments:

Attachment 1 Redline version of proposed Zoning Code amendments (PDF) Attachment 2 Powerpoint presentation 10.11.22 (PDF)
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Proposed Zoning Code Amendments for Urban Agriculture Ordinance -- Redline Version Note: Portions of sections where changes are not proposed have been omitted to save space.

Section 17.22.020 Allowable land uses and planning permit requirements is amended, as follows:
(Excerpt of) Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Agricultural and Open Space Uses
Agricultural accessory
structure
UP UP– P P – – – 17.42.020
Animal keeping S S S S S S S 17.42.040
Crop production,
horticulture, orchard,
vineyard(5)
– UP– UP UP– – – – 17.42.240
Market garden – – P P P P P 17.42.230,

17.42.240
Plant nursery – UP– UP – – – –
Winery, small scale – – UP(2) – – – –
Industry, Manufacturing and
Processing, Wholesaling
Artisan/craft product
manufacturing
– UP– UP(3) – – – –

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Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Recreation, Education and Public Assembly Uses
Community garden(5) – UPMUP PMUP PMUP PMUP PMUP PMUP 17.42.220,

17.42.240
Equestrian facility – UP UP – – – –
Meeting facility, public or
private
– UP– – – UP UP UP
Park UP P P P P P P
Playground – P P P P P P
Private residential recreation
facility
– – – UP UP UP UP
School – Elementary, middle,
secondary
– – – UP UP UP –
Residential Uses
Accessory dwelling unit – – P P P P P 17.42.170
Caretaker quarters UP UP– – – – – –
Cottage housing – – – – S S S 17.42.125
Home occupation – – P P P P P 17.42.080
Junior accessory dwelling unit – – P P P – – 17.42.170
Mobilehome park – – UP UP UP UP UP 17.42.110
Mobile/manufactured home – – P P P P P 17.42.110
Multifamily housing, 2 units – – – – UP P P 17.42.120
Retail Trade
Accessory retail and services – – – – UP UP UP
Convenience store, 1,200 sq.
ft. or less
– – – – UP UP UP

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Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Farmers Market(5) – UP – – – – –
Garden Stand _ _ P P P P P 17.42.130,

17.42.230
Produce stand(5) – UP– UP UP– – – – 17.42.130
Key to Zoning District Symbols
OSC Open Space – Conservation NL Neighborhood – Low
Density
OSR Open Space – Recreation NM Neighborhood – Medium
Density
RR Rural Residential NU Neighborhood – Urban
RVL Residential, Very Low
Density
Notes:
(1) See Article 9 of this title for land use definitions. (2) May be approved only in conjunction with an on-site vineyard of three acres or larger. (3) May be approved only on a site of three acres or larger. (4) Use permit approval shall require that the review authority first find that the location of a proposed single-family dwelling on a parcel that may be further subdivided will not preclude future subdivision and development in compliance with the general plan. (5) Fees for Crop Production, horticulture, orchard, vineyard; Community Garden; Farmers Market; and Produce Stand planning permit applications shall be calculated at 50% of the fees set forth in the Fee Schedule as described in Section 17.60.060 Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of Public Hearings for these uses shall be mailed to property owners within a radius from the subject site of 600’, or greater at the Director’s discretion.

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Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) (Excerpt of) Table 2-3
Allowed Land Uses and Permit Requirements for Mixed Use Corridors and Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District

CE CG CD CI IG PF
Specific
Use
Regulations
Farmers market(7) MUP MUP MUP MUP UP UP
Key to Zoning District Symbols
CE East Cotati Avenue
Corridor
CI Commercial/Industrial
District
CG Gravenstein Highway
Corridor
IG General Industrial District
CD Downtown Commercial PF Public Facility District
Notes:
(1) See Article 9 for land use definitions.
(2) Use allowed only on second or upper floors, in compliance with Section 17.24.050(C), Limitation on the Location of Allowable Land Uses, or behind an allowed ground floor street frontage use. (3) See Section 17.42.165, Retail use maximum floor area. (4) When the Department of Alcoholic Beverage Control allows customers under twenty-one years of age on the premises.
(5) Artisan/craft product manufacturing uses proposed in the CE, CG, CD, HC, LP, NG, and CA districts must be located within buildings and suites designed and oriented to engage and encourage pedestrian activity and interaction with the surrounding uses. Uses in these districts must also include retail storefront presence and design characteristics, with production and manufacturing design elements (such as loading doors, material storage, etc.) oriented away from the primary entrances and street frontages of developments where they are located.
(6) MUP required for outdoor dining on private property in the CD district when the dining use abuts a residential land use.
(7) Fees for Farmers Market planning permit applications shall be calculated at 50% of the fees set forth in the Fee Schedule as described in Section 17.60.060 Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of Public Hearings for shall be mailed to

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Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) property owners within a radius from the subject site of 600’, or greater at the Director’s discretion.

Section 17.36.050 Parking and Loading, Number of parking spaces required is amended, as follows:
(THE ONLY CHANGE PROPOSED TO SECTION 17.36.050 IS THE ADDITION TO TABLE 3.7

SHOWN BELOW)
Table 3-7
Parking Requirements by Land Use
Land Use
Type: Vehicle Spaces Required
Garden
Stand
2 spaces minimum, either on-street adjacent to the property or off-street, out of the public right-of-way.

Section 17.42.040 Animal Keeping is amended, as follows:
(THE ONLY CHANGES PROPOSED ARE THE FOLLOWING TO 17.42.040 B, C, and G IN THE

EXCERPTS SHOWN BELOW)
B. Allowable Animal-Keeping Activities and Permit Requirements.

Table 4-1
Allowable Animal-Keeping and Permit Requirements
Type of Animal
Permit Requirement by Zoning District
OSC
OSR
RR RVL
Other Zone
Allowing
Residential
Use
Aviary (keeping of birds other than fowl
or poultry)
P P P P –
Beekeeping (for plant pollination
and/or honey production)
P P P P –
Boarding or breeding kennel – – MUP – –

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Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) Type of Animal
Permit Requirement by Zoning District
OSC
OSR
RR RVL
Other Zone
Allowing
Residential
Use
Chickens P P P P P in NL
district;
zoning
clearance
letter
required in

NM, NU,
and
residential
uses in all
commercial
districts
Dogs and cats P - P P P
Fowl and poultry other than roosters
and chickens
P P P P –
Hogs and swine P P P – –
Horses and cows P P P MUP –
Roosters P – P – –
Other small animals (defined in Table 4-
2)

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

Table 4-2
Animal-Keeping Standards

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Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) Type of Animal or
Facility
Maximum Number of
Animals per Site(1)
Minimum Lot
Area(2)
Minimum Setbacks(3)
From
Side/Rear
Property Lines
From Streets
and Dwellings
Aviary for birds other
than fowl and poultry
20 per acre 1/2 acre 25 ft. 50 ft.

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

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

Chickens (hens) 20 per site No minimum
lot size
12 ft. 20 ft.

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

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

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

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

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

Other small animals –
Chinchillas, rabbits,
nonpoisonous
reptiles, rodents, and
other nonpoisonous
animals of similar size.
4 animals total on a site less
than 1 acre; 4 of each species
on a site of 1 acre or more,
where allowed by Table 4-1.

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

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

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

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

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

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Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) G. Chickens. In addition to the requirements of this section, the keeping of chickens shall comply with the following standards:

1. Commercial Use Prohibited. Accessory to Residential Use. Except where allowed by Section 17.22.020, Allowable land uses and planning permit requirements, tThe keeping of chickens shall be solely as an accessory use to a residential use, and may not be the primary use on any site within the city..

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

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

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

5. Private Common Area Signoff. Where chickens are proposed to be located in a private common area, the private governing organization (e.g., the homeowner’s association) shall provide written consent and are ultimately responsible for ensuring compliance with these standards. (Ord. 823 § 2(C) Exh. C (part), 2009; Ord. 766 § 2 Exh. A (part), 2004).

Section 17.42.130 Outdoor displays and sales is amended, as follows:
(THE ONLY CHANGE PROPOSED IS THE FOLLOWING TO 17.42.130 F2 IN THE EXCERPT SHOWN BELOW)
F. Produce Stands and Garden Stands.

1. A Pproduce Sstand shall not exceed a total floor area of four hundred square feet. A Garden Stand shall not exceed a total floor area of one hundred square feet.

2. Incidental items for sale that are not produced at an on-site or adjacent agricultural operation, such as bottled water, packaged snacks, or nonfood items, shall not exceed 10% of sales area or gross sales receipts, whichever is less, at a Produce Stand. Such items are prohibited at Garden Stands. Produce stands selling such items must provide a trash receptacle for customers’ use.

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Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) Operation registration and permit requirements of the County of Sonoma Department of Health Services and any requirements of the State of California..

4. Produce Stands and Garden Stands shall adhere to standards and certification and registration requirements set by the California Department of Public Health, California Department of Food and Agriculture, and County of Sonoma Department of Health Services related to retail food sales, food safety, small farm food safety, and community food producers.

5. Produce Stands and Garden Stands shall obtain a City of Cotati Business License prior to commencing sales operations.

Section 17.42.220 Community Gardens is added, as follows:

17.42.220 Community Gardens.

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

A. The use of mechanized equipment shall be limited to equipment typically found in residential uses, with operation limited to the hours of 9am to 5pm. An exception is initial site preparation for planting, which may take place for a total of no more than 3 weekdays per year, between the hours of 9am and 5pm.

B. Cultivated areas shall be subject to five-foot setbacks from property lines.

C. Prior to cultivation, the soils shall be analyzed for potential toxicity or contamination that would render the site unsuitable for food crops.

D. A management plan addressing the governance structure of the garden, hours of operation, noise and vermin control, maintenance, responsible water use, security requirements, rules related to pesticide, herbicide, rodenticide, or synthetic fertilizer use, and other operating rules must be submitted to the City prior to initiation of any site preparation or gardening activities.

A.E. A primary point of contact for the community garden, including name, address, and phone number, shall be updated annually with the City and posted in public view at the garden site.

Section 17.42.230 Market Gardens is added, as follows:

17.42.230 Market Gardens.

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

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Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) A. The use of mechanized equipment shall be limited to equipment typically found in residential uses, with operation limited to the hours of 9am to 5pm. An exception is initial site preparation for planting, which may take place for a total of no more than 3 weekdays per year, between the hours of 9am and 5pm.

B. The area of cultivation and related activities shall be limited to a total of one half-acre maximum, which may be non-continguous on the property.

C. Cultivated areas shall be subject to five-foot setbacks from property lines.

D. An on-site Garden Stand is allowed, up to a total floor area of one hundred square feet and located out of the public right-of-way. The Garden Stand may be operated a maximum of two days per week between the hours of 9am and 7pm, and must be temporary in nature and dismantled and stored out of site of the public when not in operation. A minimum of two motor vehicle parking spaces, either on-street or off-street out of the public right-of-way, shall be required for operation of a Garden Stand, in accordance with Section 17.36.050.

E. A dwelling unit is required on the property as a primary land use.

Section 17.42.240 Urban Agriculture Standards is added, as follows:

17.42.240 Urban Agriculture Standards.

This section establishes general standards for Urban Agriculture land uses and activities, including Crop Production, Market Gardens, and Community Gardens, where allowed by Chapter 17.22, Allowable Land Uses. The intent of these provisions is to ensure the compatibility between Urban Agriculture land uses and other nearby uses, particularly residential uses. .

A. Urban Agriculture land uses shall not adversely affect the livability or appropriate development of adjacent properties and the surrounding neighborhood in terms of noise, water runoff, pesticide runoff, equipment operation, hours of operation, odor, vermin, security, or vehicular traffic.

B. Pesticides, herbicides, rodenticides, and synthetic fertilizers are strongly discouraged, and if used, shall not adversely impact adjacent properties or the surrounding neighborhood, including overspray, drift, dust, fumes, odors, runoff, soil contamination, plant contamination, or other negative impacts. Such use shall also not be allowed to contaminate the soil of the subject property or any adjacent properties.

C. Water conservation practices must be followed, in accordance with Section 13.30 and State of California Water Efficient Landscape Ordinance (WELO) standards.

D. Compost piles and containers must be set back at least 20 feet from dwellings on adjacent properties.

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Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022)

11.A
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Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) Section 17.62.030 Limited term permits is amended, as follows:
(THE ONLY CHANGES PROPOSED ARE THE FOLLOWING TO 17.62.030 B AND D IN THE EXCERPT

SHOWN BELOW)

17.62.030 Limited term permit.

A. Purpose. This section establishes procedures for the granting of limited term permits for short-term activities.

This section does not apply to weekly or otherwise frequently recurring farmers markets, which are instead subject to use permit approval as required by Section 17.22.020, Tables 2-2 and 2-3 (Allowable Land Uses) of this title.

C. Review Authority. A limited term permit may be approved or denied by the director, in compliance with this section.

D. Exempt Temporary Uses and Activities. The following temporary uses and activities are allowed without obtaining a limited term permit. Temporary activities that do not fall within the following categories shall comply with subsection E of this section:

1. Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities;

2. Garage Sales. Garage sales, not to exceed three per year, and two consecutive days for each sale;

3. Public Property, or Public Right-of-Way. Activities conducted on public property that are approved by the council or as otherwise required by the municipal code;

4. Fund-Raising Car Washes. Fund-raising car washes, not to exceed six per year, on property within a commercial or industrial zone, or on institutional property;

5. Tents and Similar Temporary Structures. A tent or similar temporary structure, provided that it is located on a site for a maximum of seventy-two consecutive hours, by the end of which it shall be entirely removed from the site. No site shall have a tent or similar temporary structure more than two times per year.

6. Garden Stands and Produce Stands as allowed by Section 17.22.020 Table 2-2 (Allowable Land Uses) of this title.

11.A
Packet Pg. 56
Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) Section 17.90.020 Definitions of specialized terms and phrases is amended, as follows:

Section 17.90.020 Definitions of specialized terms and phrases “Community garden” means a site used for growing plants for food, fiber, herbs, flowers, and other usess, for personal use and/or donation, which is shared and maintained by community residents and/or a nonprofit, educational, governmental, or other charitable organization. “Crop production, horticulture, orchard, vineyard” means commercial agricultural production field and orchard uses, including the production of the following, primarily in the soil on the site and not in containers, other than for initial propagation prior to planting in the soil on the site:
field crops, flowers and seeds, fruits, grains, melons, ornamental crops, tree nuts, trees and sod, vegetables, and wine and table grapes.

1. Field crops;

2. Flowers and seeds;

3. Fruits;

4. Grains;

5. Melons;

6. Ornamental crops;

7. Tree nuts;

8. Trees and sod;

9. Vegetables;

10. Wine and table grapes.

11.A
Packet Pg. 57
Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) produced and sold according to Cottage Food Operation registration and permit requirements of the County of Sonoma Department of Health Services and any requirements of the State of California, and that is accessory to an on-site Market Garden use. “Produce stand” means a temporary business established and operated for a specific time, selling raw, unprocessed fruits, vegetables, nuts, eggs, and other produce in its raw or natural state, and/or prepared food items made from produce grown on-site or on an adjacent site and produced and sold according to Cottage Food Operation registration and permit requirements of the County of Sonoma Department of Health Services and any requirements of the State of California, and that is accessory to an on-site or adjacent agricultural operationUrban Agriculture use..
“Urban Agriculture” means the Community garden; Crop Production, horticulture, orchard, vineyard; and Market garden land uses.

Section 17.42.160 Residential accessory uses and structures is amended, as follows:
(THE ONLY CHANGE PROPOSED IS THE FOLLOWING TO 17.42.160 E1b IN THE EXCERPT

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

1. Setbacks.
a. Front Setback. An accessory structure shall not be located within a required front setback.
b. Side and Rear Setbacks. An accessory structure with a height of twelve ten feet or less shall maintain side and rear setbacks of at least five feet. An accessory structure with a height greater than ten feet shall comply with the setback requirements of the applicable zoning district.

Section 17.60.040B Application preparation and filing is amended, as follows:
(THE ONLY CHANGE PROPOSED IS THE FOLLOWING ADDITION TO SECTION 17.60.040) B. Preapplication Neighborhood Meeting. Each discretionary project requiring a Tentative Map or with a scope of development greater than one acre shall require a preapplication neighborhood meeting in compliance with the following requirements, to provide the

11.A
Packet Pg. 58
Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) opportunity for early input by affected neighbors. While neighborhood consensus or agreement is the goal, it is not a required outcome of the neighborhood meetings.

1. When neighborhood meetings are required:
a. A development proposal that requires a Tentative Map, or is a discretionary project disturbing a site greater than one acre, that requires a public hearing, and that may affect a residential neighborhood, shall require one or more neighborhood meetings in compliance with this Section.
b. A neighborhood meeting may be required for a development proposal that otherwise would not require a meeting if: there is significant controversy regarding the proposal, interest has been expressed by the neighborhood regarding the proposal, or the Director determines that a neighborhood meeting shall be held.

2. When neighborhood meetings are not required:
a. Neighborhood meetings are not required for nonresidential development proposals that are surrounded by nonresidential zoning districts and General Plan land use categories, unless there is an effect on a residential neighborhood, regardless of whether a public hearing is required.
b. Neighborhood meetings are not required for “ministerial” projects, including the issuance of Building Permits or other applications where the discretionary approval or permit has been granted.

3. Waiver of meeting requirement. The requirement for a neighborhood meeting may be waived in cases where the position of a neighborhood in favor of the proposal has been clearly established and/or recent contact with neighborhood representatives indicates that there is no interest in holding a meeting. In these cases, the Director shall determine whether to waive the requirement for a meeting.

4.Timing of neighborhood meeting.
a.When required, a neighborhood meeting shall be held before submittal of the application for the development proposal, except as identified in subparagraph 1b, above.
b. If the neighborhood meeting is held after submittal of the application for development, the application shall not be deemed complete until after the neighborhood meeting has been held.

5. FFollow-up meeting encouraged. When a neighborhood meeting has been held before submittal of the application, applicants are encouraged to hold one or more follow-up

11.A
Packet Pg. 59
Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) neighborhood meetings with interested citizens to explain project changes prior to public hearings on the project.

6. Notification required.
a. A neighborhood meeting shall be noticed by mail to real property owners and occupants located in whole or in part within a minimum radius of 500 feet from the exterior boundaries of the Assessor’s parcels that are the subject of the development proposal. The Notice shall include the date, time, and place of the neighborhood meeting; the phone number and street address of the department, where an interested person may call or visit to obtain additional information; a description of the proposed project; and the location of the real property where the project is proposed. b. Additional notice may be required at the discretion of the Director, including alternate methods and/or the use of a greater noticing radius for projects of particular interest, scale, or size.

7. Staff responsibilities at meeting. City staff is required to attend the neighborhood meetings. The staff role is to identify and explain the City’s development review process and the adopted land use policies, including provisions of the General Plan and the Zoning Code as they relate to the development proposal under consideration. Staff may provide objective commentary on the proposal but is not expected to present a position or recommendation on the proposal at the neighborhood meeting. Staff shall also serve as moderator/facilitator and take meeting notes.

8. Applicant responsibilities at meeting. The applicant or applicant’s representative is required to attend the neighborhood meeting and present basic project information including the following:
a. Site analysis, graphically depicting existing conditions and the neighborhood context; b. Conceptual site plan showing locations of all proposed structures, roads, parking areas, landscaping, and conceptual parcel lines with approximate dimensions; c. Conceptual building and architectural design information; d. Proposed density and/or purpose of the project and its target market.

9. Independent professional staff recommendation required. Neighborhood or applicant comments and recommendations are not binding on staff. City staff will consider the neighborhood comments, as well as those of all referral agencies/organizations, but will formulate its own independent professional recommendation to the applicable review authorities.

11.A
Packet Pg. 60
Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) Section 17.88.020 B4 Project Sign is added, as follows:
(THE ONLY CHANGE PROPOSED IS THE FOLLOWING ADDITION TO SECTION 17.88.020B)

4. Project Sign. If the proposed project requires a neighborhood meeting in compliance with Section 17.60.040 B, a project sign shall be required. The applicant shall install a project sign of four feet tall by eight feet long on the subject property in a place conspicuous to the public, at least ten days before the date of the public hearing. The sign shall include the date, time, and location of the hearing; the phone number and street address of the department, where an interested person may call or visit to obtain additional information; and a description of the proposed project.

11.A
Packet Pg. 61
Attachment: Attachment 1 Redline version of proposed Zoning Code amendments (Urban Agriculture Ordinance Fall 2022) Potential Zoning Code
Amendment to Promote
Urban Agriculture
City Council Public Hearing
Community
Development
Department
October 11, 2022 UCANR

11.B
Packet Pg. 62
Attachment: Attachment 2 Powerpoint presentation 10.11.22 (Urban Agriculture Ordinance Background
 Fall 2021: City Council directed staff to prepare Zoning Code amendments to promote urban agriculture,
consistent with General Plan goals
 March 7, 2022: Planning Commission public hearing on
first version of proposed urban agriculture ordinance;
voted to recommend Council adoption
 March 22, 2022: City Council public hearing on
proposed ordinance; Directed staff to prepare a
workshop for the Council to hear more community
input and consider different strategies
 June 30, 2022: City Council workshop; Direction to
staff provided and subsequently incorporated into
current revised ordinance proposal
 September 19, 2022: Planning Commission Public
Hearing; Voted to recommend revised Ordinance
adoption, with minor changes

11.B
Packet Pg. 63
Attachment: Attachment 2 Powerpoint presentation 10.11.22 (Urban Agriculture Ordinance Current Zoning Related to Urban Agriculture
 Home gardens permitted in all residential zones as an accessory use
 Commercial Crop Production allowed with a Use Permit
(UP) in the Rural Residential (RR) district
 Produce stands up to 400 sqft accessory to Crop
Production allowed with a UP in the RR district
 Community Gardens allowed with a Minor Use Permit
(MUP) in all residential districts and the Open Space,
Recreation (OSR) district
 Up to 20 chickens for non-commercial purposes
allowed by-right per property in residential districts; Over 20 allowed with MUP
 Roosters allowed only in the RR district

11.B
Packet Pg. 64
Attachment: Attachment 2 Powerpoint presentation 10.11.22 (Urban Agriculture Ordinance Council Direction from Workshop
 Develop complementary
alternative to Crop
Production: Small-scale ag
that would be appropriate in
any residential district
 Create standards to reduce
potential impacts on nearby
residents, and increase
noticing to neighbors
 Low-impact, on-site sales from
urban ag are OK, including
eggs, Cottage Foods

11.B
Packet Pg. 65
Attachment: Attachment 2 Powerpoint presentation 10.11.22 (Urban Agriculture Ordinance Draft Ordinance Provisions
New “Market Garden” land use designation
 Smaller-scale agriculture for sale or donation
 Permitted by-right (“P”) in all residential zoning districts  Residential-scale mechanical equipment only, limited to 9am-5pm. (Exception: 3 days/year for site preparation)
 Maximum cultivation area ½ acre; 5-foot setbacks
 Dwelling unit required as primary use
 On-site “Garden Stand” allowed:
 100 square feet maximum
 May operate 2 days/week, 9am-7pm
 Moved out of sight of the public when not in
operation
 Two parking spaces required, on- or off-street
East Sac Farms

11.B
Packet Pg. 66
Attachment: Attachment 2 Powerpoint presentation 10.11.22 (Urban Agriculture Ordinance Draft Ordinance Provisions  Allow existing Crop Production land use and Produce Stands in
OSR and Residential Very Low
(RVL) with a Use Permit
 Allow Community Supported
Agriculture (CSA) with Crop
Production
 Garden Stands and Produce
Stands may sell eggs and Cottage
Foods produced on-site or at an
adjacent property. Prohibition on
commercial hen-keeping would be
removed. Limit remains at 20.

11.B
Packet Pg. 67
Attachment: Attachment 2 Powerpoint presentation 10.11.22 (Urban Agriculture Ordinance Draft Ordinance Provisions
Community Gardens:
 Permitted by-right in all residential zones; with UP in OSR  Residential mechanical equipment only, limited to 9am-5pm. (Exception: 3 days/year for site preparation)
 5-foot setbacks from property lines; Soil analysis required  Management plan and contact person on file with City

11.B
Packet Pg. 68
Attachment: Attachment 2 Powerpoint presentation 10.11.22 (Urban Agriculture Ordinance Draft Ordinance Provisions
New Requirements for Urban Agriculture Permits
 Planning permit fees would be reduced by 50%
 UP requires a finding of compatibility with nearby residential  Public hearing notices to property owners within 600’ radius New Performance Standards for Urban Agriculture:
 May not affect the livability or appropriate development of adjacent properties in terms of noise, water runoff, pesticide runoff, equipment operation, hours of operation, odor, vermin, security, or vehicular traffic
 Pesticides, herbicides, rodenticides, and synthetic fertilizers are discouraged; if used, shall not impact neighboring properties  Water conservation practices must be followed
 Compost piles/containers must be located at least 20 feet from dwellings on adjacent properties

11.B
Packet Pg. 69
Attachment: Attachment 2 Powerpoint presentation 10.11.22 (Urban Agriculture Ordinance Draft Ordinance Provisions –
Veronda-Falletti Ranch
 To allow operation as a demonstration farm with
educational and community activities on-site, the
following is recommended:

1. Re-zone the property to OSR, and

2. Amend the OSR zoning designation to allow the
following, with a UP:
• Agricultural accessory structure
• Animal keeping
• Crop Production
• Plant Nursery
• Artisan/craft product manufacturing
• Community garden
• Meeting facility
• Caretaker quarters
• Farmers Market
• Produce stand
James Wirth Photography

11.B
Packet Pg. 70
Attachment: Attachment 2 Powerpoint presentation 10.11.22 (Urban Agriculture Ordinance Draft Ordinance: Community Development
Additional Provisions
 Increase allowable height of a residential accessory structure with 5-foot setbacks: Currently 10’, increase to 12’
 Currently, structures up to 10’ high can have 5’ setbacks  10’ to 12’ (Max height) structures must meet primary residence setbacks (up to 20’ in some zones)
 2-foot height difference does not warrant significantly larger setbacks
 Addition of neighborhood meeting requirement for certain projects
 Discretionary projects requiring a Tentative Map or with a scope of development greater than one acre would require preapplication neighborhood meeting to ensure early community input
 Project sign requirement for larger projects
 Projects requiring a neighborhood meeting would also require a project sign on-site for at least 10 days prior to public hearing(s), to increase public notice of significant projects.

11.B
Packet Pg. 71
Attachment: Attachment 2 Powerpoint presentation 10.11.22 (Urban Agriculture Ordinance Planning Commission Recommendation
 Recommended approval, with the following changes (incorporated in current draft):
 1. Specify that Community Garden rules re: pesticide, herbicide, rodenticide, or synthetic fertilizer use must be stated in the management plan
 2. Require that Produce Stands and Garden Stands adhere to State and County regulations related to safe retail food handling, and obtain a City of Cotati business license.
 Recommended removal of provision for sales of incidental items (capped at 10% of floor area) at Produce Stands, such as bottled water, packaged snacks, non-food items, favoring prohibition of such sales. Staff have retained this provision in the current draft.  Requested that the Council consider increasing the number of days (from the proposed 2) per week that Garden Stands may operate, to better ensure that seasonal produce sales can be paced with the harvest

11.B
Packet Pg. 72
Attachment: Attachment 2 Powerpoint presentation 10.11.22 (Urban Agriculture Ordinance Recommendation
It is recommended by the Community
Development Department and the Planning
Commission that the City Council introduce an
ordinance amending the Zoning Code to facilitate
local food production and urban agriculture.

11.B
Packet Pg. 73
Attachment: Attachment 2 Powerpoint presentation 10.11.22 (Urban Agriculture Ordinance Questions?

11.B
Packet Pg. 74
Attachment: Attachment 2 Powerpoint presentation 10.11.22 (Urban Agriculture Ordinance ORDINANCE NO.

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

17.42.130 OUTDOOR DISPLAYS AND SALES, 17.42.160 RESIDENTIAL ACCESSORY USES AND STRUCTURES, 17.60.040 APPLICATION PREPARATION AND FILING,

17.62.030 LIMITED TERM PERMITS, 17.88.020 NOTICE OF HEARING, AND

17.90.020 DEFINITIONS; ADDING SECTIONS 17.42.220 COMMUNITY GARDENS,

17.42.230 MARKET GARDENS, AND 17.42.240 URBAN AGRICULTURE STANDARDS; AND CHANGING THE ZONING OF 175 W. SIERRA AVENUE (“THE VERONDA-FALLETTI RANCH PROPERTY”) FROM NEIGHBORHOOD, LOW

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

WHEREAS, on September 19, 2022, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed amendments to Title 17 of the Cotati Municipal Code. After reviewing and providing some direction to staff, the Commission voted to approve Resolution No. PC 2022-11 recommending adoption of an Ordinance to amend the Code to promote urban agriculture to the City Council.

WHEREAS, on September 27, 2022, the City Council of the City of Cotati held a duly noticed public hearing, received the staff report and reviewed a presentation from the Planning Packet Pg. 75
Division, and considered all oral and written comments submitted to the City regarding the item prior to taking its action on the item.

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

SECTION 1: Recitals.

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

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

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

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

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

Packet Pg. 76
Action CHW-3d: Work with appropriate local agencies, service providers, non-profits, community groups and regulatory agencies to explore the potential for creating, expanding and sustaining local urban agriculture, including community gardens, and orchards. The work effort should explore the feasibility of implementing the following strategies:
• Promoting urban agriculture as a desirable civic activity that improves the quality of urban life, food security, neighborhood safety and environmental stewardship; • Supporting the development of appropriate agriculture in residential, industrial, business, and open space zones;
• Support farm to institution (such as schools, hospitals, nursing homes, daycare centers) and businesses (such as restaurants and food outlets), while creating economic opportunities for urban growers and related industries; • Support efforts of local gardening organizations to promote the development and expansion of family and community gardens as well as edible landscaping; • Encourage and promote local garden food exchanges and local food cooperatives; and • Work with representatives of local farming organizations to meet needs unique to urban farm enterprises.

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

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

Objective EV 1A: Diversify the Local Economy.

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

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

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

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

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

Packet Pg. 77
SECTION 4: Compliance with the California Environmental Quality Act.

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

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

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

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Agricultural and Open Space Uses
Agricultural accessory
structure
UP UP P P – – – 17.42.020
Animal keeping S S S S S S S 17.42.040
Crop production,
horticulture, orchard,
vineyard(5)
– UP UP UP – – – 17.42.240
Market garden – – P P P P P 17.42.230,

17.42.240
Plant nursery – UP UP – – – –
Winery, small scale – – UP(2) – – – –
Industry, Manufacturing and
Packet Pg. 78
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Processing, Wholesaling
Artisan/craft product
manufacturing
– UP UP(3) – – – –
Recreation, Education and Public Assembly Uses
Community garden(5) – UP P P P P P 17.42.220,

17.42.240
Equestrian facility – UP UP – – – –
Meeting facility, public or
private
– UP – – UP UP UP
Park UP P P P P P P
Playground – P P P P P P
Private residential recreation
facility
– – – UP UP UP UP
School – Elementary, middle,
secondary
– – – UP UP UP –
Residential Uses
Accessory dwelling unit – – P P P P P 17.42.170
Caretaker quarters UP UP – – – – –
Cottage housing – – – – S S S 17.42.125
Home occupation – – P P P P P 17.42.080
Junior accessory dwelling unit – – P P P – – 17.42.170
Mobilehome park – – UP UP UP UP UP 17.42.110
Mobile/manufactured home – – P P P P P 17.42.110
Multifamily housing, 2 units – – – – UP P P 17.42.120
Packet Pg. 79
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Retail Trade
Accessory retail and services – – – – UP UP UP
Convenience store, 1,200 sq.
ft. or less
– – – – UP UP UP
Farmers Market(5) – UP – – – – –
Garden Stand _ _ P P P P P 17.42.130,

17.42.230
Produce stand(5) – UP UP UP – – 17.42.130
Key to Zoning District Symbols
OSC Open Space –
Conservation
NL Neighborhood – Low
Density
OSR Open Space –
Recreation
NM Neighborhood –
Medium Density
RR Rural Residential NU Neighborhood – Urban
RVL Residential, Very Low
Density
Notes:
(1) See Article 9 of this title for land use definitions. (2) May be approved only in conjunction with an on-site vineyard of three acres or larger. (3) May be approved only on a site of three acres or larger. (4) Use permit approval shall require that the review authority first find that the location of a proposed single-family dwelling on a parcel that may be further subdivided will not preclude future subdivision and development in compliance with the general plan. (5) Fees for Crop Production, horticulture, orchard, vineyard; Community Garden; Farmers Market; and Produce Stand planning permit applications shall be calculated at 50% of the fees Packet Pg. 80
set forth in the Fee Schedule as described in Section 17.60.060 Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of Public Hearing for these uses shall be mailed to property owners within a radius from the subject site of 600’, or greater at the Director’s discretion.

Table 2-3
Allowed Land Uses and Permit Requirements for Mixed Use Corridors and Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District

Packet Pg. 81
(5) Artisan/craft product manufacturing uses proposed in the CE, CG, CD, HC, LP, NG, and CA districts must be located within buildings and suites designed and oriented to engage and encourage pedestrian activity and interaction with the surrounding uses. Uses in these districts must also include retail storefront presence and design characteristics, with production and manufacturing design elements (such as loading doors, material storage, etc.) oriented away from the primary entrances and street frontages of developments where they are located. (6) MUP required for outdoor dining on private property in the CD district when the dining use abuts a residential land use.
(7) Fees for Farmers Market planning permit applications shall be calculated at 50% of the fees set forth in the Fee Schedule as described in Section 17.60.060 Application fees. Use permit approval shall require that the review authority first find that the proposed use will be compatible with any nearby residential uses. Notices of Public Hearings shall be mailed to property owners within a radius from the subject site of 600’, or greater at the Director’s discretion.

SECTION 6: Amendment to the Cotati Municipal Code. Section 17.36.050 Parking and Loading, Number of parking spaces required is amended, as follows:

Table 3-7
Parking Requirements by Land Use
Land Use
Type: Vehicle Spaces Required
Garden
Stand
2 spaces minimum, either on-street adjacent to the property or off-street, out of the public right-of-way.

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

B. Allowable Animal-Keeping Activities and Permit Requirements.

Table 4-1
Allowable Animal-Keeping and Permit Requirements
Type of Animal
Permit Requirement by Zoning District
OSC
OSR
RR RVL
Other Zone
Allowing
Residential
Use
Packet Pg. 82
Type of Animal
Permit Requirement by Zoning District
OSC
OSR
RR RVL
Other Zone
Allowing
Residential
Use
Aviary (keeping of birds other than fowl
or poultry)
P P P P –
Beekeeping (for plant pollination
and/or honey production)
P P P P –
Boarding or breeding kennel – – MUP – –
Chickens P P P P P in NL
district;
zoning
clearance
letter
required in

Packet Pg. 83
Table 4-2
Animal-Keeping Standards
Type of Animal or
Facility
Maximum Number of
Animals per Site(1)
Minimum Lot
Area(2)
Minimum Setbacks(3)
From
Side/Rear
Property Lines
From Streets
and Dwellings
Aviary for birds
other than fowl
and poultry
20 per acre 1/2 acre 25 ft. 50 ft.

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

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

Chickens (hens) 20 per site No minimum
lot size
12 ft. 20 ft.

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

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

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

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

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

Other small
animals –
Chinchillas,
rabbits,
nonpoisonous
reptiles, rodents,
and other
nonpoisonous
animals of similar
size.
4 animals total on a site
less than 1 acre; 4 of each
species on a site of 1 acre
or more, where allowed by
Table 4-1.

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

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

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

Other large
animals – Emus,
4 per acre 1/2 acre 25 ft. 50 feet for
accessory
Packet Pg. 84
Type of Animal or
Facility
Maximum Number of
Animals per Site(1)
Minimum Lot
Area(2)
Minimum Setbacks(3)
From
Side/Rear
Property Lines
From Streets
and Dwellings
goats, llamas,
miniature horses
and donkeys,
ostriches, pot belly
pigs, sheep, and
similar-sized
animals.
structure, none
for pasture.

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

1. Accessory to Residential Use. The keeping of chickens shall be solely as an accessory use to a residential use, and may not be the primary use on any site within the city.

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

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

SECTION 8: Amendment to the Cotati Municipal Code. Section 17.42.130 Outdoor displays and sales is amended, as follows:

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F. Produce Stands and Garden Stands.

1. A Produce Stand shall not exceed a total floor area of four hundred square feet. A Garden Stand shall not exceed a total floor area of one hundred square feet.

2. Incidental items for sale that are not produced at an on-site or adjacent agricultural operation, such as bottled water, packaged snacks, or nonfood items, shall not exceed 10% of sales area or gross sales receipts, whichever is less, at a Produce Stand. Such items are prohibited at Garden Stands. Produce Stands selling such items must provide a trash receptacle for customers’ use.

3. Produce stands and Garden Stands may sell produce grown on-site or on an adjacent site, eggs produced on-site or at an adjacent site, and prepared food items made from produce grown onsite or on an adjacent site and produced and sold according to Cottage Food Operation registration and permit requirements of the County of Sonoma Department of Health Services and any requirements of the State of California.

5. Produce Stands and Garden Stands shall obtain a City of Cotati Business License prior to commencing sales operations.

SECTION 9: Amendment to the Cotati Municipal Code. Section 17.42.220 Community Gardens is added, as follows:

17.42.220 Community Gardens.

B. Cultivated areas shall be subject to five-foot setbacks from property lines.

C. Prior to cultivation, the soils shall be analyzed for potential toxicity or contamination that would render the site unsuitable for food crops.

Packet Pg. 86
D. A management plan addressing the governance structure of the garden, hours of operation, noise and vermin control, maintenance, responsible water use, security requirements, rules related to pesticide, herbicide, rodenticide, or synthetic fertilizer use, and other operating rules must be submitted to the City prior to initiation of any site preparation or gardening activities.

E. A primary point of contact for the community garden, including name, address, and phone number, shall be updated annually with the City and posted in public view at the garden site.

SECTION 10: Amendment to the Cotati Municipal Code. Section 17.42.230 Market Gardens is added, as follows:

17.42.230 Market Gardens.

B. The area of cultivation and related activities shall be limited to a total of one half-acre maximum, which may be non-contiguous on the property.

C. Cultivated areas shall be subject to five-foot setbacks from property lines.

E. A dwelling unit is required on the property as a primary land use.

SECTION 11: Amendment to the Cotati Municipal Code. Section 17.42.240 Urban Agriculture Standards is added, as follows:

17.42.240 Urban Agriculture Standards.

Packet Pg. 87
A. Urban Agriculture land uses shall not adversely affect the livability or appropriate development of adjacent properties and the surrounding neighborhood in terms of noise, water runoff, pesticide runoff, equipment operation, hours of operation, odor, vermin, security, or vehicular traffic.

C. Water conservation practices must be followed, in accordance with Section 13.30 and State of California Water Efficient Landscape Ordinance (WELO) standards.

D. Compost piles and containers must be set back at least 20 feet from dwellings on adjacent properties.

SECTION 12: Amendment to the Cotati Municipal Code. Section 17.62.030 Limited term permits is amended, as follows:

17.62.030 Limited term permit.

A. Purpose. This section establishes procedures for the granting of limited term permits for shortterm activities.

B. Applicability. A limited term permit allows the short-term activities listed in subsection E of this section, that may not comply with the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. This section does not apply to weekly or otherwise frequently recurring farmers markets, which are instead subject to use permit approval as required by Section 17.22.020, Tables2-2 and 2-3 (Allowable Land Uses) of this title.

C. Review Authority. A limited term permit may be approved or denied by the director, in compliance with this section.

1. Emergency Facilities. Temporary facilities to accommodate emergency public health and safety needs and activities;

2. Garage Sales. Garage sales, not to exceed three per year, and two consecutive days for each sale;

3. Public Property, or Public Right-of-Way. Activities conducted on public property that are approved by the council or as otherwise required by the municipal code;

4. Fund-Raising Car Washes. Fund-raising car washes, not to exceed six per year, on property within a commercial or industrial zone, or on institutional property; Packet Pg. 88

6. Garden Stands and Produce Stands as allowed by Section 17.22.020 Table 2-2 (Allowable Land Uses) of this title.

SECTION 13: Amendment to the Cotati Municipal Code. Section 17.42.160 Residential accessory uses and structures is amended, as follows:

17.42.160 E1b:

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

SECTION 14: Amendment to the Cotati Municipal Code. Section 17.60.040 Application preparation and filing is amended, as follows:

B. Preapplication Neighborhood Meeting. Each discretionary project requiring a Tentative Map or with a scope of development greater than one acre shall require a preapplication neighborhood meeting in compliance with the following requirements, to provide the opportunity for early input by affected neighbors. While neighborhood consensus or agreement is the goal, it is not a required outcome of the neighborhood meetings.

2. When neighborhood meetings are not required:

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a. Neighborhood meetings are not required for nonresidential development proposals that are surrounded by nonresidential zoning districts and General Plan land use categories, unless there is an effect on a residential neighborhood, regardless of whether a public hearing is required.
b. Neighborhood meetings are not required for “ministerial” projects, including the issuance of Building Permits or other applications where the discretionary approval or permit has been granted.

4.Timing of neighborhood meeting.
a. When required, a neighborhood meeting shall be held before submittal of the application for the development proposal, except as identified in subparagraph 1b, above.
b. If the neighborhood meeting is held after submittal of the application for development, the application shall not be deemed complete until after the neighborhood meeting has been held.

5. Follow-up meeting encouraged. When a neighborhood meeting has been held before submittal of the application, applicants are encouraged to hold one or more follow-up neighborhood meetings with interested citizens to explain project changes prior to public hearings on the project.

7. Staff responsibilities at meeting. City staff is required to attend the neighborhood meetings. The staff role is to identify and explain the City’s development review process and the adopted land use policies, including provisions of the General Plan and the Zoning Code as they relate to the development proposal under consideration. Staff may provide objective commentary on the proposal but is not expected to present a position or Packet Pg. 90
recommendation on the proposal at the neighborhood meeting. Staff shall also serve as moderator/facilitator and take meeting notes.

SECTION 15: Amendment to the Cotati Municipal Code. Section 17.88.020 Notice of Hearing is amended, as follows:

SECTION 16: Amendment to the Cotati Municipal Code. Section 17.90.020 Definitions of specialized terms and phrases is amended, as shown in the added definitions, in alphabetical order, as follows:
“Community garden” means a site used for growing plants for food, fiber, herbs, flowers, and other usesfor personal use and/or donation, which is shared and maintained by community residents and/or a nonprofit, educational, governmental, or other charitable organization. “Crop production, horticulture, orchard, vineyard” means commercial agricultural production field and orchard uses, including the production of the following, primarily in the soil on the site and not in containers, other than for initial propagation prior to planting in the soil on the site:
field crops, flowers and seeds, fruits, grains, melons, ornamental crops, tree nuts, trees and sod, vegetables, and wine and table grapes.

Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, crop processing and retail sales in the Packet Pg. 91
field such as Community Supported Agriculture (CSA), not including sales sheds, which are instead defined under “Produce stand.” Does not include greenhouses which are instead defined under “Plant nursery,” and “Residential accessory use or structure,” or containerized crop production, which is instead defined under “Plant nursery.” Does not include home gardening, which is allowed as an accessory use in all zoning districts without city approval “Market Garden” means small-scale agricultural production for sale or donation, as an accessory use on a residential property with at least one dwelling unit. “Garden Stand” means a temporary business established and operated for a specific time, selling raw, unprocessed fruits, vegetables, nuts, eggs, and other produce in its raw or natural state, and/or prepared food items made from produce grown on-site or on an adjacent site and produced and sold according to Cottage Food Operation registration and permit requirements of the County of Sonoma Department of Health Services and any requirements of the State of California, and that is accessory to an on-site Market Garden use. “Produce stand” means a temporary business established and operated for a specific time, selling raw, unprocessed fruits, vegetables, nuts, eggs, and other produce in its raw or natural state, and/or prepared food items made from produce grown on-site or on an adjacent site and produced and sold according to Cottage Food Operation registration and permit requirements of the County of Sonoma Department of Health Services and any requirements of the State of California, and that is accessory to an on-site Urban Agriculture use. “Urban Agriculture” means the Community garden; Crop Production, horticulture, orchard, vineyard; and Market garden land uses.

SECTION 17: Amendment to the Zoning Map. The property located at 175 W. Sierra Avenue (“Veronda-Faletti Ranch”) is hereby re-zoned to Open Space, Recreation (OSR).

SECTION 18: Construction and severability.

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

SECTION 19: Effective date.

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

Packet Pg. 92
SECTION 20: Publication. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

To: City Council
Subject: Introduction of an Ordinance to amend the City's land use code to create a Woonerf design standard for multi-family, mixed-use, and other private developments, Citywide
Date: October 11, 2022
Written by: Autumn Buss, Associate Planner
Recommendation
It is recommended by the Community Development Department and the Planning Commission of the City of Cotati that the City Council introduce an Ordinance that would allow for the development and regulation of Woonerfs (multi-use/multi-modal zones) as part of certain new private development projects.

I. Background
On May 3, 2021, staff presented a proposal to amend the City’s multifamily open space standards to create a menu of useable open space options. The Woonerf concept was introduced and included as an option for providing this required common space.

On June 21, 2021, the Planning Commission held a public hearing on the Multifamily Objective Design Standards and voted to recommend approval of the proposed standards, including the Woonerf as an option.

On August 10, 2021, the City Council held a public hearing on the recommended Multifamily Objective Design Standards and discussed the Woonerf concept. Generally, the Council supported the Woonerf concept, but there was not a consensus on whether to count the Woonerf towards the required useable open space requirement. The City Council continued the item to allow staff to respond to the various questions and issues raised by the Council.

On September 28, 2021, the City Council held a second public hearing on the recommended Multifamily Objective Design Standards. At the hearing the City Council reached a consensus on the Woonerf issues and voted 5 to 0 to approve the Multifamily Objective Design Standards with modifications. The major modifications included capping the amount of common indoor recreation that could be counted as useable open space at 15-percent and to remove the Woonerf as a useable open space option. It was the City Council’s position that Woonerfs should generally be required for all new multifamily developments and the Council directed staff to Packet Pg. 94
Public Hearing
draft an Ordinance to amend the Cotati Land Use Code to establish Woonerf requirements and standards, citywide. Staff has prepared draft Woonerf-living streets (multi-use zone) standards and an Ordinance to adopt them.

On November 1, 2021, the Planning Commission held a public hearing to review the proposed amendments to Chapters 17.36.100 and 17.90.020 of the Cotati Municipal Code, creating and regulating the Woonerf-living street as a development required design element. After reviewing and providing some direction to staff, the Commission voted to approve a resolution recommending adoption of an Ordinance to define and regulate Woonerfs to the City Council.

On December 14, 2021, the City Council held a public hearing to review the proposed amendments to Chapters 17.36.100 and 17.90.020 of the Cotati Municipal Code, creating and regulating the Woonerf as a development required design element. After reviewing the draft Ordinance and hearing public comment, the Council directed staff to make certain revisions to the draft Ordinance for future Planning Commission and Council consideration.

On September 19, 2022, the Planning Commission held a public hearing on the revised draft Ordinance and passed a resolution recommending that the City Council adopt the draft Ordinance with minor changes. The Planning Commission also requested the Council consider whether the proposed 60-foot transition zone between an arterial and a woonerf entrance is appropriate.

II. Analysis/Discussion
Generally, a woonerf is a street/driveway that takes the focus off the automobile, instead prioritizing pedestrians and cyclists. Through the absence of sidewalk boundaries, curbs, and distinct lanes, those on foot and bike have equal access to the street/driveway in a woonerf.

Traffic calming features consist of pedestrian amenities and decorative elements rather than speedbumps which do not add the pedestrian experience. Woonerfs are often used on public streets in the Netherlands to create public space in front of homes to provide a place to play, socialize, and engage in the community. In the United States the woonerf has been used as a placemaking strategy to create a more pedestrian-friendly environment within existing commercial areas as part of redevelopment projects.

The proposal before the City Council is an ordinance amending the Land Use Code to require new multifamily and horizontal mixed-use developments to include a woonerf(s) as a part of projects to make internal driveways more welcoming, appealing, and safer for everyone and to promote more options for common space. A woonerf will typically include features such as street furniture, planters, street trees, and benches, creating more opportunity for social interaction and bringing more people to driveways to walk, bike and play, while still accommodating automobile circulation and parking. For more information about Woonerfs, see Attachment 1: December 14, 2021 Staff Report to City Council on Draft Ordinance to create Woonerfs.

The City Council reviewed the previous draft Ordinance related to woonerfs in December 2021, Packet Pg. 95
and directed staff to make revisions reflecting certain concerns, including:
• Define “internal driveway” and require that all qualifying internal driveways within a development may be candidates for woonerfs.
• Remove the requirement of a minimum of 100 square feet of woonerf per dwelling in favor of design standards that will maximize the amount of woonerf space in each new development.
• Ensure that woonerfs are not placed on driveways that accommodate heavy motor vehicle circulation.

The revised draft Ordinance currently presented for the Council’s consideration includes revisions that attempt to address these concerns, as well as providing clarification and further refinement of the previous draft’s standards for clarification and in order to increase user comfort and safety within the woonerf. Major components of the current draft Ordinance are summarized below.

1. Woonerfs are generally required for new multifamily and horizontal-mixed use developments with private internal driveways that provide vehicular access within a single project. All internal driveways are candidates for woonerfs, with the goal of maximizing the amount of woonerf space within a given development. (This provision replaces the minimum 100 square feet of woonerf per dwelling unit proposed in the previous version of the draft Ordinance.)

2. “Internal driveway” is added to the definitions in the Land Use Code.

3. Internal driveways that accommodate heavy motor vehicular circulation (defined as more than 100 motor vehicles trips during the afternoon or evening peak hour) will not be subject to the woonerf requirement, although developers will be encouraged to design developments to reduce the occurrence of such heavy-traffic driveways and maximize the opportunities for woonerfs. Woonerfs shall be designed to minimize cut-through traffic by non-residents.

4. Woonerfs may be designed for one-way or two-way vehicular traffic.

5. The speed limit within a woonerf shall be 8 miles per hour, applied to all wheeled vehicles or devices.

6. Woonerfs shall be located in proximity to residential entries and common areas.

7. Woonerfs shall include clear and distinctive entrances and exits with signage, a change in pavement, and traffic calming features. Exits shall be clearly marked so that users are aware of the transition out of the woonerf environment.

8. Entrances to each woonerf shall be preceded by a transition zone of 20 feet from a public connector street or intersection with another (non-woonerf) driveway, or 60 feet from an Packet Pg. 96
arterial, to allow drivers time to reduce speed, facilitate vehicle stacking to avoid blocking streets and sidewalks, and improve emergency vehicle access. The transition zone shall be designed to slow traffic and alert drivers to the upcoming woonerf, with cautionary signage and a narrowed driveway, landscaping, and/or other measures.

9. Traffic calming measures shall be no less than 100 feet apart within the woonerf.

10. Emergency vehicle access shall be provided as approved by the Fire Marshal.

11. The minimum length of a Woonerf shall be 60 feet; there is no maximum length. The width may vary throughout the Woonerf to allow for traffic calming, seating, other amenities, and, as needed, motor vehicle passing bays.

12. Continuous curbs are prohibited to emphasize that the woonerf is a shared space.

13. The woonerf shall incorporate seating, landscaping, and other pedestrian and decorative amenities along its full length to promote common use of the space and to calm traffic.

Seating areas shall be provided at no less than 100 feet apart.

14. The surface shall be decorative pavement for the full length and width of the woonerf.

Permeable pavement is allowed.

15. Motor vehicle parking within and adjacent to a Woonerf is permitted provided the parking is intermittent and designed to calm traffic. Parallel parking is preferred, but non-parallel parking may be allowed. A woonerf adjacent to enclosed garages shall be allowed, but without tandem parking in front of such garages. Parking spaces within the woonerf will not be allowed within 35 feet of woonerf exits or entrances.

16. Bicycle parking shall be provided in the woonerf in accordance with standards in the Land Use Code and Bicycle and Pedestrian Master Plan.

17. Woonerf space shall not be used to meet the open space or other common space required for a development.

18. Developers may request approval of alternatives to woonerfs on a project-by-project basis, if such alternative design concepts are superior in terms of creating usable, safe, pleasant outdoor spaces for residents and reducing the impacts of motor vehicles. Such alternatives might include peripheral parking, clustered parking, and/or significant centralized open space amenities that serve all of the residential units.

For more information about the revisions to the draft ordinance in response to Council direction at the December 14, 2021 City Council meeting, please see Attachment 2: Redline of revisions from December 14, 2021 version of Draft Ordinance.

III. General Plan Consistency
Below is a summary of some of the most applicable General Plan policies that apply to the Packet Pg. 97
Woonerf Ordinance.

Policy CON 2.1: Improve air quality through continuing to require a compact development pattern that focuses growth in and around existing urbanized areas, locating new housing near places of employment, encouraging alternative modes of transportation, and requiring projects to mitigate significant air quality impacts.

Goal H-2: Provide adequate sites to accommodate the housing needs of all economic segments of the community.

Policy H-2.6: 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.

Goal H-3: Expand affordable housing opportunities for lower income households and persons with special housing needs, including seniors, disabled persons, large households, and homeless persons and families.

Goal H-5: Promote energy efficiency and conservation in residential development.

Policy H-5-2 Encourage energy efficiency and energy conservation in existing and proposed residential development to ensure sustainable practices and reduce long-term housing costs.

Goal H-6: Ensure public participation in the development of the City’s housing policies.

Staff finds that the proposed Woonerf Ordinance is consistent with the adopted Cotati General Plan in that the Ordinance would require a circulation design element that would encourage compact development and encourage alternative transportation modes, require new development to incorporate design elements to reduce reliance on automobiles and calm traffic circulation speeds, thereby reducing the costs of transportation for some residents while also improving safety; would incorporate seating and universal design elements into the circulation networks of private development to reduce circulation barriers to seniors, disabled persons and other special needs populations; further support energy conservation and sustainable practices in residential development by accommodating all modes of transportation and requiring landscaping in circulation areas; and would do so through a collaborative and publicly engaged process.

IV. Planning Commission Review and Recommendtion
On September 19, 2022, the Planning Commission reviewed and considered the draft ordinance at a Public Hearing. After hearing the staff presentation and asking some clarifying questions, the Commission heard comments from the public. Following discussion, the Planning Commission voted to support the proposed Woonerf ordinance with minor changes and passed a resolution recommending City Council approval. Changes requested by the Planning Commission have been made to the draft ordinance for the Council’s review, and include:

Packet Pg. 98

1. Add “lane” to the definition of internal driveway for increased clarity. This expands on the previous list of “private driveway, accessway, driving aisle, street, or alley.”

2. Apply the 8 mph speed limit in the woonerf to all wheeled vehicles and devices, in addition to motor vehicles. This would encompass bicycles, scooters, skateboards, rollerblades, etc.

In addition, the Planning Commission expressed concern that the proposed transition zone of 60 feet from an arterial to the entrance to a woonerf is excessive, and would result in unnecessary additional pavement, reduced overall woonerf area, and driver acceleration on approaching the woonerf entrance. However, staff remains supportive of the 60-foot transition zone from arterials (E. Cotati Avenue, Old Redwood Highway, and Gravenstein Highway) in order to allow drivers to reduce speed, allow sufficient vehicle stacking to avoid blocking sidewalks or traffic on the arterial, and facilitate emergency vehicle access.

In an effort to clarify the nature of the transition zone, staff amended the draft ordinance following the Planning Commission to specify that transition zones shall be designed to slow traffic and alert drivers to the upcoming woonerf, with cautionary signage and a narrowed driveway, landscaping, and/or other measures.

V. Financial Considerations
With the exception of the staff time needed to create the Woonerf Ordinance, here are no direct financial impacts to the general fund associated with the creation of the Woonerf Ordinance.

There may be some additional cost associated with the inclusion of a woonerf in the design of future development projects withing the city, however these are likely to be marginal and not a significant strain on the budget of an individual project.

VI. Environmental Issues
The City of Cotati is proposing changes to the Land Use Code to allow for the development and regulation of woonerfs within new private developments to provide increased use of common space by requiring and/or allowing woonerfs to enhance the use of internal driveways by providing pedestrian amenities and utilizing traffic calming techniques. The code changes are also intended to maintain the potential intensity of development that may otherwise be permitted in the underlying zoning district where a woonerf may be developed. Thus, the proposed code changes maintain the current potential for environmental impacts as analyzed in the Cotati General Plan Environmental Impact Report (EIR) (SCH# 2013-08-2037), certified in March 2015.

Packet Pg. 99
No physical changes to the environment will result from adoption of the proposed code amendments alone. Future Woonerf developments allowed by the code changes would be subject to individual review and to project-specific use, development, and design standards on a project specific basis, including project-level CEQA analysis if applicable. Evaluation of future projectlevel impacts would be too speculative to include in this analysis. Accordingly, pursuant to CEQA Guidelines section 15145, project level impacts are not discussed herein.

VIII. Summary and Staff Recommendations
It is recommended by the Community Development Department and the Planning Commission of the City of Cotati that the City Council introduce an Ordinance that would allow for the development and regulation of Woonerfs (multi-use/multi-modal zones) as part of certain new private development projects.

Attachments:

1. December 14, 2021 Staff Report to City Council on Draft Ordinance to create Woonerfs

2. Redline of revisions from December 14, 2021 version of Draft Ordinance

3. Powerpoint presentation for October 11, 2022 City Council meeting Attachments:

Attachment 1 December 14, 2021 Staff Report to City Council on Draft Ordinance to create Woonerfs (PDF)
Attachment 2 Redline of revisions from December 14, 2021 version of draft ordinance (PDF) Attachment 3 Powerpoint presentation 10.11.22 (PDF)
Packet Pg. 100
Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Introduction of an ordinance to amend the City's land use code to create a Woonerf-Living Street design standard for multi-family, mixed-use and other private developments, Citywide
Date: December 14, 2021
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended by the Planning Commission and Community Development Department that the City Council of the City of Cotati introduce an Ordinance that would allow for the development and regulation of woonerfs-living streets (multi-use zones) as part of certain new private development projects.

Background
On May 3, 2021, staff presented a proposal to amend the City’s multifamily open space standards to create a menu of useable open space options. The woonerf concept was introduced and included as an option for providing this required common space.

On August 10, 2021, the City Council held a public hearing on the recommended Multifamily Objective Design Standards and discussed the woonerf concept. Generally, the Council supported the woonerf concept, but there was not a consensus on whether to count the woonerf towards the required useable open space requirement. The City Council continued the item to allow staff to respond to the various questions and issues raised by the Council.

On September 28, 2021, the City Council held a second public hearing on the recommended Multifamily Objective Design Standards. At the hearing the City Council reached a consensus on the woonerf issues and voted 5 to 0 to approve the Multifamily Objective Design Standards with modifications. The major modifications included capping the amount of common indoor recreation that could be counted as useable open space at 15-percent and to remove the woonerf as a useable open space option. It was the City Council’s position that woonerfs should generally be required for all new multifamily developments and the Council directed staff to

10.A
Packet Pg. 286

11.a
Packet Pg. 101 Attachment: Attachment 1 December 14, 2021 Staff Report to City Council on Draft Ordinance to create Woonerfs (Woonerf Standards draft an ordinance to amend the Cotati Land Use Code to establish woonerf requirements and standards, citywide. Staff has prepared draft woonerf-living streets (multi-use zone) standards and an ordinance to adopt them.

On November 1, 2021, the Planning Commission held a public hearing to review the proposed amendments to Chapters 17.36.100 and 7.90 of the Cotati Municipal Code, creating and regulating the woonerf-living street as a development required design element. After reviewing and providing some direction to staff, the Commission voted to approve a resolution recommending adoption of an Ordinance to define and regulate Woonerfs to the City Council.

Analysis/Discussion
Generally, a woonerf is a street/accessway that takes the focus off the automobile and instead prioritizes pedestrians, and cyclists. Through the absence of sidewalk boundaries, curbs, and distinct lanes, those on foot and bike have equal access to the street/driveway. Traffic calming features consist of pedestrian amenities and decorative elements rather than speedbumps which do not add the pedestrian experience. Woonerfs are often used on public streets in the Netherlands to create public space in front of homes to provide a place to play, socialize, and engage in the community. In the United States the woonerf has been used as a placemaking strategy to create a more pedestrian friendly environment within existing commercial areas as part of redevelopment projects.

The proposal before the Council is an amendment to the Land Use Code is to require new multifamily and horizontal mixed-use developments to include a woonerf(s) as a part of projects to make certain driveways/accessways internal to the project more welcoming, appealing, and safer for everyone, and to promote greater options for common space. A woonerf will typically include features such as street furniture, planters, street trees, and benches, creating more opportunity for social interaction and bringing more people out to driveways/accessways to walk, bike and play, while still accommodating automobile circulation and parking.

10.A
Packet Pg. 287

11.a
Packet Pg. 102 Attachment: Attachment 1 December 14, 2021 Staff Report to City Council on Draft Ordinance to create Woonerfs (Woonerf Standards Photos of Netherland Woonerf Examples
Major components of the attached draft ordinance are summarized below:

10.A
Packet Pg. 288

11.a
Packet Pg. 103 Attachment: Attachment 1 December 14, 2021 Staff Report to City Council on Draft Ordinance to create Woonerfs (Woonerf Standards o Generally required for new multifamily and horizontal-mixed use developments that include a private internal driveway that provides vehicular access within a single project. o Are to be included on driveways that function as a street or alley where the car should not be the predominant circulation element and located in proximity to residential entries and common areas.
o A minimum of 100 square feet of woonerf shall be provided within the project for each dwelling unit.
o Shall include a clear and distinctive entrance with signage, change in pavement and traffic calming features as shown in the example above.
o A transition of 20 feet to 60 feet shall be provided between the woonerf entry and the intersection with another driveway or street. In all cases a minimum clear 20 feet of clear sight distance shall be provided prior to the woonerf entrance. o Traffic calming measures shall be no less than 160 feet apart within the woonerf. o Emergency vehicle access shall be provided as approved by the Fire Marshal. o The minimum length should be 60 feet and maximum length should not exceed approximately 300 feet.
o Continuous curbs are prohibited to emphasize that the woonerf is a shared space. o The woonerf shall incorporate seating, landscaping, and other pedestrian, and decorative amenities along its full length to promote common use of the space and to calm traffic. o The surface shall be decorative pavement for the full length and width of the woonerf. o Parking within and adjacent to a woonerf is permitted provided the parking is intermittent and designed to calm traffic.
o Areas not appropriate for woonerf include the typical double-loaded head-in open parking lot or leftover fringe areas of the development as shown in the photo below:

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Packet Pg. 104 Attachment: Attachment 1 December 14, 2021 Staff Report to City Council on Draft Ordinance to create Woonerfs (Woonerf Standards Woonerf Design Examples and Requirements
The proposal before the City Council is unique in that the draft ordinance includes standards and regulations regarding the development of woonerfs as part of new private development projects.

Historically, woonerfs have been used to retrofit existing streets to calm traffic and improve the pedestrian experience. As such, examples of woonerfs developed as a part of a new residential project are limited. Known examples include the Tower Apartments located at the intersection of East Cotati Avenue and Lancaster Drive (shown below). This is an affordable 50-unit apartment project that includes a central driveway that includes some woonerf elements such as decorative pavement and eliminated curbs in the center portion adjacent to common open space and community buildings. The perimeter driveways are constructed in a typical parking lot configuration.

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Packet Pg. 105 Attachment: Attachment 1 December 14, 2021 Staff Report to City Council on Draft Ordinance to create Woonerfs (Woonerf Standards Tower Apartments-781 E. Cotati Avenue- includes woonerf elements Intersection of a “woonerf” and a typical parking lot driveway

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Packet Pg. 106 Attachment: Attachment 1 December 14, 2021 Staff Report to City Council on Draft Ordinance to create Woonerfs (Woonerf Standards Aerial View of Tower Apartments “woonerf”
A separate example, Riggs Park Place, is a 90- unit townhome project under construction in Washington D.C that includes a woonerf as a central vocal point. The Riggs Park Place site plan and woonerf are shown below. Both examples are similar in that the woonerf is limited to a centrally located drive aisle that appears and functions as a street or alley with limited or no parking.

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Packet Pg. 107 Attachment: Attachment 1 December 14, 2021 Staff Report to City Council on Draft Ordinance to create Woonerfs (Woonerf Standards Riggs Park Place
- Washington D.C

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Packet Pg. 108 Attachment: Attachment 1 December 14, 2021 Staff Report to City Council on Draft Ordinance to create Woonerfs (Woonerf Standards Based upon the examples available, studies that have been completed regarding the conversion of existing streets to woonerfs and input from the Planning Commission, staff has prepared the attached draft ordinance. In general, the proposed standards do not require all driveways and parking areas within a multiple-family project to be designed as a woonerf. Rather, the draft standards require a limited portion of the project to include a woonerf similar in scale to the two examples show above. The proposed standards require a minimum of 100 square feet of woonerf area per dwelling (comparable to the amount provided in the Tower Apartment project shown above) and specify that the woonerf include decorative paving, curb-less design, integrated landscaping, and seating along the entire length. The proposed standards allow for parallel parking within the woonerf similar to a street, but also allow for head-in parking in some circumstances provided the parking is intermittently spaced along the woonerf.

General Plan
Below is a summary of some of the most applicable General Plan policies that apply to the woonerf ordinance.

Goal H-2: Provide adequate sites to accommodate the housing needs of all economic segments of the community.

Goal H-5: Promote energy efficiency and conservation in residential development.

Policy H-5-2 Encourage energy efficiency and energy conservation in existing and proposed residential development to ensure sustainable practices and reduce long-term housing costs.

Goal H-6: Ensure public participation in the development of the City’s housing policies.

Staff Response:

Staff finds that the proposed Woonerf-Living Street Ordinance is consistent with the adopted Cotati General Plan in that the Ordinance would require a circulation design element that would encourage compact development and encourage alternative transportation modes, require new development to incorporate design elements to reduce reliance on automobiles and calm traffic circulation speeds, thereby reducing the costs of transportation for some residents while also

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Packet Pg. 294

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Packet Pg. 109 Attachment: Attachment 1 December 14, 2021 Staff Report to City Council on Draft Ordinance to create Woonerfs (Woonerf Standards improving safety; would incorporate seating and universal design elements into the circulation networks of private development to reduce circulation barriers to seniors, disabled persons and other special needs populations; further support energy conservation and sustainable practices in residential development by accommodating all modes of transportation and requiring landscaping in circulation areas; and would do so through a collaborative and publicly engaged process.

Planning Commission Review and Recommendation
On November 1, 2021, the Planning Commission reviewed and considered the draft ordinance at a Public Hearing. After hearing the staff presentation and asking some clarifying questions, the Commission heard comments from the public. Generally, these comments requested that the Ordinance truly seek to make woonerf design multimodal, making cars, bicycles and pedestrians equal in their importance. After closing the Public Hearing, the Commission voted to support the woonerf-living streets ordinance, but requested additional changes be made to:

1. Consider eliminating references to automobile driver priorities.

2. Consider changes to the width requirements to allow more flexibility in the traffic calming efforts and design choices.

3. Support full multi-modal design within the woonerf.

Staff responded by eliminating any specific width requirement (but keeping the emergency vehicle access compliance and Fire Marshall approval); eliminating any references to automobile driver preferences and adding some additional design requirements to further support pedestrian and bicycle use of the space.

Financial Considerations
With the exception of the staff time needed to create the woonerf ordinance, here are no direct financial impacts to the general fund associated with the creation of the woonerf ordinance.

Environmental Issues
The City of Cotati is proposing changes to the Land Use Code to allow for the development and regulation of woonerfs-living streets within new private developments to provide increased use of common space by requiring and/or allowing woonerfs to enhance the use of internal driveway/accessways by providing pedestrian amenities and utilizing traffic calming techniques.

The code changes are also intended to maintain the potential intensity of development that may otherwise be permitted in the underlying zoning district where a woonerf may be developed.

Thus, the proposed code changes maintain the current potential for environmental impacts as

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Packet Pg. 295

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Packet Pg. 110 Attachment: Attachment 1 December 14, 2021 Staff Report to City Council on Draft Ordinance to create Woonerfs (Woonerf Standards analyzed in the Cotati General Plan Environmental Impact Report (EIR) (SCH# 2013-08-2037), certified in March 2015.

No physical changes to the environment will result from adoption of the proposed code amendments alone. Future woonerf developments allowed by the code changes would be subject to individual review and to project-specific use, development, and design standards on a project specific basis, including project-level CEQA analysis if applicable. Evaluation of future projectlevel impacts would be too speculative to include in this analysis. Accordingly, pursuant to CEQA Guidelines section 15145, project level impacts are not discussed herein.

Attachments:

Public comment_Woonerfs to Cotati City Council (PDF)

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Packet Pg. 111 Attachment: Attachment 1 December 14, 2021 Staff Report to City Council on Draft Ordinance to create Woonerfs (Woonerf Standards DRAFT
ORDINANCE NO.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF COTATI ADOPTING AMENDMENTS TO TITLE 17 (LAND USE) OF THE COTATI MUNICIPAL CODE TO

ESTABLISH DESIGN STANDARDS AND REGULATIONS FOR THE DEVELOPMENT OF “WOONERFS-LIVING STREETS” (MULTI-USE ZONES) WITHIN

MULTIFAMILY, MIXED USE AND OTHER PRIVATE DEVELOPMENT PROJECTS BY ADDING SECTIONF TO CHAPTER 17.36.100 DRIVEWAYS AND SITE ACCESS AND AMENDING CHAPTER 17.90 (DEFINITIONS)
WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, on June 21, 2021, the Planning Commission helda duly noticed public hearing regarding multifamily objective design standards and amendments to the multifamily open space standards which included the allowance of woonerfs within multifamily projects and adopted Resolution No. PC-2021-5 recommending that the Cotati Land Use Code be amended to allow the development of woonerfs within certain private development projects; and WHEREAS, on August 10, 2021, and September 28, 2021, the City Council held duly public hearings regarding the multifamily objective design standards and amendments to the multifamily open space standards and introduced an ordinance to approve the amendments to the Land Use Code and directed staff to prepare draft amendments to the Cotati Land Use Code regarding the inclusion of woonerfs-living streets (multi-use zones) within new multifamily projects; and
WHEREAS, City staff has researched available information regarding the development of woonerfs on public streets and within private developments and prepared draft amendments to the Cotati Land Use Code to require and/or allow the development of woonerfs within new private development projects and outside of the public right-of-way; and WHEREAS, on November 1, 2021, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed amendments to Chapters 17.36.100 and

7.90 of the Cotati Municipal Code. After reviewing and providing some direction to staff, the Commission voted to approvea resolution recommending adoption of an Ordinance to define and regulate Woonerfs to the City Council; and
WHEREAS, on December 14, 2021, the City Council of the City of Cotati helda duly noticed public hearing ona draft Ordinance to define and regulate Woonerfs, received the staff report and revieweda presentation from the Planning Division, considered all oral and written comments submitted to the City regarding the item, and directed staff to make certain revisions to the draft ordinance; and.

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Packet Pg. 112 Attachment: Attachment 2 Redline of revisions from December 14, 2021 version of draft ordinance (Woonerf Standards Ordinance) WHEREAS, on 2022, the City Council of the City of Cotati held a duly noticed
public hearing ona revised draft Ordinance to define and regulate Woonerfs, received the staff report and revieweda presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the item prior to taking its action on the item.

WHEREAS, one of the purposes of Title 17 of the City’s Municipal Code is to ensure that proposed development is of human scale, primarily pedestrian-oriented, and designed to create attractive streetscapes and pedestrian spaces; and WHEREAS, one of the purposes of Chapter 17.36-Parking and Loading of the Cotati Municipal Code is to create parking facilities that are properly designed and attractive.

WHEREAS, on December 14, 2021, the City Council of the City of Cotati helda duly noticed public hearing, received the staff report and revieweda presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the item prior to taking its action on the item.

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

SECTION 1: Recitals.

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

SECTION 2: Record
The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the 2015 General Plan, 2) the FEIR certified for the 2015 General Plan, 3) the Housing Element adopted by the City Council in 2015, and 4) all staff reports, City files and records and other documents prepared for and/or submitted to the City Council related to adoption of the “Woonerfs-Living Streets” (Multi-Use/Multi-Modal Zones) Ordinance.

SECTION 3: General Plan Consistency
The Council of the City of Cotati does hereby find that the proposed ordinance to amend the Land Use Code to establish Woonerfs-Living Streets” (Multi-Use/Multi-Modal Zones) for multifamily and commercial developments, as shown in this Ordinance, are in the best interest of the City in that they will further established goals, policies and implementation programs of the General Plan to promote development and facilities that are of human scale; to promote social interaction within multifamily and other commercial development projects; to maintaina diverse range of housing options witha focus on in-fill development; and will limit the extension of city services by providing more amenities within the built environment adjacent to new development.

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

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Packet Pg. 113 Attachment: Attachment 2 Redline of revisions from December 14, 2021 version of draft ordinance (Woonerf Standards Ordinance) and Housing Element policies and programs:

Policy CON 2.1: Improve air quality through continuing to requirea compact development pattern that focuses growth in and around existing urbanized areas, locating new housing near places of employment, encouraging alternative modes of transportation, and requiring projects to mitigate significant air quality impacts.

Objective LU 1B: Ensure that new growth is focused around existing development and does not facilitate the inefficient extension of city services.

Objective LU 1C: Encourage and, when possible, prioritize development of infill and underutilized sites within mostly developed areas, in order to minimize the premature extension of infrastructure
Action LU 1c: Prioritize the processing of development applications for infill, underutilized, or vacant parcels designated for urban uses over those projects requiring annexation.

Policy LU 2.2: Encourage clustering of housing so that larger areas of open space may be permanently preserved.

Objective LU 4A: Ensurea streamlined and equitable process for project permitting and outside agency coordination without compromising the enforcement of local land use regulations.

GoalH-1: Conserve and improve the existing housing stock to provide adequate, safe, and decent housing for all Cotati residents.

GoalH-2: Provide adequate sites to accommodate the housing needs of all economic segments of the community.

PolicyH-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.

PolicyH-2.4: 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 in order to accommodate specific projects, while affirming all other goals of the City’s General Plan, in order to maintain Cotati’s rural character.

PolicyH-2.6: 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 fora range of income levels and housing types, including housing to accommodate special needs populations.

PolicyH-2.8 Require housing developments to provide housing stock ata range of affordability levels to assist in meeting the City’s housing needs as required by Chapter 17.31 of the Land Use Code.

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Packet Pg. 114 Attachment: Attachment 2 Redline of revisions from December 14, 2021 version of draft ordinance (Woonerf Standards Ordinance) Policy
H-2.12: Encourage housing development on existing infill sites in order to efficiently utilize existing infrastructure.

GoalH-3: Expand affordable housing opportunities for lower income households and persons with special housing needs, including seniors, disabled persons, large households, and homeless persons and families.

PolicyH3-1: Ensure that the City’s development standards encourage development ofa range of housing types, including multifamily, mixed use, high density residential, second units, and single family units, and incentivize production of lower income housing.

PolicyH3-2: Provide incentives for affordable housing development, including density bonuses, expedited processing, relaxation in development standards, and either reduction, delay, or waiver of fees when financially feasible.

PolicyH3-7: Encourage housing for large families.

GoalH-5: Promote energy efficiency and conservation in residentialdevelopment.

PolicyH5-2 Encourage energy efficiency and energy conservation in existing and proposed residential development to ensure sustainable practices and reduce long-term housing costs.

GoalH-6: Ensure public participation in the development of the City’s housing policies.

SECTION 4: Compliance with the California Environmental Quality Act.

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

SECTION 5: Amendment to the Cotati Municipal Code. Chapter 17.36.100 is amended as follows:

17.36.100 Driveways and site access.

F. Woonerf-Living Street (Multi-Use/Multi-Modal Zone). Any internal driveway withina Mmultifamily development or and the residential portion(s)s ofa horizontal mixed-use projects which utilizea private driveway internal to the development to provide access to multiple dwellings shall be designed as includea woonerf in keeping with the standards of this section.(s).

WAwoonerfs or woonerf elements may also be included asa part of other residential projects such as cottage courts and single family developments and in commercial developments to the extent feasible.

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Packet Pg. 115 Attachment: Attachment 2 Redline of revisions from December 14, 2021 version of draft ordinance (Woonerf Standards Ordinance) Formatted: Indent: Left: 0.75", No bullets or
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A woonerf is an internal driveway within a development used as a multi-modal, multi-use shared space where priority is given to pedestrians and bicycles. Motor vehicles are considered guests in a woonerf, and as such, are subject to traffic calming and reduced speed limits in order to force drivers to reduce travel speeds and drive with caution so that all users feel welcome and safe.

Features of woonerfs include special paving and signage, a curbless design, traffic calming measures, and integration of trees, landscape elements, seating, lighting, and other amenities.

Woonerfs also function as play courts, recreation spaces, and/or social areas for residents. The presence of woonerfs can promote more social interaction and enhance the appearance of a private development for the benefit of the development’s residents and visitors.

A woonerf is a shared-use space designed equally for pedestrians, bicycles, and recreational uses that may allow slow moving automobiles and other vehicles (motorists are considered guests within the woonerf). A woonerf shall include traffic calming measures to force motorist to slow down and drive with caution to ensure co-existence of vehicles and non-vehicular users. All users should feel welcome and safe. A woonerf shall include features such as street furniture, decorative paving, landscaping, and other design elements to promote greater use of the common space, clam vehicular traffic and enhance the appearance of a private development for the benefit of the development’s residents and visitors.

1. Location of a Woonerf.

Internal driveways within a development shall be designed as woonerfs in accordance with this Section, with the exception of except those accommodating heavy circulation, which shall be defined as those experiencing more than 100 motor vehicles trips during the afternoon or evening peak hour. To the extent possible, developments shall be designed to distribute motor vehicle travel such that as many internal driveways as possible are suitable for woonerfs.

A.Woonerfs shall be located entirely on privately owned property, outside of the public right-of-way, and Shall be located on the same parcel as the development theyit serves.

A.Shall be located on privately owned property and outside of the public right-of-way.

A woonerf shall be located only on an internal driveway that serves a single development, and cannot be located on a shared driveway serving more than one development or on a driveway that provides a vehicular connection between developments.

B.A. Woonerfs sShall be located within the development near residential unit entries, and common areas, and other amenities; an excess area at the fringe of the development is generally not an appropriate location for a woonerf. A single development may include multiple woonerfs, which may be connected to one another.

Formatted: Indent: Left: 0.5", Hanging: 0.25",
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Packet Pg. 116 Attachment: Attachment 2 Redline of revisions from December 14, 2021 version of draft ordinance (Woonerf Standards Ordinance) C.A woonerf shall only be used on a driveway or drive aisle that serves only one development and cannot not be used on a shared accessway serving more than one development or on a driveway that provides a vehicular connection between developments.

Woonerfs should generally be provided on the portions of accessways/driveways where the car should not be the predominant element of the street; these accessway/driveways are generally located near the residential unit entries on accessways/driveways that generally function as a street or alley; generally, a driveway located within a double loaded, open (parking spaces not within a fully enclosed garage) parking lot, is not an appropriate location for a woonerf.

2. Woonerf Design and Development Standards.

A.Internal driveways within a development, and the development itself, shall be designed to maximize the woonerf square footage to create additional amenities for residents. A minimum 100 square feet of woonerf (not including areas devoted to parking) per dwelling unit shall be provided within the development.

B.Woonerfs may be designed for one-way or two-way motor vehicular traffic.

A.C. Woonerfs shall be designed to minimize the possibility on non-resident cutthrough travel from one public street to another.

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B.D. Each woonerf sShall have a clear and distinctive entrances and exits with a signage indicating the woonerf status, a change in pavement texture or color, and aat entrances, a traffic calming feature such as a ramp up and/or chicane. Design measures and signage shall be placed sufficiently in advance of exits to ensure that pedestrians and bicyclists are aware that they are leaving the woonerf.

E.WThe woonerf entrance(s) shall be a minimum of 20 feet from anyits intersection with a public street or non-woonerf /driveway (or 60 feet minimum from an arterial street) to provide a clear line of sight, allow motorists time to reduce speed, and allow sufficient motor vehicle stacking space (this distance shall be referred to as the “transition zone”).The transition zone shall be designed to slow traffic and alert drivers to the upcoming woonerf, with cautionary signage and a narrowed driveway, landscaping, and/or other measures.

F.The minimum length of a woonerf shall be 60 feet, excluding the transition zone(s).

Portions of the woonerf should be wider or narrower at various locations to allow for traffic calming, seating, other amenities, and/or safe motor vehicle passing, in the case of a two-way woonerf. The minimum non-obstructed width for motor vehicle travel at any point along the woonerf shall be 13 feet. Periodic passing bays shall be provided as needed to minimize conflict between vehicles traveling opposite directions, in the case of a two-way woonerf.

Formatted: Indent: Left: 0.5", Hanging: 0.25",
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Packet Pg. 117 Attachment: Attachment 2 Redline of revisions from December 14, 2021 version of draft ordinance (Woonerf Standards Ordinance) Continuous curbs shall be eliminated in a woonerf to emphasize that the space is shared between pedestrians, bicyclists, and motorists. Varying pavement, planters, decorative bollards and/or similar features shall be used to prevent and/or discourage motorists from using pedestrian-only areas. Seating and play areas shall be protected from the path of motor vehicles by bollards planters, and/or similar features.

D. A minimum 20 feet clear line of sight before the woonerf entrance is to be provided to create a transition between driveway/street and the woonerf.

G. Traffic calming measures internal to the woonerf, such as slight curves or narrowing of the shared drive aisle, shall be located no less than 100160 feet apart within the woonerf so that there is no length that would allow drivers to exceed the speed limit or otherwise to think operate their vehicles as though they have priority over pedestrians or bicyclists.

In addition, forward visibility within the woonerf shall be limited to the extent possible by chicanes, landscaped planters, or other suitable traffic calming measures in order to force drivers to reduce speed.

E.The following traffic calming measures are NOT appropriate for a woonerf: speed bumps, speed humps, speed tables, dips, medians, traffic lights, pedestrian crossings, bicycle lanes, and stop signs (except at woonerf exits/intersections).

F.H. The sSpeed limit in a woonerf shall be posted at 8 miles per hour. This speed limit will apply to all wheeled vehicles or devices, as well as motor vehicles.

Emergency vehicle access shall be required as determined by the Ffire Mmarshal. Trafficcalming measures and other elements must not interfere in emergency vehicle access; it is vital to ensure that emergency vehicles can enter and exit, as well as maneuver through the woonerf.

Clear space around fire hydrants must be provided to facilitate emergency access.

G.G.

H.Traffic-calming measures and other elements must not interfere in emergency vehicle access; it is vital to ensure that emergency vehicles can enter and exit, as well as maneuver through the woonerf.

I.The minimum length of a woonerf shall be 60 feet and the maximum length approximately 300 feet; portions of the woonerf may be wider or narrower at various locations to allow for traffic calming, seating and/or other amenities.

J.Continuous curbs shall be eliminated to emphasize that the space is shared between pedestrians, bicyclists, and motorists; varying pavement, planters, decorative bollards and/or other similar features maybe used as needed to prevent and/or discourage motorists from using any pedestrian only areas.

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Packet Pg. 118 Attachment: Attachment 2 Redline of revisions from December 14, 2021 version of draft ordinance (Woonerf Standards Ordinance) K.A woonerf Sshall incorporate outdoor seating;, landscaping including trees, consisting of planters, and shrubs and trees; bicycle parking; and pedestrian scale lighting to make the woonerf accessway more attractive and to calm traffic. ; sSeating areas shall be provided at a minimum of every 100 feet throughout the length of in the woonerf to encourage people to use and stay in the woonerf for various activities. Play areas and equipment, drinking fountains, trash and recycling receptacles, and other amenities may also be provided. The design of the woonerf should strive to create a series of “outdoor living rooms” for the use of residents.

I.The woonerf surfaceing shall be constructed of varying decorative smooth/flat paving (which may be permeable) and/or stamped, scored, and colored asphalt or concrete.; Sspecial paving shall be applied to the full width and length of the woonerf but different areas may utilize different treatments.

J.Bicycle parking shall be provided within the woonerf, in accordance with the standards set forth in the City’s Zoning Code and Bicycle and Pedestrian Master Plan. Bicycle parking should be located for maximum convenience and security—close to dwelling units, and near the center of the woonerf, away from public streets.

K.Space provided as a woonerf according to this Section shall not be used to meet the open space or other common area space requirements for the development, unless authorized by the City Council.

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3. Automobile Parking in a Woonerf.

1.Parking within or adjacent to the woonerf is allowed, with parallel parking preferred, provided that the design and placement of the parking reinforces the concept that the automobile is not the predominant element in the woonerf. d provided the parking Parking spaces must be are spaced intermittently; (no more than 2 adjacent parallel spaces and no more than 3 adjacent non-parallel spaces shall be allowed and with a minimum of 20 feet between the parking areas shall be provided to allow for seating, landscaping, and other amenities. Non-parallel spaces shall not be tandem parking in front of garages.). Parking spaces in the woonerf may not be located directly across from one another. so the car is not the predominant element in the woonerf and any parking shall be delineated by physical elements (e g bollards, landscaping) and/or a different paving materials. unless at least one side is located within fully enclosed garages, in which case tandem parking or parking in the dwelling unit’s dedicated driveway in front of the garage shall be prohibited

1. 2. Any parking within the woonerf shall be delineated from other areas of the woonerf by physical elements (e.g. bollards, landscaping) and/or different paving materials, and clearly marked. In addition, the parking designWhen parking is provided within or the adjacent to the woonerf, the parking area design shall incorporate mechanisms Formatted: Font:

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Packet Pg. 119 Attachment: Attachment 2 Redline of revisions from December 14, 2021 version of draft ordinance (Woonerf Standards Ordinance) to calm traffic and protect pedestrians and bicyclists, such as chicanes, bollards, or curb extensions.

3.Bicycle parking shall be provided within the woonerf.

3.Parking within the woonerf should be parallel spaces. Non-parallel parking spaces adjacent to the woonerf shall be single loaded unless at least one side is located within fully enclosed garages.

4. Parking spaces within the woonerf shall not be located within 35 feet of the woonerf’s entrance, exit, or intersection with other woonerfs.

5.PParking stall and aisle dimensions in a woonerf shall comply with the minimum dimensions as included in Section 17.36.090 of this title. Be as follows:
a.Parallel parking space: 7 feet wide by 24 feet long

5. Non-parallel parking space: 9 feet wide by 18 feet long, if adjacent to another parking space; 7 feet wide by 18 feet long, if not.

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Packet Pg. 120 Attachment: Attachment 2 Redline of revisions from December 14, 2021 version of draft ordinance (Woonerf Standards Ordinance) Figure
3-12. Woonerf Element Examples (not to scale)
(Design shall comply with emergency vehicle access regulations)

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Packet Pg. 121 Attachment: Attachment 2 Redline of revisions from December 14, 2021 version of draft ordinance (Woonerf Standards Ordinance) Figure 3-13. Woonerf Entry Sign Example
Modifications to Standards. Applicants may request modifications to the woonerf provisions. The Pplanning Ccommission and/or Ccity Ccouncil may grant exceptions from the above referenced provisions of the woonerf regulations if any of the following apply:

1. The site is constrained due to unusual shape, topography, easements, or sensitive environmental areas, and the alternative design would serve to protect sensitive natural resources.

2. The Pplanning Ccommission and/or Ccity Ccouncil find the alternative design concept provides a high level of design quality and generally meets the intent of the above regulations. Acceptable alternative designs would create usable, safe, pleasant outdoor spaces for residents and reduce the impacts of motor vehicles through concepts such as peripheral parking, clustered parking, and/or significant centralized open space amenities that serve all of the residential units.

SECTION 7: Amendment to the Cotati Municipal Code. Section 17.90.020, is amended, as shown in the added definitions, in alphabetical order, as follows:

The following definitions are amended:

Internal Driveway – A private driveway, accessway, driving aisle, street, lane, or alley within a single development that provides motor vehicular access to that development’s structures, parking area(s), and/or other features or amenities.

Traffic Calming-- Physical measures, used separately or in combination, that reduce the negative effects of motor vehicle use, alter driver behavior, and improve conditions for nonmotorized users of streets, alleys, driveways, parking lots, woonerfs, or other places where motor vehicles are present. Depending on the situation, traffic calming may include the following measures: chicanes, ramp ups, narrow driving lanes, curb extensions/bulb outs, neck downs, speed bumps, speed humps, speed tables, dips, diagonal diverters, cul de sacs, curves/meanders, reduced corner/turn radii, street trees, landscaping, medians, stop signs, traffic lights, pedestrian crossings, bicycle lanes, bollards, signage, varying pavement colors, textured pavement, and pedestrian amenities such as street furniture.

Woonerf – An internal driveway within a development that serves as a multi-use, multi-modal shared space Driveway or drive aisle where priority is given to designed equally for pedestrians and , bicycles. Motor vehicles are considered guests in a woonerf, and as such, are subject to traffic calming and reduced speed limits. , and automobiles Features of woonerfs includewith special paving and signage, in a curbless design, traffic calming measures, and integration of ed with trees, and other landscapeed elements, seating, lighting, and other amenities, and traffic calming measures Woonerfs which also can function as a play courts, recreation spaces, and/or social areas for residents.

Formatted: Font: Bold
Formatted: Font: Bold

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Packet Pg. 122 Attachment: Attachment 2 Redline of revisions from December 14, 2021 version of draft ordinance (Woonerf Standards Ordinance) SECTION 8: Construction and severability.

SECTION 9: Effective date.

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

SECTION 10: Publication. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

Approved:

Mayor
Attest:

Lauren Berges, City Clerk
Approved as to form:

John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
Lauren Berges, City Clerk

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Packet Pg. 123 Attachment: Attachment 2 Redline of revisions from December 14, 2021 version of draft ordinance (Woonerf Standards Ordinance) City of Cotati
Community Development Department
October 11, 2022

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Packet Pg. 124 Attachment: Attachment 3 Powerpoint presentation 10.11.22 (Woonerf Standards Consideration of an Ordinance to create Woonerf standards to allow creation of woonerfs in new private multifamily and mixed use developments
“A woonerf is an internal driveway within a development used as a multi-modal, multi-use shared space where priority is given to pedestrians and bicycles. Motor vehicles are considered guests in a woonerf, and as such, are subject to traffic calming and reduced speed limits in order to force drivers to reduce travel speeds and drive with caution so that all users feel welcome and safe.”

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Packet Pg. 125 Attachment: Attachment 3 Powerpoint presentation 10.11.22 (Woonerf Standards Background
May 3, 2021 - Planning Commission Workshop
Woonerf included as one option to meet open space requirement in the multifamily Objective Design Standards.

June 21, 2021 – Planning Commission Public hearing
Commission voted to recommend the Standards with the woonerf option to the City Council.

August 10, 2021 – City Council Public Hearing
Consideration of the Objective Design Standards. Council discussed the woonerf concept at length and continued the item to allow staff to respond to questions raised by the Council.

September 28, 2021 – City Council Public Hearing
Council decided to remove the woonerf as an open space option in the Objective Design Standards, and directed staff to prepare an ordinance to generally require woonerfs in certain multifamily projects.

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Packet Pg. 126 Attachment: Attachment 3 Powerpoint presentation 10.11.22 (Woonerf Standards Background
November 1, 2021-Planning Commission Public Hearing
Commission voted to recommend that the City Council approve the Woonerf Ordinance.

December 14, 2021- City Council Public Hearing
After considering the staff presentation and public comment, the Council requested certain revisions to the draft Ordinance.

September 19, 2022—Planning Commission Public Hearing
Commission voted to recommend a revised draft Ordinance based on Council direction from 12/14/21, with two minor changes, and requested additional Council discussion on the “transition zone”

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Packet Pg. 127 Attachment: Attachment 3 Powerpoint presentation 10.11.22 (Woonerf Standards December 2021 Council Direction
• Define “internal driveway” and require that all qualifying internal driveways within a development may be
candidates for woonerfs.
• Remove the requirement of a minimum of 100 square feet of woonerf per dwelling in favor of design standards that will maximize the amount of woonerf space in each new
development.
• Ensure that woonerfs are not placed on driveways that accommodate heavy motor vehicle circulation.

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Packet Pg. 128 Attachment: Attachment 3 Powerpoint presentation 10.11.22 (Woonerf Standards

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Packet Pg. 129 Attachment: Attachment 3 Powerpoint presentation 10.11.22 (Woonerf Standards Woonerf
Example

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Packet Pg. 130 Attachment: Attachment 3 Powerpoint presentation 10.11.22 (Woonerf Standards Woonerf Example

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Packet Pg. 131 Attachment: Attachment 3 Powerpoint presentation 10.11.22 (Woonerf Standards Proposed Woonerf Ordinance: Key Revisions
 “Internal driveway”: A private driveway, accessway, driving aisle, street, lane, or alley within a single development that provides motor vehicular access to that development’s structures, parking area(s), and/or other features or amenities
 All internal driveways are candidates for woonerfs, with the goal of maximizing the amount of woonerf space within a given development (Previously a minimum of 100 square feet/dwelling unit)  No woonerfs on driveways with “heavy traffic” (100+ motor vehicles trips during the p.m. peak hour)
 Design should reduce the occurrence of
heavy-traffic driveways and cut-through
traffic, and maximize opportunities for
woonerfs

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Packet Pg. 132 Attachment: Attachment 3 Powerpoint presentation 10.11.22 (Woonerf Standards Proposed Woonerf Ordinance: Standards
 Clear and distinctive entrance/exit with signage, change in pavement, and traffic calming features. Permeable OK.
 Transition zone of 20’ between woonerf entry and intersection with another driveway or street (60’ for arterials) to allow entering cars to reduce speed, facilitate vehicle stacking and emergency vehicle access
 Speed limit for all wheeled vehicles/devices is 8 mph  One-way or two-way motor vehicle traffic
 Close proximity to residential entries and common areas  Traffic calming measures no less than 100’ apart (previously 160’)
 Minimum length 60’. Maximum length eliminated (new)

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Packet Pg. 133 Attachment: Attachment 3 Powerpoint presentation 10.11.22 (Woonerf Standards Proposed Woonerf Ordinance: Standards
 Woonerf width may vary, with minimum motor vehicle travel space 13’ and vehicle passing bays provided as needed (new)  Incorporate seating, landscaping, decorative pavement, and other pedestrian/decorative amenities along full length, and eliminate continuous curbs. New: Seating to be provided at least every 100’
 Bicycle parking to be provided per Code, Bike/Ped Plan  Intermittent parking within woonerf is permitted; must be 35’ or more from entrances (new)
 Emergency vehicle access shall be provided as approved by the Fire Marshal

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Packet Pg. 134 Attachment: Attachment 3 Powerpoint presentation 10.11.22 (Woonerf Standards Planning Commission Recommendation
 Recommended Council approval, with minor changes (incorporated in current draft ordinance):

1. Add “lane” to definition of internal driveway, expanding on the previous list of “private driveway, accessway, driving aisle, street, or alley.”

2. Apply the 8 mph speed limit to all wheeled vehicles and devices, in addition to motor vehicles. Bicycles, scooters, skateboards, rollerblades, etc.  PC raised concern that proposed 60’ transition zone from arterials (E.

Cotati, Old Red Hwy, and Gravenstein Hwy) is excessive, and might result in additional pavement, reduced woonerf area, and driver acceleration.  Staff supports the 60-foot standard to allow drivers to reduce speed, allow sufficient vehicle stacking, and facilitate emergency vehicle access.  To clarify the nature of the transition zone, staff revised the draft ordinance following the PC meeting: Shall be designed to slow traffic and alert drivers to the upcoming woonerf, with cautionary signage and a narrowed driveway, landscaping, and/or other measures.

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Packet Pg. 135 Attachment: Attachment 3 Powerpoint presentation 10.11.22 (Woonerf Standards Recommendation
The Planning Commission and the Community
Development Department recommend that the City
Council introduce an Ordinance that would allow for
the development and regulation of Woonerfs (multiuse/multi-modal zones) as part of certain new private development projects.

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Packet Pg. 136 Attachment: Attachment 3 Powerpoint presentation 10.11.22 (Woonerf Standards Questions?

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Packet Pg. 137 Attachment: Attachment 3 Powerpoint presentation 10.11.22 (Woonerf Standards ORDINANCE NO.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF COTATI ADOPTING AMENDMENTS TO TITLE 17 (LAND USE) OF THE COTATI MUNICIPAL CODE TO

ESTABLISH DESIGN STANDARDS AND REGULATIONS FOR THE DEVELOPMENT OF “WOONERFS” (MULTI-USE/MULTI-MODAL ZONES) WITHIN MULTIFAMILY,

MIXED USE AND OTHER PRIVATE DEVELOPMENT PROJECTS BY ADDING SECTION F TO CHAPTER 17.36.100 DRIVEWAYS AND SITE ACCESS AND AMENDING CHAPTER 17.90 (DEFINITIONS)
WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, on June 21, 2021, the Planning Commission held a duly noticed public hearing regarding multifamily objective design standards and amendments to the multifamily open space standards which included the allowance of woonerfs within multifamily projects and adopted Resolution No. PC-2021-5 recommending that the Cotati Land Use Code be amended to allow the development of woonerfs within certain private development projects; and WHEREAS, on August 10, 2021, and September 28, 2021, the City Council held duly noticed public hearings regarding the multifamily objective design standards and amendments to the multifamily open space standards and introduced an ordinance to approve the amendments to the Land Use Code and directed staff to prepare draft amendments to the Cotati Land Use Code regarding the inclusion of woonerfs within new multifamily projects; and WHEREAS, City staff has researched available information regarding the development of woonerfs on public streets and within private developments and prepared draft amendments to the Cotati Land Use Code to require and/or allow the development of woonerfs within new private development projects and outside of the public right-of-way; and WHEREAS, on November 1, 2021, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed amendments to Chapters 17.36.100 and

7.90 of the Cotati Municipal Code. After reviewing and providing some direction to staff, the Commission voted to approve a resolution recommending adoption of an Ordinance to define and regulate Woonerfs to the City Council; and
WHEREAS, on December 14, 2021, the City Council of the City of Cotati held a duly noticed public hearing on a draft Ordinance to define and regulate Woonerfs, received the staff report and reviewed a presentation from the Planning Division, considered all oral and written comments submitted to the City regarding the item, and directed staff to make certain revisions to the draft ordinance; and
WHEREAS, on September 19, 2022, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed amendments to Chapters 17.36.100 and

7.90 of the Cotati Municipal Code. After reviewing and providing some direction to staff, the Packet Pg. 138
Commission voted to approve a resolution recommending adoption of an Ordinance to define and regulate Woonerfs to the City Council; and
WHEREAS, on October 11, 2022, the City Council of the City of Cotati held a duly noticed public hearing on a revised draft Ordinance to define and regulate Woonerfs, received the staff report and reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the item prior to taking its action on the item.

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

SECTION 1: Recitals.

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

SECTION 2: Record
The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the 2015 General Plan, 2) the FEIR certified for the 2015 General Plan, 3) the Housing Element adopted by the City Council in 2015, and 4) all staff reports, City files and records and other documents prepared for and/or submitted to the City Council related to adoption of the “Woonerfs” (Multi-Use/Multi-Modal Zones) Ordinance.

SECTION 3: General Plan Consistency
The Council of the City of Cotati does hereby find that the proposed ordinance to amend the Land Use Code to establish Woonerfs (Multi-Use/Multi-Modal Zones) for new developments, as shown in this Ordinance, is in the best interest of the City in that it will further established goals, policies, and implementation programs of the General Plan to promote development and facilities that are of human scale; to promote social interaction within multifamily and other commercial development projects; to maintain a diverse range of housing options with a focus on in-fill development; and will limit the extension of city services by providing more amenities within the built environment adjacent to new development.

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

Policy CON 2.1: Improve air quality through continuing to require a compact development Packet Pg. 139
pattern that focuses growth in and around existing urbanized areas, locating new housing near places of employment, encouraging alternative modes of transportation, and requiring projects to mitigate significant air quality impacts.

Objective LU 1B: Ensure that new growth is focused around existing development and does not facilitate the inefficient extension of city services.

Policy LU 2.2: Encourage clustering of housing so that larger areas of open space may be permanently preserved.

Objective LU 4A: Ensure a streamlined and equitable process for project permitting and outside agency coordination without compromising the enforcement of local land use regulations.

Goal H-1: Conserve and improve the existing housing stock to provide adequate, safe, and decent housing for all Cotati residents.

Goal H-2: 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.

Policy H-2.4: 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 in order to accommodate specific projects, while affirming all other goals of the City’s General Plan, in order to maintain Cotati’s rural character.

Policy H-2.8 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.

Policy H-2.12: Encourage housing development on existing infill sites in order to efficiently utilize existing infrastructure.

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Goal H-3: Expand affordable housing opportunities for lower income households and persons with special housing needs, including seniors, disabled persons, large households, 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, second units, and single family units, and incentivize production of lower income housing.

Policy H-3-2: Provide incentives for affordable housing development, including density bonuses, expedited processing, relaxation in development standards, and either reduction, delay, or waiver of fees when financially feasible.

Policy H-3-7: Encourage housing for large families.

Goal H-5: Promote energy efficiency and conservation in residential development.

Policy H-5-2 Encourage energy efficiency and energy conservation in existing and proposed residential development to ensure sustainable practices and reduce long-term housing costs.

Goal H-6: Ensure public participation in the development of the City’s housing policies.

SECTION 4: Compliance with the California Environmental Quality Act.

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

SECTION 5: Amendment to the Cotati Municipal Code. Chapter 17.36.100 is amended as follows:

17.36.100 Driveways and site access.

F. Woonerf (Multi-Use/Multi-Modal Zone). Any internal driveway within a multifamily development or the residential portion(s) of a horizontal mixed-use project shall be designed as a woonerf in keeping with the standards of this Section. Woonerfs or woonerf elements may also be included as a part of other residential projects such as cottage courts and single-family developments and in commercial developments to the extent feasible.

A woonerf is an internal driveway within a development used as a multi-modal, multi-use shared space where priority is given to pedestrians and bicycles. Motor vehicles are considered guests in a woonerf, and as such, are subject to traffic calming and reduced speed limits in order to force drivers to reduce travel speeds and drive with caution so that all users feel welcome and safe.

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Features of woonerfs include special paving and signage, a curbless design, traffic calming measures, and integration of trees, landscape elements, seating, lighting, and other amenities.

1. Location of a Woonerf.
a. Internal driveways within a development shall be designed as woonerfs in accordance with this Section, with the exception of those accommodating heavy circulation, which shall be defined as those driveways experiencing more than 100 motor vehicles trips during the afternoon or evening peak hour. To the extent possible, developments shall be designed to distribute motor vehicle travel such that as many internal driveways as possible are suitable for woonerfs.
b. Woonerfs shall be located entirely on privately owned property, outside of the public rightof-way, and on the same parcel as the development they serve. c. A woonerf shall be located only on an internal driveway that serves a single development, and cannot be located on a shared driveway serving more than one development or on a driveway that provides a vehicular connection between developments. A single development may include multiple woonerfs, which may be connected to one another. d. Woonerfs shall be located near residential unit entries, common areas, and other amenities; an excess area at the fringe of the development is not an appropriate location for a woonerf.

2. Woonerf Design and Development Standards.
a. Internal driveways within a development, and the development itself, shall be designed to maximize the total woonerf square footage to create additional amenities for residents. b. Woonerfs may be designed for one-way or two-way motor vehicular traffic. c. Woonerfs shall be designed to minimize the possibility on non-resident cut-through travel from one public street to another.
d. Each woonerf shall have clear and distinctive entrances and exits with signage indicating the woonerf status, a change in pavement texture or color, and at entrances, a traffic calming feature such as a ramp up and/or chicane. Design measures and signage shall be placed sufficiently in advance of exits to ensure that pedestrians and bicyclists are aware that they are leaving the woonerf.
e. Woonerf entrance(s) shall be a minimum of 20 feet from any intersection with a public street or non-woonerf driveway (or 60 feet minimum from an arterial street) to provide a clear line of sight, allow motorists time to reduce speed, and allow sufficient motor vehicle Packet Pg. 142
stacking space (this distance shall be referred to as the “transition zone”). The transition zone shall be designed to slow traffic and alert drivers to the upcoming woonerf, with cautionary signage and a narrowed driveway, landscaping, and/or other measures. f. The minimum length of a woonerf shall be 60 feet, excluding the transition zone(s).

Portions of the woonerf should be wider or narrower at various locations to allow for traffic calming, seating, other amenities, and/or safe motor vehicle passing. The minimum nonobstructed width for motor vehicle travel at any point along the woonerf shall be 13 feet.

Periodic passing bays shall be provided as needed to minimize conflict between vehicles traveling in opposite directions, in the case of a two-way woonerf. g. Continuous curbs shall be eliminated to emphasize that the space is shared between pedestrians, bicyclists, and motorists. Varying pavement, planters, decorative bollards, and/or similar features shall be used to prevent and/or discourage motorists from using pedestrianonly areas. Seating and play areas shall be protected from the path of motor vehicles by bollards, planters, and/or similar features.
h. Traffic calming measures shall be located no less than 100 feet apart within the woonerf so that there is no length that would allow drivers to exceed the speed limit or otherwise operate their vehicles as though they have priority over pedestrians or bicyclists. In addition, forward visibility within the woonerf shall be limited to the extent possible by chicanes, landscaped planters, or other suitable traffic calming measures in order to force drivers to reduce speed.
i. The following traffic calming measures are NOT appropriate for a woonerf: speed bumps, speed humps, speed tables, dips, medians, traffic lights, pedestrian crossings, bicycle lanes, and stop signs (except at woonerf exits/intersections). j. The speed limit in a woonerf shall be posted at 8 miles per hour. This speed limit will apply to all wheeled vehicles or devices as well as motor vehicles. k. Emergency vehicle access shall be required as determined by the Fire Marshal. Traffic calming measures and other elements must not interfere with emergency vehicle access; it is vital to ensure that emergency vehicles can enter and exit, as well as maneuver through the woonerf. Clear space around fire hydrants must be provided to facilitate emergency access. l. A woonerf shall incorporate outdoor seating; landscaping including trees, planters, and shrubs; bicycle parking; and pedestrian scale lighting to make the woonerf more attractive and to calm traffic. Seating areas shall be provided at a minimum of every 100 feet to encourage people to use the woonerf for various activities. Play areas and equipment, drinking fountains, trash and recycling receptacles, and other amenities may also be provided. The design of the woonerf should strive to create a series of “outdoor living rooms” for the use of residents.
m. The woonerf surface shall be constructed of varying decorative smooth/flat paving (which may be permeable) and/or stamped, scored, and colored asphalt or concrete. Special paving Packet Pg. 143
shall be applied to the full width and length of the woonerf but different areas may utilize different treatments.
n. Bicycle parking shall be provided within the woonerf, in accordance with the standards set forth in the Cotati Land Use Code and Bicycle and Pedestrian Master Plan. Bicycle parking should be located for maximum convenience and security—close to dwelling units, near the center of the woonerf, and away from public streets to the extent possible. o. Space provided as a woonerf according to this Section shall not be used to meet the open space or other common area space requirements for the development, unless authorized by the City Council.

3. Automobile Parking in a Woonerf
a. Parking within a woonerf is allowed, with parallel parking preferred, provided that the design and placement of the parking reinforces the concept that the automobile is not the predominant element. Parking spaces must be spaced intermittently; no more than 2 adjacent parallel spaces and no more than 3 adjacent non-parallel spaces shall be allowed and a minimum of 20 feet between the parking areas shall be provided to allow for seating, landscaping, and other amenities. Non-parallel spaces shall not be in the form of tandem parking in front of garages. Parking spaces in the woonerf may not be located directly across from one another, unless at least one side is located within fully enclosed garages. b. Parking spaces shall be clearly marked and delineated from other areas of the woonerf by physical elements such as bollards, landscaping, and/or different paving materials. In addition, the parking design shall incorporate mechanisms to calm traffic and protect pedestrians and bicyclists, such as chicanes, bollards, or curb extensions c. Parking spaces in the woonerf shall not be located within 35 feet of the woonerf’s entrance, exit, or intersection with other woonerfs.
d. Parking stall and aisle dimensions in a woonerf shall be as follows:
i. Parallel parking space: 7 feet wide by 24 feet long
ii. Non-parallel parking space: 9 feet wide by 18 feet long, if adjacent to another parking space; otherwise, 7 feet wide by 18 feet

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Figure 3-13. Woonerf Entry Sign Example
Figure 3-12. Woonerf Element Examples (not to scale)
(Design shall comply with emergency vehicle access regulations) SECTION 6: Modifications to Standards. Applicants may request modifications to the Woonerf provisions. The Planning Commission and/or City Council may grant exceptions from the above referenced provisions of the woonerf regulations if any of the following apply:

Packet Pg. 145

1. The site is constrained due to unusual shape, topography, easements, or sensitive environmental areas, and the alternative design would serve to protect sensitive natural resources.

2. The Planning Commission and/or City Council find the alternative design concept provides a high level of design quality and generally meets the intent of the above regulations. Acceptable alternative designs would create usable, safe, pleasant outdoor spaces for residents and reduce the impacts of motor vehicles through concepts such as peripheral parking, clustered parking, and/or significant centralized open space amenities that serve all of the residential units.

SECTION 7: Amendment to the Cotati Municipal Code. Section 17.90.020 is amended as shown in the added definitions in alphabetical order, as follows:

Woonerf – An internal driveway within a development that serves as a multi-use, multi-modal shared space where priority is given to pedestrians and bicycles. Motor vehicles are considered guests in a woonerf, and as such, are subject to traffic calming and reduced speed limits. Features of woonerfs include special paving and signage, a curbless design, traffic calming measures, and integration of trees, landscape elements, seating, lighting, and other amenities. Woonerfs also function as play courts, recreation spaces, and/or social areas for residents.

SECTION 8: Construction and severability.

It is the intent of the City Council of the City of Cotati to supplement applicable state and federal law and not to duplicate or contradict such law, and this ordinance shall be construed consistently with that intent. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Cotati hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective Packet Pg. 146
of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 9: Effective date.

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

SECTION 10: Publication. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
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This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Public Consideration of the Draft 6th Cycle Housing Element during the 30-day Public Review Period
Date: October 11, 2022
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended that the City Council notify the public that the 2023 draft Housing Element is available for a 30-day public review and comment period from September 27, 2022, through October 27, 2022.

Background
All cities in the State of California are required to maintain a Housing Element, which is one of the required chapters of the General Plan. Unlike other components of the General Plan, which can be adopted within a flexible time frame, Housing Elements are generally required to be updated on eight-year cycles with the City of Cotati’s next housing element to be adopted shortly after January 1, 2023. The draft “sixth cycle” Housing Element identifies goals, policies and programs to meet the City’s housing needs through the years 2023-2031.

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. Input from this survey also helped to shape draft housing policy responses included within the draft 6th Cycle Housing Element.

12.A
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On November 10, 2020, City staff presented the outcome of the HMC process to the City Council, providing a summary of the findings and direction of the HMC including the significant increase in the projected sixth 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 to result from numerous changes in state law.

On September 28, 2021, the City Council awarded consultant contracts to 4LEAF, Rincon and Civic Edge consultants to assist the City in completing the required sixth cycle Housing Element.

On October 12, 2021, a “kick-off” presentation at a joint Planning Commission/City Council meeting was held via Zoom, 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 and provide input on the upcoming Update process.

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.

On 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.

On February 2, 2022, a Community stakeholder group interview was conducted, and continuing stakeholder interviews with community-based organizations and housing developers followed to gain more insight and nuanced input on specific topics.

On February 22, 2022, a presentation to a joint meeting of the Planning Commission and City Council was made via Zoom via Zoom to discuss preliminary policy strategies to respond to the community input received to-date. This meeting also included an opportunity for members of the public to identify priority areas for the upcoming Draft Housing Strategy. Following the Joint meeting, a presentation was made to the City Council to discuss and gain input on the draft Housing Opportunity sites.

On May 17 and May 18, 2022, Town Hall events were held by City and consultant staff 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.

On June 1, and June 8, 2022 Cotati Community Development Department staff tabled at the Cotati Farmers market to solicit community member input in person and via survey responses, on the draft Housing Element policies and potential Housing Opportunity Sites.

On September 27, 2022, the draft sixth cycle Cotati Housing Element was published for a 30-day public review and comment period, which will end on October 27, 2022.

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On September 28, 2022, Community Development Department staff met with representatives to the Federated Indians of Graton Rancheria via Zoom as a component of our required Tribal Consultation process. Tribal input was received and incorporated as a comment response and consultation continues as of the date of this report.

Analysis/Discussion
As identified above, the 30-day public comment period on the draft 2023 City of Cotati Housing Element began on September 27, 2022 and will conclude on October 27, 2022. Following the public comment period, staff and consultants will utilize a 10-day State mandated response time to provide responses to public comments and update the documents as necessary. At the conclusion of the response time, consulting staff will submit the draft Housing Element to the State Department of Housing and Community Development (HCD) for review. HCD then has 90-days to conduct the review and provide comments on any shortfalls they identify in the analysis, policies or programs.

After receiving HCD’s comments and amending the documents accordingly, the finalized draft documents, and formal CEQA determination regarding the potential impacts of the Housing Element Update will be brought through the City’s formal ordinance adoption process, including public hearings with the Planning Commission and City Council. This meeting is an informational presentation intended to summarize the remaining process for completing the Housing Element Update, and to raise awareness of the public review period for the community.

Anyone interested in providing public comment on the documents should do so via email at:

[email protected]
Alternatively, comments may be provided directly to Community Development Department staff at: 201 W. Sierra Avenue, Cotati, CA 94931 or 707-665-3636 Anyone interested in housing issues more broadly can review information and sign up for direct email updates on the City’s Housing Interest list at:
https://www.cotaticity.org/city_hall/departments/community_development/housing Financial Considerations
The total anticipated cost of the Housing Element Update is $149,289, which includes public engagement, CEQA analysis and the updated housing element itself. As the Council is aware, City staff were successful in securing multiple grants to cover portions of the costs. These grants are anticipated to cover approximately $85,000 of the housing element update leaving an approximate General Fund cost obligation of $64,289. This falls within the $65,000 of General Fund monies allocated in FY21/22 for the Housing Element Update.

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

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any decision actions on the proposed project.

Attachments:

Cotati Public Review Draft Housing Element Update (09-26-2022)(PDF) Cotati Public Review Draft Technical Background Report (09-26-2022) (PDF)

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Packet Pg. 153 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period)

CONTENTS
SECTION I: INTRODUCTION & SUMMARY ........................................................... 1

1.1 INTRODUCTION........................................................................................................... 1

1.2 DEFINITION AND PURPOSE ....................................................................................... 1

1.3 CONSISTENCY WITH STATE LAWS AND GENERAL PLAN .................................... 1

1.4 PUBLIC PARTICIPATION.............................................................................................. 2

1.5 ORGANIZATION OF THE HOUSING ELEMENT ....................................................... 2

1.6 DEFINITION OF TERMS ............................................................................................... 3

1.7 DATA SOURCES ........................................................................................................... 4

1.8 COMMUNITY PROFILE ................................................................................................ 5

1.9 CHANGING HOUSING NEEDS AND DEMOGRAPHICS.......................................... 7

1.9.1 Population Characteristics and Trends ............................................................... 7

1.9.2 Household Incomes and Housing Affordability...............................................10

1.9.3 Special Needs Populations.................................................................................12

1.10 CHARACTERISTICS OF HOUSING STOCK ...........................................................16

1.11 SUMMARY OF CONSTRAINTS ...............................................................................21

1.12 SUMMARY OF FAIR HOUSING ANALYSIS............................................................22

1.13 REGIONAL HOUSING NEEDS ALLOCATION.......................................................24

1.14 2015 COTATI HOUSING ELEMENT REVIEW ........................................................25

1.15 PROGRAM CHANGES IN 2023 HOUSING ELEMENT..........................................26 SECTION II: HOUSING STRATEGY....................................................................... 36

2.1 HOUSING STRATEGY.................................................................................................36 Goal H-1: Resilient & Safe Housing .............................................................................37 Goal H-2: Housing Production.....................................................................................43 Goal H-3: Affordable, Attainable & Accessible Housing..........................................48 Goal H-4: Affirmatively Furthering Fair Housing .......................................................53 Goal H-5: Community Engagement............................................................................56

2.2 QUANTIFIED OBJECTIVES........................................................................................58 SECTION III: HOUSING SITES.............................................................................. 58

3.1 CONTEXT ....................................................................................................................58

3.2 PROJECTED DEVELOPMENT AND RHNA CREDIT................................................59

3.3 REALISTIC CAPACITY OF SITES ZONED FOR HOUSING .....................................63

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Packet Pg. 154 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period)

3.4 ADEQUATE SITES ALTERNATIVES...........................................................................73

3.5 PROGRAMS TO ASSIST IN THE DEVELOPMENT OF HOUSING..........................74

3.5 DEVELOPMENT TRENDS AND REALISTIC CAPACITY ANALYSIS .......................75

3.6 FAIR HOUSING CONSIDERATIONS.........................................................................76

3.7 INFRASTRUCTURE CONSIDERATIONS...................................................................77

3.8 ENVIRONMENTAL CONSIDERATIONS ...................................................................78

3.9 CONCLUSION.............................................................................................................81

FIGURES
Figure 1: City of Cotati Location within Sonoma County ................................................................7 Figure 2: Population by Age, 2000-2019..........................................................................................8 Figure 3: Resident Employment by Industry ................................................................................. 10 Figure 4: Household Income Level by Household Size ............................................................... 11 Figure 5: Cost Burden by Income Level......................................................................................... 12 Figure 6: Disability by Type ............................................................................................................. 13 Figure 7: Households by Household Size...................................................................................... 15 Figure 8: Housing Type Trends....................................................................................................... 16 Figure 9: Housing Tenure by Age................................................................................................... 17 Figure 10: Housing Units by Year Structure Built.......................................................................... 18 Figure 11: Overcrowding Severity.................................................................................................. 19 Figure 12: Occupancy Status........................................................................................................... 20 Figure 13: Median Home Values, 2001-2021................................................................................ 21 Figure 14: Location of Planned, Approved, and Pending Projects ............................................ 62 Figure 15: Location of Housing Opportunity Sites ....................................................................... 64 Figure 16: Housing Opportunity Sites by Opportunity Area....................................................... 77 TABLES
Table 1: Comparative Trends in Racial and Ethnic Composition, 2010-2020..............................8 Table 2: Cotati Regional Housing Needs Allocation (RHNA), 2023-2031 ................................. 24 Table 3: Progress in Achieving 2015 Quantified Objectives by Income.................................... 25 Table 4: 2015-2023 Housing Element Program Implementation Status ................................... 26 Table 5: Summary of Quantified Objectives, City of Cotati, 2023-2031.................................... 58 Table 6: Cotati Regional Housing Needs Allocation (RHNA), 2023-2031 ................................. 59 Table 7: ADU Permits Issued or Completed by Year in Cotati.................................................... 60 Table 8: Assumed Affordability for 6th Cycle ADUs..................................................................... 61 Table 9: Planned, Approved, and Pending Projects for RHNA Credit ....................................... 61 Table 10: RHNA and Site Capacity ................................................................................................. 64 Table 11: Capacity of Sites Allowing Residential Development ................................................. 65 Table 12: Development Trends ...................................................................................................... 75

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Packet Pg. 155 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 1 SECTION I: INTRODUCTION & SUMMARY

1.1 INTRODUCTION
This chapter of the Cotati General Plan presents goals, policies, programs, and supporting information related to the provision of housing for existing and future residents of the City. The purpose of the Housing Element is twofold:
• Present specific policies and actions for housing development to meet Cotati’s specific, identified housing needs; and
• Meet regional standards and achieve State certification, pursuant to statutory requirements.

1.2 DEFINITION AND PURPOSE
The Housing Element of the General Plan is a detailed statement of the housing goals, policies, programs, and quantified objectives for the City. The Element is based on a comprehensive technical assessment of existing housing policies and programs; current and projected housing needs, especially related to low-income households and special needs populations; an analysis of market, environmental, governmental, and other factors that constrain housing production; an assessment of ways that the City can affirmatively further fair housing for its residents; an inventory of sites available for housing construction; and an assessment of new programs and policies that can enhance housing production in the City.

The purpose of the Housing Element is to guide decision-making by elected and appointed officials. Specifically, the Housing Element sets forth how the City will address the need for housing, especially by low- and moderate-income families, and special needs families and individuals. The Housing Element also provides housing-related data and information to the public.

1.3 CONSISTENCY WITH STATE LAWS AND GENERAL PLAN
State law requires that the General Plan include an integrated, consistent set of goals and policies. The City of Cotati’s General Plan contains elements relating to land use, circulation, housing, community wellness, noise, conservation, open space, economic development, and safety. The 2023 Housing Element provides goals, policies, and implementation measures that are consistent with all other elements of the General Plan; amendments to the City’s Land Use Element are planned for immediately after adoption of the Housing Element. As the General Plan is amended in the future, the City will ensure the Housing Element remains consistent with the General Plan.

New State law requires that the Safety Element be updated to address climate adaptation upon revision of the Housing Element. The City will ensure compliance with this requirement by updating and adopting its updated Safety Element to follow the 2023 Housing Element. The City will provide a copy of the Housing Element to the water and sewer service providers and has coordinated with these agencies regarding the State-mandated water and sewer service

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Packet Pg. 156 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 2 priority for housing projects that will help Cotati in meeting its regional housing need for lowerincome households (Government Code Section 65589.7).

Multiple statewide bills have been passed to address the inequitable distribution of pollution and associated health effects in low-income communities and communities of color. SB 535 requires the California Environmental Protection Agency (CalEPA) to define disadvantaged communities and SB 1000 requires local governments to identify those disadvantaged communities in their jurisdiction and address environmental justice in their general plans accordingly. As defined by SB 535, Cotati does not currently have any disadvantaged communities. However, Cotati contains a Census tract designated as Low Resource in the 2022 TCAC Opportunity Areas and these neighborhoods will be analyzed and discussed as part of the Assessment of Fair Housing (Section 4.5).

1.4 PUBLIC PARTICIPATION
The public participation requirement of Housing Element law presents an opportunity to engage constituents in defining housing issues, and in creating solutions that both meet the needs of the community and the requirements of state law. It is the cornerstone of the process.

The 6th Cycle Housing Element Update was conducted during the COVID-19 global pandemic and outreach had to be adjusted to allow and encourage meaningful public participation and input without requiring community members to meet or gather in-person. Staff and consultants made use of multiple in-person and digital platforms to facilitate public input. In-person contact included door-to-door canvassing and tabling at events including the Halloween Carnival, Holiday Shop-and Stroll and Cotati Farmers Market. All public surveys and community events were presented bilingually to ensure that all residents had an opportunity to be heard.

As outreach continued, there was evidence of concern that State requirements conflict with community values, creating conflict and tension. These issues were addressed by staff and consultants.

1.5 ORGANIZATION OF THE HOUSING ELEMENT
The Housing Element is organized into four main sections:
 Section 1 introduces the overall Housing Element update effort, a summary of housing needs and constraints, a Fair Housing summary, and a review of the effectiveness of the 2015 Housing Element and the City’s progress in its implementation.
 Section 2 sets forth the City’s Housing Strategy, which is comprised of the Goals, Policies, and Programs that it intends to implement over the next 8-year planning cycle. The City’s Quantified Objectives are also included in Section 2.  Section 3 presents a detailed Housing Site Inventory, including a discussion of the availability of services, and compares this inventory to the City’s projected housing needs.

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Packet Pg. 157 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 3  Section 4, the Technical Background Report, provides statutorily required data including an assessment of housing needs & programs, an analysis of nongovernmental and governmental constraints to affordable housing provision, a discussion of special needs populations, and an assessment of fair housing. Precertified housing and demographic data provided by the Association of Bay Area Governments (ABAG/MTC) is included here.

1.6 DEFINITION OF TERMS
Throughout the Housing Element, a variety of technical terms related to income levels are used in describing and quantifying conditions and objectives. The definitions of these terms follow:
 Above Moderate-Income Households – Households earning over 120% of the County AMI, adjusted for household size.
 Acutely Low-Income – Households earning not more than 15% of the County AMI, adjusted for household size.
 Affordable Housing – Housing that costs no more than 30% of a low-, very low-, or extremely low-income household’s gross monthly income. For rental housing, the residents may pay up to 30% of gross income on rent plus tenant-paid utilities. For homeownership, the residents may pay up to 30% on the combination of mortgage payments, taxes, insurance, and homeowners' dues.  Area Median Income (AMI) – The income figure representing the middle point of the County household income. Fifty percent of households earn more than or equal to this figure and 50% earn less than or equal to this figure. The AMI varies according to the size of the household. For the year 2022, the AMI for a fourperson household in County of Sonoma was $112,800.  Extremely Low-Income Households (ELI) – Households earning not more than 30% of the County AMI, adjusted for household size.
 Federal Poverty Threshold – issued by the Census Bureau and varies by family size, number of children, elderly. There is no geographic variation. For 2021, the poverty threshold for a single person under age 65 was 14,097, for a three-family unit with two children, it was $21,831. (Note: this differs from the Federal Poverty Guidelines issued by Health & Human Services).
 Low-Income Households – Households earning between 51-80% of the County AMI, adjusted for household size.
 Missing Middle Housing – a range of house-scale buildings with multiple units compatible in scale and form with detached single-family homes. (Source:

MissingMiddleHousing.com).
 Moderate-Income Households – Households earning 81-120% of the County AMI, adjusted for household size.

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Packet Pg. 158 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 4  Plexes – a single structure that contains more than one dwelling unit. The units share common walls, and each typically has an outside entrance. Examples include duplex, triplex, quadruplex, etc.
 Very Low-Income Households (VLI) – Households earning between 31-50% of the County AMI, adjusted for household size.

1.7 DATA SOURCES
The 2023 Housing Element Update makes full use of the pre-certified data package provided by the Association of Bay Area Governments (ABAG), which is contained in its entirety in the Section 4 Technical Background Report. In addition to the ABAG dataset, the following sources of data were used to help identify historic patterns of segregation, assess constraints to housing and the market conditions in Cotati; and to better identify specific housing needs:
 U.S. Census 2010 and 2020
 2015-2019 American Community Survey 5-Year Estimates
 U.S. Census Bureau, Longitudinal Employer-Household Dynamics, Workplace Area Characteristics (WAC) files (Jobs); Residence Area Characteristics (RAC) files (Employed Residents), 2010-2018
 U.S. Census Bureau, Longitudinal Employer-Household Dynamics, Workplace Area Characteristics (WAC) files (Jobs); Residence Area Characteristics (RAC) files (Employed Residents), 2010-2018
 U.S. Department of Agriculture, Census of Farmworkers; 2002, 2007, 2012, 2017  U.S. Bureau of Labor Statistics, Quarterly Census of Employment and Wages (QCEW), 2020 first-quarter industry employment
 U.S. Department of Housing and Urban Development (HUD), Consolidated Housing Affordability Strategy (CHAS), 2013-2017 release
 U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release  U.S. Department of Housing and Urban Development, Section 202/811 Supportive Housing Programs, 2010 Program Fact Sheet
 U.S. Department of Education, National Center for Education Statistics, 2020  U.S. House of Representatives, US Code Low-Income Housing Preservation and Resident Homeownership, accessed January 1, 2022
 U.S. Department of Housing and Urban Development (HUD), Continuum of Care (CoC) Homeless Populations and Subpopulations Reports (2019)  California Tax Credit Allocation Committee, Opportunity Area Index, 2020, 2021  California Department of Finance, E-5 Population and Housing Estimates for Cities, Counties, and the State, 2020-2022

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Packet Pg. 159 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 5  California Employment Development Department, Local Area Unemployment Statistics (LAUS), Sub-county areas monthly updates, 2010-2021  County of Sonoma, Grand Jury Report, June 2022
 City of Cotati, Annual Progress Reports, 2015-2021
 UC Berkeley, Urban Displacement Project
 Redfin Housing Market Trends, May 2022
 U.S. Department of Agriculture, Census of Farmworkers; 2002, 2007, 2012, 2017  U.S. Bureau of Labor Statistics, Quarterly Census of Employment and Wages (QCEW), 2020 first-quarter industry employment
 U.S. Department of Housing and Urban Development (HUD), Consolidated Housing Affordability Strategy (CHAS), 2013-2017 release
 U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release  U.S. Department of Housing and Urban Development, Section 202/811 Supportive Housing Programs, 2010 Program Fact Sheet
 U.S. Department of Education, National Center for Education Statistics, 2020  U.S. House of Representatives, US Code Low-Income Housing Preservation and Resident Homeownership, accessed January 1, 2022
 U.S. Department of Housing and Urban Development (HUD), Continuum of Care (CoC) Homeless Populations and Subpopulations Reports (2019)  California Tax Credit Allocation Committee, Opportunity Area Index, 2020, 2021  California Department of Finance, E-5 Population and Housing Estimates for Cities, Counties, and the State, 2020-2022
 California Employment Development Department, Local Area Unemployment Statistics (LAUS), Sub-county areas monthly updates, 2010-2021.  County of Sonoma, Grand Jury Report, June 2022
 City of Cotati, Annual Progress Reports, 2015-2021

1.8 COMMUNITY PROFILE
Cotati is located in central Sonoma County along US Highway 101 in the northern San Francisco Bay Area. It lies within the southeastern portion of the Santa Rosa Plain, bounded by the low, rolling coastal hills to the west and the Sonoma Mountains to the east. Several creeks run into the City from the surrounding mountains and hillsides. These mountains and hills, along with the surrounding crop fields and pastures, provide a rural backdrop to the City.

In the 1950’s Cotati was the “Hub of Sonoma County” a close-knit community with its own water and sewer system and top-rated fire department. The drive for cityhood was inspired by its

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Packet Pg. 160 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 6 neighbor to the north, newly incorporated Rohnert Park. In order to maintain its character, Cotati rushed to gather signatures and draw boundaries. The city of Cotati was incorporated in 1963.

Cotati is one of only two towns in the U.S. with a hexagonal layout. The fire department, and La Plaza Park are in the center of the hexagon. Constantly rated as one of the best places to live, Cotati has a diverse community, good schools, and a variety of local businesses and activities.

Sonoma State University is just outside of Cotati’s city limit and has played a significant role in the City’s history since moving to its current location in 1966. Because of the youthful influence from Sonoma State, Cotati has a lively night life.
"Use an Accordion, Go to Cotati" is a motto for the Cotati Accordion Festival. Established in 1991, it is one of the most significant accordion festivals in the United States. The festival draws accordion aficionados from all over the world to La Plaza Park to participate in a full weekend of fun, food and music celebrating the beloved squeezebox. In 1997, a statue of festival cofounder Jim Boggio playing an accordion was erected in La Plaza Park.

In 1990, citizens voted for a fixed urban growth boundary and focused development within the City borders. The City then enhanced the downtown area with Priority Development Areas to encourage development in the Downtown Core and Cotati Depot (Santero Way Specific Plan).

In addition, the Sonoma Marin Area Rail Transit (SMART) light rail system began service in 2017, including the Cotati Station situated on the edge of downtown toward the Sonoma State University campus.

Since 2000, population density has increased 17.6% to 4,000 per square mile. Of the jurisdictions in Sonoma County, Cotati has the least amount of exclusionary zoning, only allowing single family dwellings, at just over 40%.

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Packet Pg. 161 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 7 Figure 1: City of Cotati Location within Sonoma County Source: Wikimedia Commons

1.9 CHANGING HOUSING NEEDS AND DEMOGRAPHICS
As Cotati ages and demographics change, different housing needs have arisen, and new programs are needed to meet changing demands. This section explores the characteristics and the housing needs of Cotati residents and helps to provide direction in updating the City’s Housing Element goals, policies, and programs. Comparisons between Cotati’s data and that of Sonoma County and the Association of Bay Area Governments (ABAG) are also covered in this section.

1.9.1 Population Characteristics and Trends
Cotati’s population increased 4.4% between 2010 and 2020, from 7,265 to 7,584. In comparison, Sonoma County’s population increased only 1% between 2010 and 2020, from 483,878 to 488,863. Cotati’s population growth rate of 17.1% over the past two decades is comparable to the surrounding ABAG region at 14.5%.

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Packet Pg. 162 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 8 Age Composition
Cotati’s population is generally younger than the region’s population. The share of the population under 18 years of age is 20.1%, which is slightly higher than the regional County share of 19.3%. Cotati's seniors (65 and above) make up 15.4% of the population, which is lower than the regional share of 20.7%.

Figure 2: Population by Age, 2000-2019
Source: American Community Survey, 2015-2019
Race and Ethnicity
The U.S. Census statistics include the race and ethnicity of a city's population. The most prevalent racial and ethnic categories are as shown in Table 1. The 2010 and 2020 population estimates show that Cotati is experiencing increased percentages of Hispanic and Latino and Native American residents, and decreases in White, Asian, and Black residents. Additional discussion of Cotati’s racial and ethnic composition is included in Section 4.

Table 1: Comparative Trends in Racial and Ethnic Composition, 2010-2020 Cotati Sonoma County California
2010 2020 2010 2020 2010 2020
Hispanic or Latino 17.3% 22.3% 24.9% 27.3% 37.6% 39.4%
White (Non-Hispanic)
alone 72.5% 70.2% 66.1% 58.5% 40.1% 34.7%

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Packet Pg. 163 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 9 Black or African American
alone 1.7% 1.1% 1.4% 2.1% 5.8% 5.4%
Native American alone 1.0% 2.2% 0.7% 2.2% 0.4% 0.4%
Asian alone 3.9% 2.4% 3.7% 4.6% 12.8% 15.1%
Native Hawaiian or Other
Pacific Islander alone 0.4% 0.3% 0.3% 0.4% 0.3% 0.3%
Some other race alone 5.9% N/A 0.2% 0.6% 0.2% 0.6%
Two or More Races 5.5% 6.3% 2.7% 4.0% 2.6% 4.1%
Source: U.S. Decennial Census 2010, 2020
Employment and Income
According to the 2019 American Community Survey, the City of Cotati has 4,060 residents in the workforce. The industries with the highest percentage of employees are Health & Educational Services with 1,132 employees (28% of total), followed by Financial & Professional Services and Manufacturing, Wholesale, & Transportation (both 18% of total).

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Packet Pg. 164 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 10 Figure 3: Resident Employment by Industry
Source: American Community Survey, 2015-2019

1.9.2 Household Incomes and Housing Affordability
Cotati’s median household income was $86,982 in 2019, according to the American Community Survey. This is slightly higher than the County median household income of $86,173. Despite that, there are a considerable number of households (1,042, or 36.7%) with incomes at the “lower” level (80% of AMI or less). The distribution of income is shown in Figure

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Packet Pg. 165 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 11 Figure 4: Household Income Level by Household Size
Source: U.S. Dept. Housing & Urban Development, Comprehensive Housing Affordability Strategy, 2017 When housing prices are very high, many households must spend a larger share of their income on housing. Households are considered housing cost-burdened when their total housing costs exceed 30% of their gross monthly income, and to be severely cost-burdened when their total housing costs exceed 50% of their gross monthly income. Households with very low and extremely low incomes are disproportionately burdened by housing cost.

Figure 5 below shows the number of cost-burdened and extremely cost burdened households by income level. While Cotati had a higher median household income than the County in 2017, there were 1,113 households overpaying for housing, or approximately 39% of households.

Very low-income households in Cotati faced the direst need, with over 80% cost burdened. 1,910 55
1,328 163
2,954 220
1,740
190
6,884 404
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
All other household types Large Families of 5+ Persons
Percent of Households
0%-30% of AMI 31%-50% of AMI
51%-80% of AMI 81%-100% of AMI
Greater than 100% of AMI

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Packet Pg. 166 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 12 Figure 5: Cost Burden by Income Level
Source: U.S. Dept. Housing & Urban Development, Comprehensive Housing Affordability Strategy, 2017

1.9.3 Special Needs Populations
Homeless
The Sonoma County Community Development Commission conducts annual point-in-time surveys of homeless populations. In 2022, 85 people were reportedly experiencing homelessness in Cotati, an increase from 37 people counted in 2020, according to the 2022 Sonoma County Homeless Census Comprehensive Report. Six people were sheltered, and 79 were unsheltered. Stakeholder input indicates that the majority of those unsheltered sleep in cars in the industrial section of Cotati, and that the methodology of the report may include some individuals outside of City limits due to the arrangement of Census tracts. Services for homeless individuals are available in Cotati, and the primary homeless services providers are North House and A Step Up, two group homes providing a total of 19 transitional housing beds for people experiencing homelessness, addiction, and behavioral health issues. Additionally, the County of Sonoma acquired a house on Arthur Street in 2020, which it owns and operates as transitional housing.

Disabled
People with disabilities experience disproportionate rates of poverty and are the most likely population to experience homelessness, cost burden or inability to afford housing. Studies

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Packet Pg. 167 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 13 show that persons with disabilities are more likely to experience discrimination when seeking housing compared to other protected classes. In California, 54% of the discrimination complaints received by the U.S. Department of Housing and Urban Development were related to disability status.

Census data from the American Community Survey 2015-2019 indicate that 10.3% of Cotati residents are disabled: 5.61% of adults have a cognitive disability, 4.02% have an independent living disability, 1.88% have a self-care disability, 4.98% have an ambulatory disability, 1.25% have a vision disability, 5.61% with a cognitive disability and 2.74% with a hearing disability.

These numbers are not exclusive, as some residents have more than one type of disability.

The most commonly occurring disabilities among seniors 65 and older were ambulatory (25.6%) and independent living (15.6%). These needs can be addressed through housing strategies that include universal design in new single-family construction (e.g., an accessible ground floor bedroom and bathroom).

Figure 6: Disability by Type
Source: American Community Survey, 2015-2019
Elderly
Elderly persons often have fixed incomes and may have additional special needs related to access and care that may require physical improvements to their homes such as ramps, handrails, lower cupboards and counters, creation of a downstairs bedroom, or other modifications to enable them to remain in their homes. They may also need assistance in the form of a part-time or live-in caretaker.

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Packet Pg. 168 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 14 According to the American Community Survey 2015-2019, about 13.1% of Cotati’s population is aged 65 and above, lower than the County share of 20.7%. However, 9.9% of the population is in the 55-64 age group, which is projected to increase the population of elderly residents by the end of the Housing Element period.

Large Households
Household size can be influenced by a lack of affordable housing options, an increase or decrease in family formations, families leaving an area, and cultural tradition of living with family members reaching retirement age.

In Cotati, the average household size of 2.72 is larger than the County (2.58). In Cotati, the most common household size is 3-4 people (32.8%), followed by 2-person (27.6%) and 1-person (27.4%) households, as seen in Figure 7. Households with five or more people make up 12.2% of the households. Compared to the Association of Bay Area Governments (ABAG) region, Cotati has a similar share of single-person households (27.4% compared to 25% regionally) and 5+ person households (12% vs. 11%).

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Packet Pg. 169 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 15 Figure 7: Households by Household Size
Source: American Community Survey, 2015-2019
Female-Headed Households
Single parent households, particularly households headed by women, often have lowerincomes and higher living expenses, often making the search for affordable, decent and safe housing more difficult. In addition to difficulties faced by these households in finding and maintaining affordable housing, these households also typically have additional special needs relating to access to day care/childcare, health care and other supportive services.

State law requires an analysis of female-headed households to ensure adequate childcare and job training resources are provided. Of Cotati’s 2,758 total households, 14.3% are femaleheaded; of those, 50.3% had children at home. Of all female-headed households, 17.5% are below the poverty level.

Farmworkers
Farmworkers play a key role in the operation and delivery of the state’s food system. Despite this, farmworkers face a number of economic disadvantages compared to the national population as a whole. Farmworkers tend to have low incomes, higher risk of living in poverty, and limited access to safe, healthy, and affordable housing choices. In 2012, 75% of farmworkers worked alongside or lived with family members according to HCD.

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Packet Pg. 170 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 16 The 2015-2019 ACS identified 153 Cotati residents employed in farming, fishing, and forestry occupations; this represents 3.8% of the Cotati workforce.

1.10 CHARACTERISTICS OF HOUSING STOCK
Type
Cotati’s housing stock consists primarily of single-family units (64.7%), compared to 57% for the greater Bay Area region. As shown in Figure 8, in comparison to the region, the City has a smaller proportion of multifamily units and a similar proportion of mobile homes. However, the share of single-family zoning in Cotati is the lowest among incorporated jurisdictions in Sonoma County according to Generation Housing’s 2022 report, State of Housing in Sonoma County.

Figure 8: Housing Type Trends
Source: California Department of Finance, E-5
Tenure
Housing security can depend heavily on housing tenure (i.e., whether homes are owned or rented). Cotati has the same rate of owner-occupied homes as the ABAG region at 56%. The City’s housing stock consists of 2,758 occupied units, with 1,563 owner-occupied and 1,195 renter-occupied units.

The high cost of housing in the San Francisco Bay Area has made homeownership difficult for younger buyers and seniors on fixed incomes, as indicated in Figure 9 below. Most Cotati

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Packet Pg. 171 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 17 households earning below 100% AMI are renters, and the majority of households earning above 100% AMI own their homes. This is consistent with trends found across the County and the larger ABAG region.

Figure 9: Housing Tenure by Age
Source: American Community Survey, 2015-2019
Age and Condition
The age of Cotati’s housing stock is consistent with trends of the greater Bay Area region. While some homes date back to the early twentieth century, most of the housing stock was built during the housing booms of the 1960s to 1990s.

Substandard housing issues are of limited concern in Cotati, with only 1.2% of owned units and

0.8% of rented units with a deficient kitchen, and 1.2% of owned units and no reported rentals with plumbing issues. However, with over 1,000 units reaching 50 years of age during the next 8 years, rehabilitation needs will likely increase during this planning period.

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Packet Pg. 172 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 18 Figure 10: Housing Units by Year Structure Built
Source: American Community Survey, 2015-2019
Overcrowding
The ACS definition of overcrowding is more than 1.0 occupants per room, where the number of rooms includes all except kitchens, bathrooms, and hallways. Severe overcrowding is defined as more than 1.5 occupants per room. By these definitions, there are 195 overcrowded households and 37 severely overcrowded households in Cotati.

The rate of overcrowding in Cotati (8%) is higher than the County (5%) and ABAG region (7%).

As in other cities, rental units in Cotati are more likely to be overcrowded and severely overcrowded than owner-occupied units, with 17.8% of rental units experiencing overcrowding compared to 1.3% of owned homes. In addition to the high cost of housing, this may be partially attributed to off-campus residences of Sonoma State University students.

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Packet Pg. 173 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 19 Figure 11: Overcrowding Severity
Source: U.S. Dept. of Housing & Urban Development, Comprehensive Housing Affordability Strategy, 2017 Vacancy
Vacancy trends in housing are analyzed using a “vacancy rate” which establishes the relationship between housing supply and demand. For example, if the demand for housing is greater than the available supply, then the vacancy rate is low, and the price of housing will most likely increase. Additionally, the vacancy rate indicates whether the City has an adequate housing supply to provide choice and mobility. A “vacancy” occurs for several reasons; a home may be listed for sale or being prepared for a tenant. Homes can also be held for seasonal or occasional use by their owners. HUD standards indicate that a vacancy rate of 5% is sufficient to provide choice and mobility.

Cotati’s vacancy rate is 5%, with about 153 vacant units. A lower share (15%) of vacant units are for recreational, seasonal, or occasional use compared to the entirety of Sonoma County (48% of vacant units). This indicates that vacancy rates in Cotati are less influenced by the presence of short-term vacation rentals.

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Packet Pg. 174 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 20 Figure 12: Occupancy Status
Source: American Community Survey, 2015-2019
Prices
While Cotati’s median home price trends closely match those of the larger region, purchase prices are consistently lower than the region according to the 2001-2021 Zillow Home Value Index (Figure 13). In April 2022, the median home value in Cotati hit a new peak of $753,319.

Over the last 20 years, Cotati has ranged between 58% to 83% of ABAG regional median home values.

Despite steady increases in home prices in the past ten years, rents and wages have remained relatively consistent in the last decade; see Section 4.

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Packet Pg. 175 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 21 Figure 13: Median Home Values, 2001-2021
Source: Zillow Home Value Index (ZHVI), 2001-2021
Preservation of Assisted Units at Risk of Conversion
There are no deed-restricted affordable housing developments within the City with a high risk of conversion to market rate in the next ten years. Programs to assist in the preservation of atrisk housing are discussed in Section 2 and Section 4.

1.11 SUMMARY OF CONSTRAINTS
As discussed in Section 4, governmental and non-governmental constraints directly affect the production of housing in a City. Non-governmental constraints such as land costs and construction expenses can limit the development of affordable housing. Relevant nongovernmental constraints include availability of vacant land, the high cost of land and development, and community resistance.

Although financing is readily available for qualified homebuyers, home purchases may be difficult for lower and moderate-income buyers with limited down payments. Homebuyers using conventional financing may also be competing with all-cash offers for homes. These nongovernmental constraints affect the cost of development in Cotati and serve as barriers to housing production and affordability.

In addition to non-governmental constraints, policies and regulations at the Federal, State, and local levels can affect housing production. Local governmental constraints such as processing requirements for development applications, design and development standards, density

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Packet Pg. 176 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 22 limitations, fees and exactions, and uncertainty associated with obtaining permits can affect the price and availability of housing. Potential governmental constraints in Cotati are explored in Section 4.

1.12 SUMMARY OF FAIR HOUSING ANALYSIS
Assembly Bill 686 (Affirmatively Furthering Fair Housing, or AFFH) requires state and local agencies to take proactive measures to correct any housing inequalities related to race, national origin, color, ancestry, sex, marital status, disability, religion, or other protected characteristics. All Housing Elements due on or after January 1, 2021, must contain an Assessment of Fair Housing. Agencies must ensure that their laws and programs affirmatively further fair housing, and that they take no actions that counter those goals.

Under State law, Affirmatively Furthering Fair Housing, means “taking meaningful actions, in addition to combatting discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” Agencies must include in their Housing Elements a program that promotes fair housing opportunities while identifying areas of racial/ethnic concentration across the socioeconomic spectrum. In the context of a community’s housing needs, AFFH is not just about the number of housing units needed, but also about where the units are located and who has access to them.

AB 686 enacts new requirements for the Assessment of Fair Housing; this assessment is contained in Section 4 along with a zoning history of Cotati and allowed housing types. Per HCD Guidance, the analysis assesses enforcement and outreach capacity, segregation and integration patterns, disparities in access to opportunity, disproportionate housing needs including displacement, and concentrated areas of poverty and affluence across racial/ethnic groups.

Data compiled in the Assessment of Fair Housing and Regional Fair Housing Analysis found high-priority challenges to fair housing and contributing factors to equal access to affordable housing in high opportunity areas in the City including:
 Displacement of residents due to economic pressures (rent increases, priced out);  Lack of affordable units appropriately sized for large families;  Community opposition;
 Lack of awareness of and funding for fair housing outreach and enforcement;  Lack of public investment in neighborhoods, including services & amenities.

While it is not uncommon to find enclaves of persons with similar cultural background and values, it is necessary to analyze any area demonstrating racial or economic concentration to ensure that the community is not experiencing disparities in access to opportunities such as education, employment, and amenities. Economic, health and environmental metrics are all considered when determining a community or neighborhood’s resources level. The composite score typically used to describe the resource level includes indicators of relative poverty and affluence in three areas:

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Packet Pg. 177 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 23  Economic Score, including indicators such as poverty, employment, median home values, and adult education;
 Education Score, including proficiency scores for math & English as well as high school graduation rates;
 Environmental Score, including air pollution indicators, traffic density, drinking water contaminants, impaired water bodies, hazardous waste facilities, and pesticides.

An in-depth analysis including an Assessment of Fair Housing is included in Section 4. Section 2 includes specific policies, programs, and actions to be undertaken by the City to address these areas of concentration and to affirmatively further fair housing. Section 3 contains the housing sites location information and maps as part of the AB 686 requirement that jurisdictions identify sites throughout the community in a manner that is consistent with their duty to Affirmatively Further Fair Housing.

Ensuring Equitable Zoning Practices
Single-family zoning is exclusionary when it occurs to the exclusion of other types of residential uses. While Cotati has a high proportion (65%) of single-family homes, it coexists with multifamily zoning. AB 686 requires the City to adopt programs to overcome and reverse historic patterns of exclusion, and to identify locations for affordable housing through the AFFH lens.

The approach taken in the 2023 Housing Element to address past exclusionary zoning practices and to affirmatively further fair housing is two-fold.  First, programs are included that amend the City code to allow for all types of housing, including the multifamily apartments and duplexes that have previously been less common in suburban cities such as Cotati;
 Secondly, the location of potential housing sites to meet Cotati’s lower-income RHNA is considered through an equity lens, not only by choosing locations in areas throughout the city but also by including programs to promote the development of missing middle houses, duplexes, triplexes, ADUs, and affordable JADUs in the city’s single-family residential neighborhoods.

The Housing Element requires jurisdictions to zone for a variety of types of housing, and programs are included to allow staff-level approval of certain types of housing including low barrier navigation centers and permanent supportive housing in compliance with new state law.

Section 2 includes the specific policies and programs to reverse exclusionary zoning and to affirmatively further fair housing; Section 3 contains the housing sites location information and maps. Sites to be considered for higher-density housing are included within Moderate Opportunity Areas, currently the highest resource designation in Cotati.

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Packet Pg. 178 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 24 1.13 REGIONAL HOUSING NEEDS ALLOCATION
The Regional Housing Needs Allocation (RHNA) is a requirement of State housing law and is a determination of projected and existing housing needs for all jurisdictions in California. The Association of Bay Area Governments (ABAG) conducts the RHNA process every eight years.

Every jurisdiction must plan for its RHNA allocation in the Housing Element by ensuring enough sites with appropriate zoning to accommodate their RHNA. The goal is to ensure that local plans have enough appropriately zoned land to accommodate existing and projected housing needs for all income levels for the entire 8-year planning period. Jurisdictions are not expected to build the housing, but they must plan and zone for it.

The RHNA methodology applies several factors to further the objectives of State law and meet the goals of the Plan Bay Area 2050. After a RHNA total is calculated, a social equity adjustment is applied to determine the four income categories. The social equity adjustment is based on household income and access to resources. One of the five objectives of State housing law is to ensure that there is not an overconcentration of households by income group in comparison to the county or regional average. To ensure that the RHNA methodology does not overburden low-income jurisdictions with more low-income households, a social equity adjustment is applied during the Income Group process. Higher income jurisdictions are required to plan for fewer market rate units and more affordable units, while lower income jurisdictions plan for more market rate units and fewer affordable units.

Cotati’s RHNA for the period between January 2023 – January 2031 is 237 units, divided between income groups are shown in Table 2.

Table 2: Cotati Regional Housing Needs Allocation (RHNA), 2023-2031 Jurisdiction Very Low
Income
(<50% AMI)
Low Income
(50-80%
AMI)
Moderate
Income
(80-120% AMI)
Above
Moderate
Income
(>120% AMI)
Total
Cotati 60 34 39 101 234
Source: ABAG Draft Regional Housing Needs Allocation Plan: San Francisco Bay Area, 2023-2031 While the RHNA is assigned based on the four income categories above, the law also requires that communities plan for the needs of extremely low-income households, defined as those making less than 30% of the County AMI. The housing need for the extremely low-income group is generally considered to be one-half of the very low-income need. Section 3 provides an analysis of the sites available to meet the City’s assigned RHNA, the Sites Inventory, and any constraints to development of the listed housing sites.

Since its entire RHNA can be accommodated on existing sites with appropriate zoning, Cotati has a “RHNA surplus” and the City does not need to rezone sites to meet its regional housing need. Section 3 provides an analysis of the RHNA surplus, the required sites information, and the housing sites inventory.

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Packet Pg. 179 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 25 1.14 2015 COTATI HOUSING ELEMENT REVIEW
Cotati successfully implemented variety of housing programs in its 2015 Housing Element. An evaluation of the City’s progress toward achieving those programs, including an analysis of the differences between what was projected and what was achieved, provides useful data to determine any new or revised policies and programs for the 2023 Housing Element.

In the 2015-2023 Housing Element Update, the City planned for the expansion of the local housing supply for affordable and market-rate housing as well as maintenance and improvement of the existing housing stock. Implementation programs included:
 Providing adequate sites at a range of densities to accommodate future housing needs;
 Assisting in the development of adequate housing to meet the needs of extremely low, very low, and moderate-income households;
 Conserving and improving the existing housing stock through Community Preservation rehabilitation loans and a handy worker program;  Preserving the affordability of existing homes that were at risk of conversion to market-rate during the planning period;
 Addressing and, where appropriate and legally possible, removing government constraints to the maintenance, improvement, and development of housing for all income levels; and
 Promoting housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability Progress Implementing Programs
The City has been successful in implementing most of the programs in its 2015 Housing Element. See Table 4 at the end of this section for a full list of the City’s implementation programs and their status.

Table 3: Progress in Achieving 2015 Quantified Objectives by Income Income
Group
New
Construction
Projected/
Actual
Rehabilitation
Projected/
Actual
Preservation
Projected/
Actual
2015
Quantified
Objective
Total Units
Realized
2015-2022
Extremely
Low -
Very Low
30 / 11 6 / 0 37 / 0 36 11
Low 35 / 19 4 / 0 45 19
Moderate 15 / 24 25 / 0 -- 71 24
Above
Moderate 100 / 82 25 / 0 -- 152 82
Total 180 / 136 60 / 0 37 / 0 339 136

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Packet Pg. 180 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 26 Lessons Learned
The City was able to meet a number of its objectives through successful programs, including those that preserved affordable units at risk of market-rate conversion, promoted the development of ADUs/JADUs, and allowed of streamlining of housing in the Neighborhood Urban (NU) Zone to support infill development. The City made progress through other programs that were partially achieved including programs supporting affordable housing development, as planned projects encountered difficulties and delays due to a lack of financing. Not all the programs were successful, as shown in Table 4.

The high cost of land and construction has made it a challenge for the City to reach all of its programs and quantified objectives. The market drives the cost of development and due to the high cost of construction and land in Cotati, it can be challenging for developers and investors to procure land, build units and then sell or lease them at an affordable rate. These non-governmental factors had the largest effect on the success of the City’s housing policies and programs.

Other factors that led to poor utilization of some of the programs included a lack of information about and promotion of some of the City’s available housing programs such as the utilization of Section 8 vouchers among landlords and residents. Without a focused effort to promote the availability and ease of application for these programs, few residents, property managers, and developers are made aware of them. Additional promotion will help the less successful, yet still applicable programs reach a wider audience and increase participation.

1.15 PROGRAM CHANGES IN 2023 HOUSING ELEMENT
The 2023 Housing Element update is not a comprehensive "new" Housing Element, but rather an update of the 2015 Housing Element. The focus of the update process has been to keep the programs that are working, adding new policies and programs where community needs have changed or where necessary to comply with new State laws. New or revised goals, objectives, policies, and programs are included to meet changing needs and to incorporate community and stakeholder input. Ongoing policies and programs that have been successful are continued in the Housing Element update; limited-term programs that have already been accomplished have not been carried forward.

Table 4 provides an evaluation of the programs from the 5th Cycle Housing Element and the City’s level of success in achieving them.

Table 4: 2015-2023 Housing Element Program Implementation Status Program Timeframe Progress Status
Program 1-1: Housing
Rehabilitation and
Home Ownership
Improve neighborhoods
and housing by
providing opportunities
for homeownership and
housing rehabilitation.

Annually Partially Successful.

Opportunities for
homeownership have been
provided through the
inclusionary program. While a
source of funding for
rehabilitation has not been
identified, the City is working
Program will be
continued, with
increased
reliance on the
existing CDC
Programs for
funding and
with the

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Packet Pg. 181 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 27 Program Timeframe Progress Status
with the Sonoma County CDC
to access their rehabilitation
program for mobilehomes and
low-income owners.
addition of
annual
reporting within
the APR.

Program 1-2: Non-Profit
and Agency
Coordination – Existing
Housing Needs
Continue working with
and develop new
relationships with local
agencies, nonprofits
and others to identify
funds and provide
rehabilitation assistance.

Ongoing Successful. The City has greatly
expanded its relationships with
NPOs and service providers,
both through the CDC and
through direct outreach. Efforts
have resulted in rental and
utility bill assistance for lowerincome residents, expanded access to ADU resources and
financing through the NapaSonoma ADU Center, and a
formalized relationship with the
Housing Land Trust (HLT) to
provide expertise and resale
assistance for BMR units.

Program will be
modified and
continued.

Program 1-3: Capital
Improvement Program
As part of the annual
review of the Capital
Improvement Program
(CIP), determine what
special priorities are
needed for capital
improvement projects
required to maintain the
community's older
residential
neighborhoods.

Annually Successful. To serve existingand new residential development areas, the City
completed a major sewer
upgrade in 2019 and repaving
projects in fiscal years 19/20
and 20/21. The City has
performed video inspections of
most older sewer lines, and has
begun repair and replacement
efforts, including on
William/Olof and West Sierra
Avenue.

Program will be
continued with
the addition of
annual
reporting of
progress within
the APR.

Program 1-4: Housing
Inspection and Code
Enforcement
Inspect housing units
upon receiving
complaints regarding
health and safety
problems and require
compliance with
applicable building and
housing codes.

Ongoing Successful. Since 2015, the
City has contracted with a code
compliance professional and
has resolved several unpermitted construction and
substandard housing
conditions, while working to
improve substandard
properties within established
residential neighborhoods. The
City has implemented a Code
Enforcement webpage to
Program should
be continued
with the
addition of
annual
reporting of
progress within
the APR.

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Packet Pg. 182 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 28 Program Timeframe Progress Status
educate residents and enforce
regulations.

Program 1-5 (sic):

Condominium
Conversions
Revise Section

17.74.030 of the Land
Use Code to regulate
conversion of rental
housing to
condominiums.

Ongoing Successful. The City adopted a
condominium conversion (see
City Code 17.74.030).

Program is
complete and
will not be
carried forward.

Program 1-5 (sic):

Mobile Home Park
Conversion to
Ownership
Work with residents and
owners to facilitate
resident purchase of
mobile home parks,
including identifying
funding sources such as
HCD’s Mobilehome Park
Resident Ownership
Program (MPROP).

Ongoing Partially Successful. No MHPs
were converted to resident
ownership as there was no
interest. However, the City has
prioritized maintenance of
MHPs as a component of the SB
2 grant-funded work to expand
and streamline residential
development, and will continue
to make residents aware of the
mobile home park ownership
options as needed or as
interest arises.

Program should
be continued on
an as-needed
basis, with the
addition of
annual
reporting within
the APR.

Program 1-6: Inventory
Affordable Housing and
Mobile Home Parks
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. The
list shall also identify all
mobile home parks in
the City.

Ongoing Successful. The inventory has
been completed for all
conventionally built units with
restrictions, and the State HCD
provides a listing of all
mobilehome parks within the
City.

Program is
complete and
will not be
carried forward.

Program 1-7:

Preservation of
Affordable Units
Conserve affordable
units by monitoring “at
Ongoing Successful. Units were
monitored, and in 2021
Windwood Apartments came
up for sale with 10 years left on
deed-restriction. City
Program will
continued as
New Program 1-

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Packet Pg. 183 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 29 Program Timeframe Progress Status
risk” developments,
assisting the owners in
acquisition, and educate
tenants.
committed $250,000 from
Housing Fund to assist nonprofit developer Burbank
Housing in acquisition,
rehabilitation, and 55-year lowincome deed renewal.

Program 2-1: Adequate
Housing Sites
Continue to maintain an
inventory of vacant and
underdeveloped
residentially designated
land.

Ongoing Successful. Sites identified in
the 5th Cycle developed as
housing or remained
sufficiently available for
development throughout the
planning period.

Program will be
continued and
modified to
meet new No
Net Loss
requirements.

Program 2-2:

Affordable Housing
Requirement
Continue to implement
Chapter 17.31,
Affordable Housing
Requirement, to
encourage
development of
affordable units in
conjunction with market
rate development.

Ongoing Successful. The City has
continued to implement its
Code.

Program was
already adopted
into Code and
will not be
carried forward.

Program 2-3: Second
Dwelling Units
Periodically review, and
update, as needed, the
Second Unit Ordinance
to determine what
revisions may be
required facilitate the
construction of second
dwelling units while
maintaining the
character of residential
neighborhoods.

Biannually Successful. The City adopted a
local ADU/JADU ordinance in
2020 to address changes in
State law. The City has further
established partnerships with
local nonprofits, the Napa
Sonoma ADU Center and
Homes for Sonoma. Further,
City staff worked internally to
develop an ADU specific
webpage, which provides
information to residents on
construction of ADUs.

Program will be
carried forward
and revised to
remove
discretionary
language and to
specify tracking
of ADU permits
issued every 2
years.

Program 2-4:

Emergency Shelters,
Transitional Housing,
and Supportive Housing
The City will continue to
seek sources of funding,
Ongoing Successful. Code changes
completed in 2015 to allow
development of shelters and
transitional/supportive housing.

The City has partnered with
Catholic Charities on their Safe
Program will be
carried forward.

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Packet Pg. 184 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 30 Program Timeframe Progress Status
including Emergency
Housing Assistance
Program and
Emergency Shelter
Grant funds through the
County, in order to
support provision of
emergency shelters,
transitional housing, and
supportive housing by
interested
developers/operators to
provide housing for
homeless persons and
households at-‐risk of
homelessness.

Parking program in 2015. The
County CDC purchased a
three-unit property in Cotati in
2019 to provide transitional
housing.

Program 2-5: Priority
Water and Sewer
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).
2015 Successful. Providers were
promptly notified of the 5th
Cycle Housing Element, and
continued coordination
resulted in prioritization of a
sewer project completed in
2019 to facilitate new
development.

The notification
of providers is
required by
State law and a
Program is not
needed. This
practice will
continue as
reflected in
Policy H-2.4.

Program 2-6: Barrier
Removals for MultiFamily Development
The Land Use Code will
be amended to remove
two potential barriers to
the provision of multi-‐
family housing.

Ongoing Partially Successful. In 2021,
the City of Cotati increased the
allowable share of housing in
mixed-use developments from
25% to 75%. Further code
changes are included within
this Housing Element to allow
by-right approval of certain use
types in certain zones.

Program will be
carried forward
and amended to
address
changes in State
law (see New
Programs
2-2 and 3-1).

Program 3-1:

Affordable and Special
Needs Housing
Incentives
As part of development
project review and
processing, provide
incentives for affordable
housing particularly
housing affordable to
extremely low income
Ongoing Partially Successful. Standards
were set, but eligible projects
failed to move forward due to
lack of financing.

Program will be
carried forward
and amended to
address State
requirements
set forth in AB
2345.

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Packet Pg. 185 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 31 Program Timeframe Progress Status
households, and special
needs housing.

Program 3-2: Planning
for Affordable and
Special Needs Housing
Develop a housing
stakeholders group that
includes affordable
housing developers and
special needs group
stakeholders, that will
meet annually to identify
potential housing
projects and priorities
Ongoing Partially Successful. The City's
Land Use Code requires 10% of
all units in new subdivisions to
be single story and universally
accessible to allow for full
conversions in the future. A
formal stakeholders group for
the City was not formed, but
input is received from
individuals and county wide
groups.

Program
initiated key
code change
and will not be
carried forward
in this form.

New Program 3-
3 focuses on
funding for
affordable and
special needs
housing, and
New Program 5-
3 codifies
actions for more
meaningful
stakeholder
engagement.

Program 3-3: Funding
for Affordable and
Special Needs Housing
Seek available funding
for lower income and
special needs housing
and ensure that local
funds (Housing Fund)
are used to provide
affordable housing and
special needs housing
that addresses the City’s
priorities.

Ongoing Partially Successful. Successes
include County purchase of
three units for supportive
housing, and City funding
contribution for the Windwood
Apartment acquisition by
Burbank Housing. However, the
scale of funding leveraged and
obtained was not sufficient to
meet the City’s lower income
RHNA.

Program will be
carried forward
(New Program
3-2) and
amended to
address room
for
improvement in
securing
affordable
housing
financing. New
Program 3-6
further supports
pursuit of
external
funding.

Program 3-4:

Reasonable
Accommodation
Ensure that reasonable
accommodation is
provided for persons
with a disability,
including
Ongoing Successful. Requests for
accommodation have been
facilitated expediently with no
complaints from applicants.

Program will be
carried forward
(New Program
4-4) and
amended to
incorporate
review of City
Code, to ensure
accommodation

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Packet Pg. 186 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 32 Program Timeframe Progress Status
developmental
disabilities
requests are
accessible and
Code
deficiencies are
promptly
addressed.

Program 3-5: Senior
Shared Housing
Programs
Contact the Community
Development
Commission of Sonoma
County and non‐profit
housing organizations to
determine whether they
would be interested in
implementing a Senior
Shared Housing
Program in Cotati.

Ongoing Partially Successful. Code
amendment adopted, but no
program initiated. ADU/JADU
ordinance indirectly addresses
senior shared housing
opportunity.

Program will not
be carried
forward in its
present form,
yet the County
CDC continues
to implement a
shared senior
housing
program in
conjunction with
SHARE Sonoma
County.

Housing for
special needs
populations,
including
seniors, are
addressed
throughout the
Housing
Element.

Program 3-6: Maintain
Adequate Staff
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.

Ongoing Partially Successful. Staffing
has been a challenge for the
City due to economic
conditions, but staffing has
been expanded in recent years.

Additionally, consulting
services have been used to fill
in the gaps and to fast-track
housing development
applications when needed.

Program will be
continued with
the addition of
annual
reporting of
progress within
the APR.

Program 3-7: TaxExempt Financing
Require developers
utilizing tax-‐exempt
financing to include
language in agreements
Ongoing Unsuccessful. No developers
utilized tax-exempt financing in
the 5th Cycle.

Program will be
carried forward
(New Program
3-4: Housing
Choice
Vouchers) and

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Packet Pg. 187 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 33 Program Timeframe Progress Status
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.
amended to
expand
outreach and
resources
available for
landlords and
tenants seeking
to utilize the
Section 8
program.

Program 3-8: Review
Processing Fees
Explore opportunities to
provide reduced
processing fees and
discounts for staff time
spent during the
development review of
qualified affordable
housing projects.

Consider development
of a sliding scale for
permit processing fees
that rewards and
incentivizes projects
with significant
affordable housing
components.

Ongoing Successful. The City has
proactively worked with
developers to waive impact
fees for affordable units, defer
fees to reduce carrying costs on
units under construction, and
comply with State law on
impact fee exemptions for
accessory dwelling units
(ADUs).

Program will be
continued (New
Program 3-5)
and amended to
address new
requirements of
state legislation
including SB
330 and AB 602.

Program 3-9: Monitor
Use Permit
Requirements for
Affordable Housing
Monitor the
requirement for a Use
Permit for multi‐family
projects larger than 4
units in the NU Zone to
ensure that affordable
housing projects are
being accommodated. If
the requirement for a
Use Permit is shown to
be an impediment to
the development of
affordable housing
projects in the NU Zone,
Ongoing Successful. The City has
removed conditional use
permits within the NU Zone to
expedite more housing
approved on a staff level.

The program
has been
completed and
will not be
continued.

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Packet Pg. 188 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 34 Program Timeframe Progress Status
review the feasibility of
allowing multi‐family
projects larger than 4
units in the NU Zone as
a Permitted Use.

Program 4-1: Housing
Discrimination
Complaints
Continue to designate
the Community
Development Director
as the City’s Equal
Housing Opportunity
Coordinator and ensure
that City residents have
access to information
regarding their fair
housing rights. Continue
to refer fair housing
complaints to Fair
Housing of Sonoma
County and continue to
provide information
regarding equal
housing opportunity
laws.

Ongoing Successful. All housing
discrimination complaints were
met with positive resolution.

Program will be
continued.

Program 4-2:

Nondiscrimination
Clauses
Include
nondiscrimination
clauses in rental
agreements and deed
restrictions for housing
constructed with City
assistance.

Ongoing Successful. The City has
continued to assist affordable
housing developers in ensuring
agreements with
nondiscrimination provisions.

Program will be
continued.

Program 4-3:

Nondiscrimination
Coordination
Continue to address fair
housing issues through
participation, through
the Urban County or
other sources, in Fair
Housing Sonoma
Ongoing Successful. The City has
continued to work with the
County government and
regional fair housing
organizations to resolve
disputes as they arise.

Program will be
continued.

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Packet Pg. 189 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 35 Program Timeframe Progress Status
County and Fair
Housing of Marin
(organizations that
provide assistance in
response to housing
discrimination
complaints and well as
tenant/landlord
mediation).

Program 5-1: Energy
Conservation and
Efficiency
Promote energy
efficiency and
conservation in
residential
development.

Ongoing Successful. The City has
focused on infill, city-centered
growth to reduce sprawl and
support a compact, walkable
community utilizing existing
infrastructure. Residential solar
is required by State law and
implemented by the City’s
Climate Action Plan.

Program will be
continued (New
Program 1-8)
and modified to
incorporate EV
charging and
water
conservation
measures in
response to
community
input.

Program 6-1: Annual
Report
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,
and 3) an updated
summary of the City's
housing needs. Submit
this report to the
Department of Housing
and Community
Development by April 1
of each year.

Annually Successful. The City continues
to submit a comprehensive
Annual Report to the State each
year by April 1.

Program will be
continued (New
Program 5-1).

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Packet Pg. 190 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 36 Program Timeframe Progress Status
Program 6-2:

Workshops and Public
Hearings
Hold 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.

Ongoing Successful. Within and beyond
the requirements of the
Housing Element process, the
City has taken an active role in
engaging the public on the
issue of housing through
surveys and workshops.

Program will be
continued (New
Program 5-2).

SECTION II: HOUSING STRATEGY

2.1 HOUSING STRATEGY
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, longterm 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, factorybuilt 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.

12.A.a
Packet Pg. 191 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 37 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 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:
 Methods to promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color.  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 Table 5.

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)

12.A.a
Packet Pg. 192 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 38 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)
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 and water efficiency in new and existing residential development to ensure sustainable practices and reduce longterm 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)

12.A.a
Packet Pg. 193 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 39 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, as budget allows.
 Responsibility: Community Development Department
 Funding: CDBG, HOME, BEGIN, etc.
 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. Participate in an annual discussion on Housing Fair between housing developers, decisionmakers, 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.

12.A.a
Packet Pg. 194 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 40  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 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 will be accomplished through improvements scheduled in the Downtown Specific Plan Area, South Sonoma Business Park, and 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
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 will:
 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.

12.A.a
Packet Pg. 195 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 41  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 sufficient time prior to expiration of deedrestriction.  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.
 The City has committed to providing financial assistance and will support Burbank Housing in their effort to acquire and preserve the affordability of Windwood Apartments. The City will report on its efforts annually during the preparation of the Annual Progress Report until the units are made available for occupancy, and will count these units towards their RHNA, as allowed by Government Code Section 65583.1(c)(1).
 Responsibility: Community Development Department
 Funding: City of Cotati Affordable Housing Fund, Sonoma County Community Development Commission and HCD 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 Mobile home 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

12.A.a
Packet Pg. 196 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 42  Funding: City/HCD Mobile Home 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 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 of this Housing Element update; 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 restrict future rents to be affordable to households that earn extremely low to moderate incomes, and/or (2) the construction of new 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 then 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.

Municipal ownership reduces or eliminates the property tax burden and reduces the financing interest costs due to the tax-exempt bond, reducing the carrying cost of the property and allowing the reduced rents to be realized.
 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 any General Plan or Specific 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 Priority Development Areas (PDAs) with public serving facilities, such as medical clinics, schools, and grocery stores, to discourage sprawl and encourage short vehicle trips and/or alternative forms of transportation.

12.A.a
Packet Pg. 197 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 43  During preparation of specific plans and master plans, encourage location of higher density residential areas within walking distance of transit, 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, electric vehicle charging, 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.
 Create a city-wide standard for deployment of electric vehicle charging, based on residential use types.
 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 and Grant Funding
 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 H2.1 & 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

12.A.a
Packet Pg. 198 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 44 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 H-2.5)
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 and office areas where the viability of the nonresidential activities would not be adversely affected. (Source: Previous Policy H-2.7)
Policy H-2.7 Require housing developments to provide housing units 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 H-2.10)
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)

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Packet Pg. 199 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 45 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 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 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. Alternate sites shall be made available within 180 days of approval of the development, as required by Senate Bill 166. Identification of the replacement sites, and any necessary actions, 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

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Packet Pg. 200 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 46 Program 2-2: Streamlining Housing Development
(Source: Previous Program 2-6, 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 supplemental contract 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.  Develop Objective Design and Development Standards for multi-family, singlefamily and mixed-use 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: Accessory Dwelling Units (ADUs)
(Source: Previous Program 2-3)
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.

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Packet Pg. 201 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 47  Partner with 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 this 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, review options for providing a small grant program to assist eligible residents with costs associated with permit processing or implement other costreducing measures to increase ADU development as the budget allows. Such a grant program shall prioritize ADUs affordable by design to lower and moderateincome residents, as funding allows.  Responsibility: Community Development Department
 Funding: General Fund
 Timeframe: 2024; as specified for specific follow up actions Program 2-4: 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 including multiplexes, courtyard cottages, and other such housing types deemed “affordable by design” and allowable under the Cottage Housing Ordinance. 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.

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Packet Pg. 202 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 48  Investigate a supplemental ordinance utilizing SB 10 framework in order to streamline existing provisions of the Cottage Housing Ordinance and expand upon those provisions as deemed appropriate by the City Council.  Responsibility: Community Development Department
 Funding: General Fund
 Timeframe: Annually
Program 2-5: Continuum of Care and Crisis Response
(Source: Previous Program 2-4)
The City will work through the Continuum of Care 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 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, Police Department  Funding: General Fund
 Timeframe: Ongoing
Program 2-6: Santero Way Specific Plan
(Source: New Program, addresses identified housing needs and fair housing) In order to increase residential development in Moderate Resource areas and near amenities, the City will update the Santero Way Specific Plan to increase residential capacity within the Specific Plan area.
 Responsibility: Community Development Department
 Funding: Regional Early Access Planning (REAP) Grants and General Fund  Timeframe: 2026
Goal H-3: Affordable, Attainable & Accessible Housing
Expand Affordable Housing Opportunities for Low er Income Households and Persons w ith 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 singlefamily units; implement objective design and development standards in triannual building code 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

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Packet Pg. 203 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 49 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 extremely low, 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 open-space 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.

City staff will bring forward Municipal Code amendments to address recent changes to State law including, but not limited to the following:

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Packet Pg. 204 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 50  Allow Permanent Supportive housing, as defined in Government Code Section 65650, to be a by-right 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 mixed-uses 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.
 Allow Residential Care Facilities for 7-10 clients as a permitted use in residential zones, subject only to clear, transparent, objective standards.  Amend Density Bonus ordinance for consistency with Government Code 65915, as amended by AB 2345, including updated parking standards for residential projects.  Amend the City’s Zoning Code to permit manufactured homes in the same manner, in the same zones, and only subject to the same requirements as other single-family residential uses.
 Amend the City’s Zoning Code to use the maximum parking requirements in Government Code Section 65915 for all multifamily projects without the need for any developer request.
 The City will complete 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.  The City will complete 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.  The City will allow developments by right pursuant to Government Code section 65583.2(i) when 20 percent or more of the units are affordable to lower-income households on sites identified to accommodate the lower income RHNA that was previously identified in past Housing Elements.
 Responsibility: Community Development Department
 Funding: General Fund
 Timeframe: Land Use Code revisions adopted in 2023; amend remaining plans regulating land use by June 2024; complete required rezonings by 2026

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Packet Pg. 205 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 51 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 of discretionary projects 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, female-headed 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 support of applications for discretionary 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 for individuals and 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
 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: 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, the Sonoma County Community Development Commission, or other regional partners to supply contract planners and supplemental staff services as needed to facilitate the production, protection, monitoring, and preservation of housing in the City.

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Packet Pg. 206 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 52  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 3-4: 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 the 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
 Timeframe: On-going; quarterly monitoring
Program 3-5: 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, where the City fell short of 5th Cycle RHNA targets.

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

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Packet Pg. 207 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 53  Funding: General Fund, Housing Fund, and any available grant funds for housing programs
 Timeframe: During fiscal year 2022/23, prior to June 30, 2023.

Program 3-6: Prohousing Designation
(Source: New Program)
Through addressing constraints to development and fair housing opportunity, the City will investigate the local feasibility 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)
 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

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Packet Pg. 208 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 54 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 deedrestricted affordable, prioritize developments subject to a higher likelihood of displacement.
 Responsibility: Community Development Department
 Funding: General Fund and Grant Funding
 Timeframe: On-going
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 in developments with City assistance by 2025.

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Packet Pg. 209 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 55  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 website. Include information about Fair Housing of Sonoma County to ensure residents with grievances can connect to the appropriate agencies and services.
 Responsibility: Community Development Department
 Funding: General Fund
 Timeframe: On-going
Program 4-4: Reasonable Accommodation
(Source: Previous Program 3-4)
Continue to 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 (every two year) 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; biannual 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 for 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

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Packet Pg. 210 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 56  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.

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
Goal H-5: Community Engagement
Ensure Public Participation in the Development of the City’s Housing Policies Policy 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

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Packet Pg. 211 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 57 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 residents and workforce of Cotati, to engage stakeholders directly involved in housing, the City shall:
 Continue to notify local and regional housing developers about the availability of public lands in compliance with the Surplus Lands Act.
 Participate in housing stakeholder workshops or Housing Fairs that includes housing developers, property managers, community leaders, advocates, and special needs group stakeholders. These workshops are 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
 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

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Packet Pg. 212 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 58  Timeframe: On-going

2.2 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 Table 5 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 5: Summary of Quantified Objectives, City of Cotati, 2023-2031 Program Types Extremely
Low-Income
Very LowIncomeLow-Income ModerateIncomeAboveModerate Income
New Construction 20 19 19 26 98
Preservation of
Affordability
10 10 8 0 0
Rehabilitation 1 1 1 0 0
Conversion 0 0 0 0 0
ADUs/JADUs 12 12 12 4 40
Total 43 42 40 30 138

SECTION III: HOUSING SITES

3.1 CONTEXT
Under Government Code Section 65583(a)(3), the City must identify suitable adequate sites with capacity to fulfill its fair share of regional housing needs, as determined by ABAG’s Regional Housing Needs Assessment (RHNA). These sites can include vacant sites zoned for residential use, vacant sites that allow residential development, and underutilized sites that are capable of being redeveloped to increase the number of residential units. These sites must have the realistic potential for new residential development within the Housing Element

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Packet Pg. 213 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 59 planning period. Additionally, jurisdictions may receive credit towards their RHNA for units in planned, approved, and pending residential projects, projected development of accessory dwelling units, and through other adequate alternatives described in Government Code Section 65583.1(c).

Cotati has a RHNA of 234 units, divided among the following income categories:

Table 6: Cotati Regional Housing Needs Allocation (RHNA), 2023-2031 Jurisdiction Very Low
Income
(<50% AMI)
Low Income
(50-80%
AMI)
Moderate
Income
(80-120% AMI)
Above
Moderate
Income
(>120% AMI)
Total
Cotati 60 34 39 101 234
Source: ABAG Draft Regional Housing Needs Allocation Plan: San Francisco Bay Area, 2023-2031 Cotati is meeting its RHNA through the following means:
 Planned, approved, and pending projects projected to develop during the planning period;
 Sites identified in the Sites Inventory, including sites on vacant and non-vacant land;  Sites identified for rezoning under an Adequate Sites Program;  Conversion of units from non-affordable to affordable under an Adequate Sites Program Alternative; and
 ADU development projections.

Legislation passed since the last Housing Element update has added more stringent requirements for the Sites Inventory. Assembly Bill 1397 addresses standards for the adequacy of inventoried housing sites, including non-vacant sites and sites that were identified in previous Housing Elements. Senate Bill 166, the “No Net Loss” law, requires a jurisdiction to ensure a Housing Element Sites Inventory maintains capacity to accommodate the RHNA by income group throughout the entire Housing Element planning period. Because of this requirement, this sites inventory includes a 36% buffer for lower-income units and an 190% buffer for moderate-income units, uses realistic affordability and capacity assumptions, and relies on a variety of strategies to ensure the City addresses its housing needs. Additionally, programs are included within the Housing Element to ensure the City complies with new ‘No Net Loss’ requirements and maintains sufficient sites in inventory. Pursuant to Chapter 667, Statutes of 2019 (SB 6), the site inventory is also prepared using the standards and electronic forms adopted by HCD. The full site inventory can be found in Appendix D.

3.2 PROJECTED DEVELOPMENT AND RHNA CREDIT
As allowed by Government Code Section 65583.1 and 65583.2(a), Cotati is counting the projected development of Accessory Dwelling Units (ADUs) and the capacity of planned, approved, and pending residential projects towards their RHNA. After considering these sites, the City is projected to develop 368 units, sufficient units to surpass its entire RHNA allocation.

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Packet Pg. 214 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 60 However, these units are not anticipated to meet the RHNA by income level, with an outstanding need for moderate- and lower-income units. Housing sites and adequate sites programs have been identified to meet the capacity for the remaining moderate- and lowerincome RHNA and to provide a buffer of unit capacity for No Net Loss considerations.

3.2.1 ADUs and JADUs
An Accessory Dwelling Unit (ADU) is a secondary dwelling unit located on residentially zoned property that has an existing single-family or multifamily residence. Due to their small square footage, ADUs can provide affordable housing options for family members, friends, students, the elderly, in-home health care providers, the disabled, and others. Junior ADUs (JADUs) are even smaller living units that can be built out of existing space in homes and garages. JADUs have independent cooking facilities and outside access, however they may share sanitation facilities within the primary home.

Jurisdictions may count the potential for ADU development as credits towards their RHNA, based on an analysis that includes recent development trends, local demand, available resources or incentives, and anticipated affordability. Analysis and discussion of local trends, demand, and affordability are contained within this section, and analysis and discussion of resources, incentives, constraints, and development standards for ADUs and JADUs are included within the Technical Background Report.

Recent California legislation has facilitated increased permitting and production of ADUs.

From 2018 to 2021, the City permitted an average of 3 ADUs annually, ranging from 2 to 4 permits per year. In the first eight months of 2022, four ADUs were permitted, so 6 ADUs are projected for the year. The City anticipates the upward trend in the development of ADUs and JADUs throughout the 6th Cycle will increase and is supporting that assumption with programs to facilitate and incentivize production.

Table 7: ADU Permits Issued or Completed by Year in Cotati Year 2018 2019 2020 2021 2022 Total
ADU Permits 2 4 4 2 6* 18
“Safe Harbor” RHNA
Assumption
Average of 3.6 ADUs permitted per year / 28 in planning cycle Projection with
Programs (Quantified
Objective)
Average of 5 ADUs permitted per year / 40 in planning cycle Source: 2018-2021 Housing Element Annual Progress Reports; Community Development Department *Projections for 2022 are based on 4 ADUs permitted from January 1, 2022 to August 31, 2022.

The Association of Bay Area Governments (ABAG) prepared a report and issued affordability recommendations for projecting ADU development based on a survey of local ADU rental costs. This data was used to generate the regional distribution of ADUs shown in Table 8. Cotati is using the affordability assumptions provided in this report to ensure the distribution of affordability reflects local development trends.

This distribution of affordability will be applied to a projection of 5 ADUs or JADUs built annually, for a total of 40 units over the planning period credited towards Cotati’s RHNA (Table

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Packet Pg. 215 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 61 8). This increased projection will be supported by policies and programs to facilitate ADU development (Policy H-1.9, Program 2-3: Accessory Dwelling Units). The City will review ADU development two years into the planning period and implement further incentives if the City is not on track to meet its RHNA targets through its ADU projections.

Table 8: Assumed Affordability for 6th Cycle ADUs
VLI LI MI AMI Total
Regional Distribution of
ADUs by Income Level 30% 30% 30% 10% 100%
Projected ADUs by Income
Level for 6th Cycle
Projection Period
8 9 8 3 28

3.2.2 Planned, Approved, and Pending Projects
Jurisdictions may also count planned, approved, and pending residential units as credits towards their RHNA. These units can be counted based on affordability and unit count, provided it can be demonstrated that the units can be built within the planning period.

Affordability (income category) is based on the actual or projected sales prices, rent levels, or other mechanisms establishing affordability of the units within the project, including affordability requirements achieved through the City’s inclusionary housing program and/or project entitlement negotiations. A brief description of each project is provided below.

Table 9: Planned, Approved, and Pending Projects for RHNA Credit Project ELI VLI LI MI AMI Total Status Anticipated
Occupancy
Cotati
Station 0 8 3 8 79 89 Approved 2024
Cotati
Village 0 18 0 0 159 177 Under Review(SB330) 2025
East Cotati
Cottage
Housing
0 0 0 6 0 6 Under Review 2024
La Plaza
View 0 1 1 2 23 27 Approved 2024
Lasker Lane 0 0 0 0 6 6 Approved 2025
Pink Viking 0 1 2 3 30 36 Under Review 2025
Redwood
Row 4 5 8 8 145 170 Under Review(SB330) 2025
Red’s
Residential 4 10 0 0 112 126 Under Review (SB330) 2025
RHNA
Credit 8 43 14 27 554 646 -- --

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Packet Pg. 216 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 62 Figure 14: Location of Planned, Approved, and Pending Projects Cotati Station
Cotati Station is an upcoming residential development located within the Santero Way Specific Plan area (APNs 144-320-033, 034, 035, and 036). The City approved a density bonus for a total of 98 residential units consisting of 79 market rate units, 8 moderate-income units, 3 lowincome units, and 8 very low-income units.

Cotati Village
Cotati Village is an upcoming 177-unit multifamily housing development located at the northeast corner of Highway 116 and Alder Lane (APNs: 144-050-009 & 046-286-021). The project will include 159 market rate units and 18 very low-income units.

East Cotati Cottage Housing
The East Cotati Cottage Housing project is a six-unit moderate-income cottage housing development proposed at 902 East Cotati Avenue (APN: 144-302-030). This project is among the first to utilize flexible zoning provisions of the City’s Cottage Housing Ordinance passed in 2021 and promoted through Program 2-4 of the Housing Element.

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Packet Pg. 217 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 63 La Plaza View
La Plaza View is a 27-unit multifamily housing development located on vacant land within the downtown hexagon on East Cotati Avenue between La Plaza and Charles Street (100 East Cotati Ave; APNs 144-274-002, 014, and 015). In July 2022, the City approved the project for 23 market rate units, 2 moderate-income units, 1 low-income unit, and 1 very low-income units.

The developer has submitted a secondary application for streamlined ministerial SB 35 approval provisions that allow greater building heights and density for projects containing at least 50% affordable units.

Lasker Lane
Lasker Lane is a six-unit, market rate, single-family housing development approved at 65 Lasker Lane (APN 144-470-007). The project is fully entitled, and the City is working with the previous owner’s heir(s) to vest the project’s rights.

Pink Viking
Pink Viking is an upcoming 36-unit single-family housing development proposed at 8841 Old Redwood Highway (APN 046-223-018). The project will include 30 market rate units, 3 moderate-income units, 2 low-income units, and 1 very low-income unit.

Redwood Row
Redwood Row is a proposed 170-unit mixed-use townhome development on a vacant 10.41- acre property located at the northwest corner of Redwood Drive and Gravenstein Highway adjacent to Lowe’s Home Improvement in the Commercial Gravenstein Corridor zoning district (APNs: 046-286-017, -18, -19, and -20 ).

Red’s Residential
Red’s Residential is described as a mixed-use development consisting of 126 multi-family units spread across four residential buildings on a 5.62 acre site. The project proposes to provide 13 units affordable to very low-income individuals and families in order to qualify for a 50% density bonus. The project is located at 7515 Alder Avenue within the Commercial Gravenstein Corridor (CG) zoning district (APNs: 144-040-011 and 144-040-021).

3.3 REALISTIC CAPACITY OF SITES ZONED FOR HOUSING
As shown in Table 10, the City has identified enough units through RHNA Credits (projected ADU development and pending, approved, or permitted projects) to meet its 6th Cycle RHNA for the above moderate-income category and for total units. To identify enough sites for its moderate- and lower-income RHNA, the City prepared an inventory of sites available and suitable for housing development. Information about these sites is included below.

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Packet Pg. 218 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 64 Figure 15: Location of Housing Opportunity Sites
Table 10: RHNA and Site Capacity
Lower
Income
Moderate
Income
Above
Moderate
Income
Total
RHNA Allocation 94 39 101 234
Pipeline 65 27 554 646
ADUs/JADUs 17 8 3 28
Housing Sites 32 83 116 231
Preservation of Affordability 22 0 0 22
Total Units After Programs 136 118 673 927
RHNA Surplus 42 79 572 693
Percent Buffer 45% 203% 566% 296%

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Packet Pg. 219 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 65 Table 11: Capacity of Sites Allowing Residential Development # Site Address/
Location APN Zone Max Density (units/ac) Acres Units Affordability Vacant Sites
1 7734 Old
Redwood Hwy 144-080-022 NG 20 0.43 7 AMI, MI
2 150 St Joseph
Way 144-170-009 NG 20 5.65 96 AMI, MI, LI
Nonvacant Sites
3 190 E Cotati Ave 144-282-030 NU 15 1.07 9 AMI, MI
4 279 E Cotati Ave 144-282-009 NU 15 0.98 12 AMI
5 326 E Cotati Ave 144-282-008 NU 15 2.91 37 AMI, MI
6 E School St 144-241-041 NL 6 0.38 2 AMI 301 E School St 144-241-040 NL 6 0.86 7 7457 Alder Ave 144-040-017 CG 15 1.98 49 AMI, MI 8 7455 Alder Ave 144-040-013 CG 15 1.89 9 188 Myrtle Ave 046-231-026 NL 6 3.74 19 AMI, MI
Total 231
32 LI
83 MI
116 AMI

3.3.1 Vacant Sites
Both vacant sites (Site 1 and Site 2) are within the Northern Gateway zone of the Downtown Specific Plan area, are set back from the highway, and do not have ground floor requirements for retail or commercial development set by the Specific Plan. This area is regulated by a formbased code and does not have a maximum allowable density, but the City’s development standards allow for development at approximately 20 units per acre.

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Packet Pg. 220 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 66 Site 1: 7734 Old Redwood Highway
The site is a vacant 0.45-acre parcel. The site is adjacent to both residential and commercial uses and is intended for mixed-use development.
 Capacity: (20 units/acre)(0.45 acres)(85% realistic capacity)=7.7 units, rounded down
 RHNA Income Category: 3 moderate-income, 4 above moderate-income units  Infrastructure: Parcel is served by water, sewer, and dry utilities.  Prior Use: Parcel was used in the 4th and 5th Cycle Site Inventories. This site is not being used to accommodate the lower-income RHNA and is not subject to rezoning requirements.

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Packet Pg. 221 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 67 Site 2: 150 St. Joseph Way
This site is a 5.65 acre vacant portion of a larger parcel owned by the Catholic Church. The site shares a parcel with a church building and is surrounded by residential and underutilized commercial areas.
 Capacity: (20 units/acre)(5.65 vacant acres)(85% realistic capacity)= 96.05 units, rounded down
 RHNA Income Category: 32 low-income, 32 moderate-income, 32 above moderateincome units  Infrastructure: Parcel is served by water, sewer, and dry utilities.  Prior Use: Parcel was used in the 4th and 5th Cycle Site Inventories. Under Program 3-1, this site will allow for residential development at 20 units per acre for housing developments in which at least 20 percent of units are affordable to lower-income households.

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Packet Pg. 222 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 68 3.3.2 Non-Vacant Sites
Site 3: 188 Myrtle Avenue
The site is an underutilized property with a single-family residence on 3.74 acres. The parcel is surrounded by developed single-family neighborhoods.
 Capacity: (6 units/acre)(3.74 acres)(85% realistic capacity)=19.07 units, rounded down
 RHNA Income Category: 9 moderate-income, 10 above moderate-income units  Infrastructure: Parcel is served by water, sewer, and dry utilities.  Prior Use: Parcel was used in the 4th Cycle Site Inventory. This site is not being used to accommodate the lower-income RHNA and is not subject to rezoning requirements.

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Packet Pg. 223 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 69 Site 4: 190 East Cotati Avenue
The site is an underutilized property with 3 small units on 1 acre. The parcel is surrounded by higher density residential development, is located on a major thoroughfare, and is near the downtown area. Local developers have expressed interest in residential development on this site.
 Capacity: (15 units/acre)(0.76 vacant acres)(85% realistic capacity)=9.69 units, rounded down
 RHNA Income Category: 2 moderate-income, 7 above moderate-income units  Infrastructure: Parcel is served by water, sewer, and dry utilities.  Prior Use: Parcel was used in 4th and 5th Cycle Site Inventories. This site is not being used to accommodate the lower-income RHNA and is not subject to rezoning requirements.

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Packet Pg. 224 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 70 Site 5: 279 East Cotati Avenue
The site is a 0.98-acre parcel with an existing single-family dwelling built in 1900. This parcel is underutilized and likely to redevelop.
 Capacity: (15 units/acre)(0.98 acres)(85% realistic capacity)= 12.5 units, rounded down
 RHNA Income Category: 2 moderate-income, 10 above moderate-income units  Infrastructure: Parcel is served by water, sewer, and dry utilities.  Prior Use: Parcel was used in 4th and 5th Cycle Site Inventories. This site is not being used to accommodate the lower-income RHNA and is not subject to rezoning requirements.

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Packet Pg. 225 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 71 Site 6: 326 East Cotati Avenue
The site is a 2.91-acre square-shaped parcel surrounded by residential development and located near Cotati’s commercial hub. The site currently contains residential units built in 1968.

Local developers have expressed interest in residential development on this site.  Capacity: (15 units/acre)(2.91 acres)(85% realistic capacity)= 12.5 units, rounded down
 RHNA Income Category: 10 moderate-income, 27 above moderate-income units  Infrastructure: Parcel is served by water, sewer, and dry utilities.  Prior Use: Parcel was used in 4th and 5th Cycle Site Inventories. This site is not being used to accommodate the lower-income RHNA and is not subject to rezoning requirements.

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Packet Pg. 226 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 72 Site 7: 301 East Cotati Avenue
The site is located west of the City center and consists of two adjacent parcels: one vacant, one underutilized. Both are owned by a homebuilder and are likely to develop with one home on each parcel.
 Capacity: One unit per parcel
 RHNA Income Category: 2 above moderate-income Units
 Infrastructure: Parcel is served by water, sewer, and dry utilities.  Prior Use: Parcels were not used in a previous Site Inventory

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Packet Pg. 227 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 73 Site 8: Alder Avenue
This 3.87 acre site consists of two adjacent, developer-owned parcels. One parcel is underutilized, and the other is vacant. The site is near residential development and underutilized
 Capacity: (15 units/acre)(3.87 acres)(85% realistic capacity)=49.34 units, rounded down
 RHNA Income Category: 25 moderate-income, 24 above moderate-income Units  Infrastructure: Parcels are served by water, sewer, and dry utilities.  Prior Use: Parcels were not used in a previous Site Inventory

3.4 ADEQUATE SITES ALTERNATIVES
The City of Cotati is using an adequate sites alternative program allowed under Government Code Section 65583.1(c) to meet its local housing needs and RHNA obligations, through the preservation of affordability (Program 1-5).

On March 10, 2022, the City committed to providing a $250,000 grant from the City’s Affordable Housing Fund to support Burbank Housing Development Corporation (Burbank Housing) in the acquisition and preservation of Windwood Apartments. Building permits for this project are anticipated to be issued in October 2022, and this partnership will result in the preservation of 28 units as low-income for at least 55 years.

In order to be eligible for the alternative sites program, the City must demonstrate that it met part of its lower-income RHNA in the previous planning period. During the 5th Cycle, the City permitted 30 units affordable to very low-income households and 35 units affordable to lowincome households, as discussed in Section 1.14. This effort will meet the definition of preservation, including the following criteria:
 The Windwood units are located within an assisted housing development.

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Packet Pg. 228 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 74  The City held a public hearing on December 14, 2021 and found that the units were at risk and eligible for conversion to market-rate uses.  On March 10, 2022, the City Council dedicated funding to the preservation of these 28 units.
 The units will be decent, safe, and sanitary upon occupancy.  The units were affordable to very low-income households at the time the units were identified for preservation.

3.5 PROGRAMS TO ASSIST IN THE DEVELOPMENT OF HOUSING
Program 1-7: Essential Bond Financing Program
The City of Cotati, in partnership with local nonprofit Burbank Housing Development Corporation (Burbank), is pursuing use of an essential bond financing strategy for the development of affordable housing. In this model, the City joins a California Joint Powers Authority (JPA), authorizes the JPA to issue bonds on behalf of the City, and uses these funds for the construction of affordable housing. This is an innovative strategy that can help the City overcome financial constraints to housing development.

Program 2-1: Adequate Housing Sites
The City will 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; and update the inventory on an annual basis.

Program 2-3: Accessory Dwelling Units
Accessory dwelling units (ADUs) are a priority for the development of housing in Cotati. The City will prioritize the availability of preapproved plans provided by the Napa Sonoma ADU Center, assist the efforts of the Napa Sonoma ADU Center and Homes for Sonoma, and provide penalty relief to ADU dwellers without the benefit of a permit to incentivize the development of ADUs and support for residents. The City will review the efficacy of these subprograms within two years and support further interventions to support both the ABAG-approved affordability assumptions and further ADU development in the community throughout the planning period.

Program 2-4: Cottage Housing
The City’s Cottage Housing Ordinance adopted in 2021 allows a doubling of density allowed in underlying zoning with Council approval of a Cottage Housing development plan. This requires the construction of smaller units that are affordable by design, and in return, provides more flexible requirements for housing development on smaller lots at a greater unit capacity.

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Packet Pg. 229 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 75 Program 2-6: Santero Way Specific Plan Update
The City is updating its Santero Way Specific Plan to increase the allowed residential capacity.

This program is not being used to meet the RHNA but will help the City meet its housing needs.

Program 3-1: Sites Used in Multiple Planning Periods
The City is relying on a site that has been used in the last two planning periods to meet its lower-income RHNA. In order to use this site, the City will allow residential development by right at 20 units per acre when 20 percent or more of the units are affordable to lower income households. This program will apply to Site 2.

3.5 DEVELOPMENT TRENDS AND REALISTIC CAPACITY

ANALYSIS
Realistic capacity assumptions have been calculated based on recent development, developer input, market trends, and local knowledge. Most recent residential projects in the City have developed at or above maximum allowable density, as shown in Table 12. The City also has examples of development on large and small sites, examples of mixed-use development, and development of affordable housing below the City’s default Density. The City is using a restrained realistic capacity factor of 85% to account for No Net Loss Requirements.

Table 12: Development Trends
Housing
Development
APN Total
Units
Acres Max
Density
(units/acre)
Density
Achieved
(units/acre)
Percent
of Max
Density
Market Rate Housing with Affordable Units
Cotati Station*
Santero Way
144-320-
034 through
-036
98 2.41 N/A 40.7 N/A
La Plaza View*
100 East Cotati Ave.
144-274-
002, 014 &
015
27 0.88 N/A 30.7 N/A
Cotati Village*
NE Corner of Hwy
116 & Alder Lane
144-050-
009
177 7.19 15 24.6 164%
Cottage Housing
Project*
902 E. Cotati
Avenue
144-302-
030
6 0.23 10 26.1 261%
Average 30.5 212%
100% Affordable Housing
Charles Street
Village
42 Charles St
144-360-
171 and -
172
48 3.21 10 15.0 150%

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Packet Pg. 230 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 76 Housing
Development
APN Total
Units
Acres Max
Density
(units/acre)
Density
Achieved
(units/acre)
Percent
of Max
Density
Marvin Gardens
770 East Cotati
144-302-
036, 037,
038, 039,
37 1.94 10 19.1 191%
Wilford Apartments
160 Wilford Ln
144-070-
031
36 1.47 10 24.5 245%
Average 19.5 195%
Mixed Use Development with Affordable Units
Redwood Row*
Redwood Drive and
Gravenstein Hwy
046-286-
017, -18, -
19, and -20
170 10.41 15 16.3 109%
Red's Residential*
7515 Alder Avenue
144-040-
011
126 5.62 15 22.4 149%
Average 19.4 129%
*These projects are included in the discussion of Planned, Approved, and Pending projects in Section 3.2.2.

3.6 FAIR HOUSING CONSIDERATIONS
Housing sites identified to meet Cotati’s RHNA are distributed throughout the community in a manner that affirmatively furthers fair housing. Cotati contains Low and Moderate Resource areas. Of the 13 sites in inventory, 5 sites are in a Moderate Resource area (Figure 16), containing 17% of total unit capacity and 17% of lower-income unit capacity. A full analysis of inventory sites compared to components of the Fair Housing Assessment is included in the Technical Background Report, in Section 4.5.7.

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Packet Pg. 231 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 77 Figure 16: Housing Opportunity Sites by Opportunity Area Source: HCD/TCAC Opportunity Area Maps, 2022

3.6.1 Improved Conditions
Housing sites are distributed throughout the City, with no concentration of sites for one income group. The sites will increase access to opportunity in and around the Downtown and near the train station and increase the stock of affordable housing.

3.6.2 Exacerbated Conditions
Sites on the Western side of the City are located in a Lower Resource area. Particularly, sites West of the freeway have less access to transportation and are further from amenities and resources. An infrastructure program is included to address this need.

3.7 INFRASTRUCTURE CONSIDERATIONS
The City has adequate infrastructure to accommodate the development of its RHNA, including water, sewer, and dry utilities. Infrastructure capacity is summarized below with a more detailed discussion of infrastructure included within the Technical Background Report.

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Packet Pg. 232 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 78 3.7.1 Water
Cotati’s main water supply comes from the Russian River surface water, and three groundwater wells located in Santa Rosa Plain Subbasin which are provided by Sonoma County Water Agency (SCWA) through two transmission pipelines. The City is entitled to receive up to 1,520 acre-feet per year under the water supply agreement with the SCWA. Cotati also obtains about 1/3 of its water supply from three municipal groundwater wells. While the City has historically used groundwater to supply more than half of its demands, its current water management strategy is to draw its primary water supply from the SCWA and utilize groundwater to supplement its needs during peak demand periods or periods of drought.

3.7.2 Sewer
The City of Cotati owns and operates the wastewater collection system and provides sanitary sewer service to approximately 1200 acres in and around City limits. Sewage and wastewater generated is transported to the Santa Rosa Subregional Wastewater Reclamation System for treatment at Laguna Treatment Plant. There is one sewer project identified in the Capital Improvement Program from Fiscal Year 2020/21 through FY 2024/25. The City completed a sewer project in 2020/21 on William and Olof Streets, and will continue construction on West Sierra Avenue in FY 2022/23. Methane capture and energy generation to offset energy usage occurs at the Santa Rosa Subregional Treatment Plant.

3.7.3 Other Utilities
Electricity: As of 2019, the City of Cotati uses 100% renewable electricity (Evergreen) provided by Sonoma Clean Power. The City opted into the local Community Choice Aggregation (Sonoma Clean Power), which automatically enrolled all residential and commercial customers into Clean Start (higher mix of local renewable electricity), unless the customer opts out into PG&E.

Solid Waste: The City of Cotati does not have any active or planned solid waste facilities.

Cotati is served by a franchise waste hauler (Recology), with solid waste disposed of at the Central Landfill in Sonoma County. Recycling and composting services are also included as part of the solid waste collection and processing system.

3.8 ENVIRONMENTAL CONSIDERATIONS
Sonoma County has developed a multijurisdictional hazard mitigation plan in partnership with local government to identify measures to reduce risk from natural hazards. The City of Cotati has its own local hazard mitigation plan, which was developed as an element of Sonoma County’s multijurisdictional plan.

According to hazard risk ranking, earthquakes and wildfires are categorized as high-risk hazards while floods, severe weather, and landslides are considered medium-risk hazards.

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Packet Pg. 233 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 79 3.8.1 Fire
There are 7 residential structures found in high relative hazard and 341 residential structures found in moderate relative hazard for wildfire. Wildland urban interface fires are prevalent in Sonoma County.

3.8.2 Seismic Hazards
Cotati has been exposed to earthquakes in the past and remains highly likely to be exposed in the future. The City is positioned southwest of the Rodgers Creek fault, a system with a 33% projected likelihood of a major earthquake (magnitude 6.7 or greater shaking) in the 30-year projection period.

There are 63 residential structures identified in the high landslide exposure category and 301 residential structures in the moderate exposure category. The City’s Zoning Map concentrates development within portions of the urban core lacking hillsides and not susceptible to landslides.

3.8.3 Flood
The northeastern portion of Cotati is subject to flooding from the Laguna de Santa Rosa and Cotati Creek. Approximately 4.8 percent of the land within the city limits located within is subject to one percent of flooding in any given year and about 7.7 percent within the Urban Growth boundary are considered high flood hazards with the FEMA flood zone AE (a 100-year flooding scenario with base flood elevation determined).

The Downtown Specific Plan area is the only priority development area that has experienced localized flooding in the past, and no other areas are known to be susceptible to hazard risks.

Based on the 100-year scenario of flood risk assessment, 200 residential buildings may be exposed to flooding.

Among critical facilities, the City of Santa Rosa’s wastewater treatment plant (where Cotati wastewater is sent) has experienced significant flooding on several occasions and is likely to be exposed to flooding in the future.

3.8.4 Special Status Species
Some areas of Cotati are the native habitat of protected species, including the California tiger salamander (CTS). The Santa Rosa Plain Conservation Strategy (SRPCS) was published in 2005 and provides the biological framework for conservation of the CTS on the Santa Rosa Plain.

The designation of critical habitat, shown in Figure 17, was last revised in 2011 and does not include urbanized areas of Cotati, including the downtown and SMART Station area.1 Some inventory sites are located within the CTS range. Recent development and proposed projects within these areas demonstrate that CTS mitigation will not limit the ability to meet the RHNA using these sites.
1 Federal Register Volume 76, Issue 169, Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for the Sonoma County Distinct Population Segment of California Tiger Salamander, 2011

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Packet Pg. 234 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 80 Figure 17: California Tiger Salamander Range
Source: California Department of Fish and Wildlife, California Tiger Salamander Range, 2020

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Packet Pg. 235 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period) 81 3.9 CONCLUSION
The City of Cotati is well positioned to successfully implement the policies, programs, and actions of this Housing Element. The 2023 Housing Element serves the housing needs of the next eight years for current and future residents and fulfills the statutory requirements of the State of California. The Housing Element demonstrates that the City has the housing sites and planned projects needed to address and surpass its Regional Housing Needs Allocation without the need to rezone sites. Moreover, the selected sites are integrated throughout the City with adequate distance from environmental hazards in consideration of existing and enhanced fair housing requirements. Programs have been identified to mitigate constraints to the production of housing, and to ensure that Cotati can continue to be an affordable and vibrant community for a wide variety of residents in the years to come.

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Packet Pg. 236 Attachment: Cotati Public Review Draft Housing Element Update (09-26-2022) (Draft Housing Element Public Review Period)

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Packet Pg. 237 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period)

TABLE OF CONTENTS

4.1 INTRODUCTION ........................................................................... 1

4.2 HOUSING NEEDS DATA ................................................................. 1

4.2.1 Pre-Certified Housing Needs Dataset............................................1

4.2.2 Housing Needs Analysis ..............................................................2 Housing Costs and Affordability .........................................................2 Housing Affordability........................................................................2 Senior Households...........................................................................6 Persons with Disabilities, including Developmental Disabilities...............8 Large Households ..........................................................................11 Farmworker Housing......................................................................12 Female-Headed Households ............................................................13 Homelessness ...............................................................................15

4.2.3 Zoning for a Variety of Housing Types ........................................17

4.3 LOCAL HOUSING PROGRAMS & RESOURCES .................................... 21

4.3.1 Resources: Housing Assistance Programs ...................................21 Federal Assistance Programs...........................................................21 State Assistance Programs .............................................................24 Local Assistance Programs..............................................................26

4.3.2 Resources: Shelters, Transitional and Supportive Housing ............27

4.3.5 At-Risk Assisted Housing Developments .....................................28

4.3.6 Planning and Zoning Incentives .................................................28 Density Bonuses............................................................................29 Affordable Housing ........................................................................29 Local Processing and Permit Fees ....................................................29

4.4 HOUSING CONSTRAINTS ANALYSIS ............................................... 30

4.4.1 Non-Governmental Constraints..................................................31 Vacant Land..................................................................................31 Land Costs ...................................................................................31 Construction Costs.........................................................................31 Financing......................................................................................31 Development Trends......................................................................32

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Packet Pg. 238 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) Community Opposition...................................................................33

4.4.2 Potential Governmental Constraints ...........................................34 General Plan and Zoning Code ........................................................34 Density ........................................................................................37 Development Standards .................................................................38 Parking Requirements ....................................................................41 Growth Controls ............................................................................43 Specific Plans................................................................................44 Streamlined & By-Right Development Applications.............................45 Housing for People with Disabilities..................................................46 Building Codes and Enforcement .....................................................47 Reasonable Accommodation............................................................47 Development and Permitting Fees ...................................................48 Local Processing and Permit Procedures ...........................................50 Historic Preservation......................................................................51

4.4.3 Environmental and Infrastructure Constraints..............................51 Environmental Constraints..............................................................51 Infrastructure Constraints...............................................................59

4.5 Assessment of Fair Housing .......................................................... 60

4.5.1 Background and Summary of Fair Housing Issues ........................60 Housing Element Requirements.......................................................61

4.5.2 Fair Housing Enforcement and Outreach Capacity ........................62 Compliance with Existing Fair Housing Laws & Regulations .................62 Fair Housing Services, Outreach, and Enforcement at a Local Level .....65 Fair Housing Services, Outreach, and Enforcement at a Local Level .....67 Housing Enforcement and Outreach Capacity: Fair Housing Issues and Contributing Factors ......................................................................67

4.5.3 Segregation and Integration Patterns and Trends ........................68 Race and Ethnicity.........................................................................69 Persons with Disabilities .................................................................77 Familial Status ..............................................................................79 Income ........................................................................................80 Poverty ........................................................................................86

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Packet Pg. 239 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) Racially & Ethnically Concentrated Areas of Poverty (R/ECAP) and Affluence (RCAA)...........................................................................88 Integration and Segregation: Fair Housing Issues and Contributing Factors ...................................................................................................89

4.5.4 Disparities in Access to Opportunities .........................................89 Resource Areas .............................................................................90 Education .....................................................................................91 Access to Healthy Environment .......................................................94 Transportation ..............................................................................95 Economic Development and Job Access .......................................... 100 Disparities in Access to Opportunity: Fair Housing Issues and Contributing Factors....................................................................................... 104

4.5.5 Disproportionate Housing Needs, Including Displacement ........... 104 Cost Burden and Severe Cost Burden............................................. 104 Overcrowding.............................................................................. 106 Substandard Housing................................................................... 108 Homelessness ............................................................................. 108 Displacement.............................................................................. 109 Disproportionate Housing Needs and Displacement: Fair Housing Issues and Contributing Factors .............................................................. 111

4.5.6 Summary of Fair Housing Goals and Priorities Based on Identified Contributing Factors ....................................................................... 111

4.5.7 Housing Sites and AFFH Considerations .................................... 113 Segregation and Integration ......................................................... 114 Racially and Ethnically Concentrated Areas of Poverty...................... 115 Disparities in Access to Opportunity ............................................... 115 Disproportionate Housing Needs Including Displacement .................. 115 TABLES
Table 1: Housing Cost Limits by Area Median Income Level................................ 3 Table 2: HCD Income Limits Sonoma County, 2022 .......................................... 3 Table 3: Sonoma County Median Hourly Wage by Occupation, 2020 .................... 4 Table 4: Cotati Household Income Level by Tenure ........................................... 4

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Packet Pg. 240 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) Table 5: Cotati Cost Burden and Housing Problems by Tenure ............................ 5 Table 6: Senior Population by Age Group in Cotati ............................................ 7 Table 7: Senior Households by Age and Tenure in Cotati.................................... 7 Table 8: Senior Household Income Groups by Cost-Burden Levels in Cotati .......... 8 Table 9: Disability Type per Age Group in Cotati............................................... 9 Table 10: Household Size by Tenure............................................................. 11 Table 11: Large Households by Income Group ............................................... 11 Table 12: Household Size versus Bedroom Size by Tenure in Cotati................... 12 Table 13: Single Parent and Female-Headed (FH) Households in Cotati .............. 14 Table 14: Total Number of Homeless Persons in Cotati, by Shelter Status........... 15 Table 15: Residential Uses Allowed by Zoning District in Cotati ......................... 18 Table 16: Average Mortgage Interest Rates 2000 – 2022................................. 32 Table 17: Allowable Land Uses for Low Density and Neighborhood District Zones. 34 Table 18: Permit Requirements for Mixed Use Corridors, Downtown Specific Plan Districts, and Other Districts ....................................................................... 36 Table 19: City of Cotati Development Standards............................................. 39 Table 20: City of Cotati Parking Requirements ............................................... 42 Table 21: City of Cotati Permitting Fees ........................................................ 48 Table 22: Permitting Fees in Cotati and Comparable Local Jurisdictions .............. 50 Table 23: Timelines for Permit Procedures and Decision-Making Authority .......... 50 Table 24: Housing Resources for Cotati......................................................... 65 Table 25: Racial Isolation Index Values for Segregation within Cotati................. 74 Table 26: Racial Dissimilarity Index Values for Segregation within Cotati............ 74 Table 27: Theil’s H Index Values for Racial Segregation within Cotati................. 75 Table 28: Disability by Type, 2019 ............................................................... 77 Table 29: Disability Status by Race and Ethnicity, City of Cotati, 2015-2019 ....... 78 Table 30: Population by Income Group in Cotati and the Region........................ 82 Table 31: Income Group Isolation Index Values in Cotati (2010, 2015) and Average Bay Area Jurisdiction ................................................................................. 84 Table 32: Income Group Dissimilarity Index Values for Segregation in Cotati ...... 84 Table 33: Poverty Status by Race in Cotati .................................................... 86 Table 34: Percent of Population Below Poverty Level for Whom Poverty Status is Determined in California, Sonoma County, and Cotati (2019) ........................... 88 Table 35: Cotati-Rohnert Park Unified District Student Demographics ................ 93 Table 36: FDIC-Regulated Bank Branches by Sonoma County Municipality.........101

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Packet Pg. 241 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) Table 37: Projected Change in Jobs and Employed Residents in Cotati between 2010 and 2040 ................................................................................................102 Table 38: Cost Burden Severity in Cotati, County, State .................................106 Table 39: Substandard Housing Issues ........................................................108 Table 40: Homeless Persons in Cotati by Shelter Status..................................109 Table 41: Housing Sites and Segregation Indicators.......................................114 Table 42: Housing Sites and Access to Opportunity........................................115

FIGURES
Figure 1: Earthquake Zones of Required Investigation..................................... 54 Figure 2: Deep-Seated Landslide Susceptibility .............................................. 54 Figure 3: Earthquake Shaking Potential for California ...................................... 55 Figure 4: Flood Hazard Zones...................................................................... 56 Figure 5: Fire Hazard Severity Zones............................................................ 57 Figure 6: California Tiger Salamander Range ................................................. 58 Figure 7: Zoning Map of the City of Cotati ..................................................... 69 Figure 8: Population by Race in Cotati, 2000-2019.......................................... 70 Figure 9: Population by Race in Cotati, Sonoma County, and the Bay Area ......... 71 Figure 10: Racial Dot Map of Cotati .............................................................. 72 Figure 11: Racial Dot Map of Cotati and Surrounding Areas, 2020 ..................... 73 Figure 12: Levels of Segregation in Census Tracts within Sonoma County, 2018.. 76 Figure 13: Population with a Disability, Cotati ................................................ 78 Figure 14: Household Type in Cotati............................................................. 79 Figure 15: Percent of Children in Female-Headed Households ........................... 80 Figure 16: Percent of Children in Married-Couple Households............................ 80 Figure 17: Households by Household Income Level......................................... 81 Figure 18: Income Dot Map of Cotati, 2015 ................................................... 83 Figure 19: Map of Existing Affordable Rental Housing Projects in Cotati and Surrounding Area ...................................................................................... 85 Figure 20: Population by Poverty Status, 2019............................................... 87 Figure 21: Population by Poverty Status, 2014............................................... 87 Figure 22: Population Living in Resource Areas by Race in Cotati ...................... 89 Figure 23: TCAC Opportunity Maps (2022) – Composite Score.......................... 90 Figure 24: Population Living in Resource Areas by Race................................... 91 Figure 25: TCAC Opportunity Areas (2022) Education Score by Tract................. 92

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Packet Pg. 242 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) Figure 26: English Language Arts/Literacy Distribution – All Grades, 2018-2019.. 93 Figure 27: Mathematics Achievement Distribution – All Grades, 2018-2019 ........ 94 Figure 28: CalEnviroScreen 4.0 Percentiles by Census Tracts in Cotati ............... 94 Figure 29: Clean Environment Conditions in Cotati Compared to Other California Cities/Towns............................................................................................. 95 Figure 30: Sonoma-Marin Area Rail Transit (SMART) Service Corridor Map ......... 96 Figure 31: Sonoma County Transit System Map ............................................. 97 Figure 32: California Healthy Places Index: Transportation in Cotati .................. 99 Figure 33: Sonoma County Equity Priority Communities..................................100 Figure 34: TCAC Opportunity Areas (2021) Economic Scores in Cotati...............101 Figure 35: Inflow and Outflow of Workers in Cotati ........................................103 Figure 36: Ratio of All Jobs to Homes in Sonoma County Jurisdictions ...............104 Figure 37: Cost Burden by Tenure in Cotati, 2019..........................................105 Figure 38: Cost Burden by Income Level in Cotati..........................................106 Figure 39: Occupants Per Room for Households by Race and Ethnicity ..............107 Figure 40: Overcrowding Severity in Cotati, Sonoma County and the Bay Area...108 Figure 41: Urban Displacement Project Bay Area Model 2020 - Cotati ...............110 Figure 42: Special Flood Hazard Areas (FEMA, 2020) in Cotati .........................111 Figure 43: Housing Sites and Resource Areas................................................114

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Packet Pg. 243 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 1 Section IV: Technical Background Report

4.1 INTRODUCTION
This section of the Technical Background Report includes the required quantification and analysis of needs, identification, and analysis of the housing needs for special needs populations, and analysis of zoning for a variety of housing types. The Technical Background Report supplements the Housing Needs Data Report described below. Through the Housing Element, the City is planning to accommodate future population growth and address local housing needs.

Key information from this analysis is summarized in Section 1 of the Housing Element.

4.2 HOUSING NEEDS DATA
To meet all statutory requirements in Government Code § 65583(a) (1 and 2) related to quantification and analysis of existing housing needs, this Technical Background Report includes locally acquired information and data including areas of economic and ethnic segregation, special needs, local knowledge of the housing stock, local housing resources, and an analysis of housing constraints.

4.2.1 Pre-Cer tified Housing Needs Dataset
The Housing Needs Data Report provided by the Association of Bay Area Governments (ABAG) is included in Appendix A. This appendix contains a list of housing terms, regional housing needs allocation (RHNA) methodology, household characteristics, demographics of housing stock, and data on special needs populations. The data in this report was reviewed and pre-certified by the California Department of Housing and Community Development (HCD) in March 2021 and meets most of the requirements for quantification of existing and projected, including the following:
• population, employment trends, and existing and projected housing needs for all income levels;
• household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding (e.g., existing households, existing extremely low-income households, total, lower and extremely low-income households overpaying, overcrowded households); and
• special housing needs (e.g., number of persons with disabilities, number of persons with developmental disabilities, elderly households by tenure, large households by tenure, farmworkers, and female-headed households); The remaining housing needs data requirements, including quantification of persons experiencing homelessness, estimation of the number of units in need of

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Packet Pg. 244 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 2 rehabilitation and replacement, and projects at risk of converting to market-rate uses, are addressed within this Technical Background Report (Section 4). The section also contains other data related to local housing programs and resources, an analysis of housing constraints, and the assessment of fair housing.

4.2.2 Housing Needs An alysis
To meet all requirements of Government Code § 65583(a)(1)(2), this section includes data and analysis of the jurisdiction’s projected housing needs for special needs housing populations including the elderly, persons with disabilities (including developmental disabilities), large households, female-headed households, persons experiencing homeless and persons in need of emergency shelter, and agricultural workers. After identifying and analyzing these special housing needs, the City can provide resources and actions to accommodate and address diverse housing needs.

Housing Costs and Affordability
Housing affordability is a major consideration in providing suitable housing. The cost of housing itself is not a problem unless households in the area cannot find adequately sized units at an affordable price. Affordability is defined as paying 30% or less of gross monthly household income on housing costs, based on both State and Federal standards for households of lower income. The following section discusses current income levels and ability to pay for housing compared with housing costs. Since above moderate-income households do not generally have problems locating affordable units, affordable units are frequently defined as those reasonably priced for households that are very low- to moderate-income.

Housing cost is generally the single, greatest expense item for households. For owner-occupied households housing expenses consist of mortgage and interest payments, insurance, maintenance, and property taxes. For renter-occupied households housing expenses consist of rent and utilities. Higher-income households may choose to spend greater portions of their income on housing expenses and still have sufficient money left over for other expenses. However, many lower-income households must involuntarily spend a large share of their income on housing leaving them with less money for other expenses.

Housing Affordability
Table 1 shows the affordable housing cost guidelines established in Section 50052.5 and 50053 of the California Health and Safety Code. The guidelines are based on the median income calculated by the HCD income limits. As previously described, the generally accepted definition of housing affordability is for a household to pay no more than 30% of its gross annual income on housing. It should be noted that moderate-income households and above typically spend greater than 30% on household expenses; therefore, the threshold for overpayment is higher at approximately 35% of their income.

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Packet Pg. 245 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 3 Table 1: Housing Cost Limits by Area Median Income Level Income Level Income Limit For Sale Rental
Extremely Low 0-30% AMI 30% of 30% of AMI 30% of 30% of AMI Very Low 31%-50% AMI 30% of 50% of AMI 30% of 50% of AMI Low 51%-80% AMI 30% of 70% of AMI 30% of 60% of AMI
Moderate 81%-120% AMI 35% of 110% of AMI 35% of 110% of AMI Source: HCD Income Limits, 2022.

HCD establishes household income limits to define households as extremely low-, very low-, low-, or moderate-income level. These income levels vary throughout the state and are based on the area median income of the region and adjusted based on the number of persons per household. The income limits for Sonoma County are shown on Table 2. A family of three with an annual income of $85,550 or less would be considered a low-income household:

Table 2: HCD Income Limits Sonoma County, 2022
Income Level
Persons Per Household
1 2 3 4 5 6
Extremely
Low (ELI) $25,000 $28,550 $32,100 $35,650 $38,550 $41,400 Very Low
Income (VLI) $41,600 $47,550 $53,500 $59,400 $64,200 $68,950 Low Income (LI) $66,550 $76,050 $85,550 $95,050 $102,700 $110,300 Median Income $78,950 $490,250 $101,500 $112,800 $121,800 $130,850 Moderate
Income $94,750 $108,300 $121,800 $135,350 $146,200 $157,000 Table 2 summarizes 2022 HCD-defined household income limits for extremely low, very low-, low-, and moderate-income households in Sonoma County (including Cotati) by the number of persons in the household and shows maximum affordable monthly rents and maximum affordable purchase prices for homes. Households earning the 2020 median income for a family of four in Cotati ($112,800) could afford to spend up to $33,840 a year, or $2,840 per month, on housing without being considered cost burdened.

Extremely low-income households have incomes at or below 30% of the area median income (AMI), adjusted for household size. In Sonoma County, the 2022 AMI for a four-person household is $112,800. A household of the same size with an annual income at or below $35,650 is considered extremely low-income (ELI). This income is equivalent to an hourly wage of $17.14, which may include farmworkers, cooks, and cashiers (Table 3). Additionally, many extremely low-income households are on fixed incomes with sources including disability benefits and social security.

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Packet Pg. 246 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 4 Table 3: Sonoma County Median Hourly Wage by Occupation, 2020 Occupation Median Hourly Wage
Waiters and Waitresses $13.49
Cashiers $14.38
Retail Salesperson $16.07
Farmworkers and Laborers $15.94
Cooks, Restaurant   $16.64
Sources: U.S. Bureau of Labor Statistics, Quarterly Census of Employment and Wages (QCEW), 2020 first quarter industry employment
There are an estimated 285 ELI households in Cotati, 10.1% of the City’s total households. This is a lower proportion than the larger Sonoma County, where 19.9% of households are extremely low-income. In Cotati, 12.3% of ELI households are homeowners, and 87.7% rent. In comparison, 56.3% of the City’s total households are homeowners and 43.7% rent.

Table 4: Cotati Household Income Level by Tenure
Income Level OwnerOccupied
RenterOccupied Total
0%-30% of AMI Extremely Low-Income (ELI) 35 250 285
31%-50% of AMI Very Low-Income (VLI) 159 180 339
51%-80% of AMI Low-Income (LI) 145 273 418
81%-100% of AMI 44 165 209
Greater than 100% of AMI 1,214 370 1,584
Total 1,597 1,238 2,835
Source: HUD, CHAS ACS Tabulation, 2013-2017 release
Extremely low-income households may be more likely to face housing problems and cost burden. Housing problems include a lack of complete kitchen facilities, lack of complete plumbing facilities, or overcrowding. Cost burden is the ratio of housing costs (rent or mortgage, utilities, taxes) to household income. HUD defines costburdened households as those whose monthly housing costs exceed 30% of monthly income, while severely cost-burdened households are those whose monthly housing costs exceed 50% of monthly income.

In Cotati, about 76% of extremely low-income renters experience housing problems, 78% are cost-burdened, and 58% are extremely cost-burdened, as shown in Table 5

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Packet Pg. 247 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 5 below. ELI renters face greater housing problems and cost burden than ELI homeowners in Cotati.

Table 5: Cotati Cost Burden and Housing Problems by Tenure Total owners Total renters Total households
ELI Households 35 250 285
Any housing problem 25 190 215
Cost burden >30 % 19 195 214
Cost burden >50 % 15 145 160
VLI Households 159 180 339
Any housing problem 125 170 295
Cost burden > 30 % 125 165 290
Cost burden >50 % 45 100 145
LI Households 145 273 418
Any housing problems 30 265 295
Cost burden > 30 % 30 240 270
Cost burden >50 % 20 45 65
Source: HUD Consolidated Housing Affordability Strategy (CHAS), 2013-2017 ACS Many extremely low-income households seek rental housing and are likely to experience housing problems including cost burden, overcrowding, or substandard housing conditions. This can be exacerbated by stagnant wages and increasing cost of living that may result in the lack of adequate resources to meet basic daily needs.

ELI households may include multiple wage earners and typically include food service workers, full-time students, teachers, farmworkers, healthcare professionals, seniors, or adults with disabilities and special needs.

Housing types that can accommodate special needs populations include mobile homes, studios or one-bedroom units such as single-room occupancy units, and shared multi-bedroom homes.

Programs and Resources for Very and Extremely Low-Income Households Several existing and planned affordable housing complexes in Cotati include units that serve very low and extremely-low income households including:
• Charles Street Village, 47 affordable homes, Seniors, 2001 • Marvin Gardens, 37 affordable homes, Family, 1983
• Wilford Lane Apartments, 35 affordable homes, Special Needs, 2003 • Windwood Apartments, 28 affordable homes, Family, 1981

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Packet Pg. 248 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 6 • Cotati Station, 8 very low-income rental units, approved in 2022 • Kessing Ranch, 2 very low-income, for sale units
• Three proposed projects will include very low-income units:
o Redwood Row, 9 very low-income units (170 total units) o Cotati Village, 18 very low-income units (177 total units) o Red’s Residential, 14 very low-income units (126 total units) Rooming houses, (Single Room Occupancies or SROs), are allowed under a use permit in the NU zone.

Within the 5th Housing Element planning cycle, 7 VLI units were permitted.

To address the remaining needs of extremely low-income households, the City is implementing the following policies and programs:
• Program 1-5: Preservation of Affordable Housing
• Program 2-6: Emergency Shelters, Transitional Housing, and Supportive Housing
• Program 3-2: Funding for Affordable and Special Needs Housing • Program 4-1: Anti-Displacement Actions
Senior Households
Households with individuals 65 years and older are considered senior households.

Seniors may experience challenges accessing or securing affordable housing while living on a fixed income. Increasing costs of living and healthcare can exacerbate existing issues related to disabilities, chronic health conditions, or reduced mobility.

Seniors who rent may be at greater risk of housing insecurity than homeowners and are more likely to be cost burdened.

Existing and Projected Needs of Senior Households
In 2019, 977 persons (13.1% of the City’s population) aged 65 years and older were recorded. The senior population increased by approximately 36.3% since 2013 whereas the City’s total population increased at a lesser rate of 2.1%. Table 6 identifies the senior population by age group and the associated percent change.

From 2013 to 2019, the 85 years and older age group significantly increased by 193%, and the 65 to 74 age group increased by 56.9%, and the 75 to 84 age group decreased by 16.8%.

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Packet Pg. 249 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 7 Table 6: Senior Population by Age Group in Cotati
Age Group 2013 2019
Percent Change,
2013-2019*
Age 65-74 394 55.0% 618 63.3% +56.9%
Age 75-84 280 39.1% 233 23.8% -16.8%
Age 85+ 43 6.0% 126 12.9% +193%
Source: City of Cotati 5th cycle Housing Element; US Census Bureau, 2019*Note: (+) represents increases and (-) represents decreases in population size Senior households make up 22.3% of the total households in Cotati. Of the total senior households, 79.1% own their unit and 20.9% rent. Seniors who are 65-74 years make up about 70% of owner-occupied senior householders, as shown in Table 7 below. Since 2013, the number of owner-occupied senior householders has increased by 45.8% whereas renter-occupied senior householders have decreased by 16.2%. The increase in owner-occupied senior households is likely due to the aging in place of Cotati’s population.

Table 7: Senior Households by Age and Tenure in Cotati
Owner Renter
Number Percent Number Percent
Age 65-74 339 69.6 50 38.8
Age 75-84 86 17.7 64 49.6
Age 85+ 62 12.7 15 11.6
Total 487 100 129 100
Source: US Census ACS: 2019 5-Year estimates, Table B25007 In Cotati, 25.6% of seniors experience ambulatory difficulties followed by those with independent living difficulties (15.6%) and hearing difficulties (11.6%).

Half of the owner-occupied senior households earn above-moderate incomes and are less likely to experience cost burdens. Households that are not cost burdened pay 30% or less of their income on housing needs such as mortgage/rent, taxes, and utilities.

Low-income senior households who rent are most likely to experience severe cost burdens, paying more than half of their income towards housing expenses. Of total senior households who reported any cost burdens, 15% are severely cost burdened and may require assistance in rehabilitating their hoes to suit their changing needs such as handrails, ramps, flooring, etc. Rental subsidies also continue to be viable options for seniors to reduce housing costs and address their unique needs.

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Packet Pg. 250 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 8 Table 8: Senior Household Income Groups by Cost-Burden Levels in Cotati Income group 0%-30% of Income
Used for Housing
30%-50% of
Income Used
for Housing
50%+ of
Income Used
for Housing
Total Percent
0%-30% of AMI 25 34 30 89 12.4
31%-50% of AMI 50 69 59 178 24.7
51%-80% of AMI 90 25 20 135 18.8
81%-100% of AMI 24 14 0 38 5.3
Greater than
100% of AMI 210 70 0 280 38.9
Total 399 212 109 720 100
Source: US HUD CHAS ACS Tabulation, 2013-2017 release
Programs and Resources for Senior Households
There are 47 units of senior housing and 15 beds of residential care and assisted living in Cotati:
• Charles Street Village (770 E. Cotati Avenue) – 47 units of lower-income senior housing
• Oaks of Hebron Sierra (405 W. Sierra Avenue) – 6 bed elderly residential care facility
• Sunset House (9408 Willow Ave) – 9 bed elderly assisted living facility To address the remaining needs of senior households, the City is implementing the following policies and programs:
• Program 2-4: Accessory Dwelling Units (ADUs)
• Program 3-2: Funding for Affordable and Special Needs Housing Persons with Disabilities, including Developmental Disabilities State law defines disability as a “physical or mental impairment that makes performance of a major life activity difficult” (CA Dept of Fair Employment and Housing, 2022). Physical and mental impairments can include chronic or episodic conditions such as HIV/AIDS, hepatitis, epilepsy, seizure disorder, multiple sclerosis, heart disease, and other similar conditions. Individuals with these conditions are protected under various State laws, such as the Prudence K. Poppink Act and Fair Employment and Housing Act. Individuals with mental, physical, or developmental disabilities need accessible, safe, and affordable housing close to medical care or supportive services. Individuals with disabilities typically live on fixed incomes, limiting their ability to pay for housing.

Housing Element law, as amended by SB 812 (2021) requires jurisdictions to evaluate special housing needs for individuals experiencing developmental disabilities. A

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Packet Pg. 251 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 9 developmental disability is defined in the Lanternman Act as an impairment that “originates before an individual attains 18 years of age, continues or may continue indefinitely, and constitutes a substantial disability for that individual” and includes mental retardation, cerebral palsy, epilepsy, and autism.

Existing and Projected Needs of Persons with Disabilities In Cotati, 10% of the population (1,581 individuals) reported having a disability, including developmental disabilities. The proportion of disabled residents is lower than Sonoma County overall, and individuals with disabilities have decreased from 17% in 2013 (Source: 5th Cycle Housing Element). Among disability types, 5.6% experience cognitive difficulties, 5% experience ambulatory difficulties, and 4% experience independent living difficulties. Most youth with disabilities live at home with a parent or guardian.

Disabled renter households reported a higher incidence of housing problems, such as overcrowding, overpayment, or lacking full kitchen or plumbing facilities than nondisabled owner households.

Table 9: Disability Type per Age Group in Cotati
Disability Type Under 5*
years
5-17*
years
18-34
years
35-64
years
65-74
years
75+
years
Total
Hearing difficulty 0 0 0 91 45 68 204
Vision difficulty 0 0 0 42 23 28 93
Cognitive difficulty 8 168 149 46 47 417
Ambulatory difficulty 0 17 104 141 109 371
Self-care difficulty 0 28 52 12 48 140
Independent living
difficulty - - 69 79 60 92 300
Developmental
Disability 22 34 56
Source: US Census Bureau, S1810 Disability Characteristics, 2019: ACS 5-Year Estimates; California Department of Developmental Services, 2020
* The number of individuals experiencing cognitive, ambulatory, and self-care difficulties represent age groups 17 and younger.

Programs and Resources for Persons with Disabilities
In Cotati, there are 83 units of affordable housing that support disabled households:
• Charles Street Village (770 E. Cotati Avenue) – 47 units of lower income senior housing, including units accessible to senior disabled households. • Wilford Lane Village (160 Wilford Lane) – a 36-unit family apartment community, includes several units that were designed to accommodate disabled persons with special needs.

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Packet Pg. 252 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 10 Based on 2019 ACS data, 10% of households in Cotati had a disabled member.

Applying this figure to the 6th Cycle RHNA, approximately 23.4 new households will have one or more disabled members through 2033, including at least. Based on 2019 ACS data, 4.0% of persons in Cotati have an independent living or self-care disability.

Applying this figure to the RHNA, approximately one with special housing needs that require a supported living environment.

Households with a disabled member will require a mixture of housing units with accessibility features, in‐home care, or group care housing facilities. Some of these households will have a member with developmental disability who may also have special housing needs. The North Bay Regional Center (NBRC) indicated that developmentally disabled persons may live with a family in a typical single family or multifamily home, but some developmentally disabled persons with more severe disabilities may have special housing needs that may include extended family homes, group homes, small and large residential care facilities, intermediate care, or skilled nursing facilities. Most of these persons will be low income and will need affordable housing such as extremely low/very low/low-income housing (both rental and ownership), Section 8/Housing Choice Vouchers, and single room occupancy units.

Regionally, the NBRC provides services and housing opportunities for individuals with disabilities in Sonoma County and provides in-home family support services for adults with disabilities to assist with daily needs and activities. Other local and regional resources and programs for individuals with disabilities include:
• North Bay Industries – located in Rohnert Park, provides supportive employment programs and affordable housing for adults with disabilities. • United Cerebral Palsy (UCP) of the North Bay – children and young adult education, integrated employment, and recreational activities. • First 5 Sonoma County – programs and resources for parents and children from prenatal stage to five years.
• Allied Integration Services – adult day programs including vocational training, skill-building, and behavioral management.

To address the remaining needs of households with disabilities, the City is implementing the following policies and programs:
• Program 3-2: Funding for Affordable and Special Needs Housing • Program 4-4: Reasonable Accommodation
• 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

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Packet Pg. 253 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 11 Large Households
Large households typically comprise of five or more persons residing together. This may include multiple generations and/or extensions of a family, multiple families, students, or other non-related household members. Large households serve a unique need in that householders may want to save money due to the high cost of living, share responsibilities for religious or cultural reasons, serve a member with disabilities, among other living arrangements including co-housing communities, intentional communities, group homes, employee housing, fraternities, sororities, and communes. While all housing units with three or more bedrooms can serve large households, some larger and multi-generational households may require more bedrooms to avoid overcrowding.

Existing and Projected Needs of Large Households
In Cotati, large families make up 12.2% of total households and have more than doubled in the 5th Housing Element Cycle. Tenure among large households is 48.5% owner-occupied and 51.5% renter-occupied units. More than half of larger families are at above-moderate income levels and roughly one third of larger families are at low to extremely low-income levels. Lower- and moderate-income large households may have difficulty accessing affordable rental housing.

Large families can have a difficult time finding housing units large enough to meet their needs. In Cotati, there appears to be an adequate amount of housing units available to provide units with enough bedrooms both for larger households that own their home and that rent. Table 10 identifies the number of large households by household size. While there appear to be adequate units in Cotati to accommodate all large owner and renter households, it does not mean that there is a match between housing units and large families.

Table 10: Household Size by Tenure
Household Size Owner-occupied
households
Renter-occupied
households
All households
1-person 449 308 757
2-person 448 312 760
3-person 292 237 529
4-person 211 165 376
5 or more-person 163 173 336
Total   1,563 1,195 2,758
Source: U.S. Census Bureau, ACS 5-Year estimates, Table B25009, 2019 Table 11: Large Households by Income Group
Income Group All other household types Larger families of 5+ people
Total

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Packet Pg. 254 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 12 0%-30% AMI 264 10 274
31%-50% AMI 343 10 353
51%-80% AMI 379 45 424
81%-100% AMI 177 34 211
Greater than 100% AMI 1,450 139 1,589
Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release
Table 12: Household Size versus Bedroom Size by Tenure in Cotati Tenure
5 Person Households 6 Person or Larger Households
3 BDR
units Households Shortfall/ Excess 4+ BDR units Households Shortfall/ Excess Owner 649 138 511 415 25 390
Renter 438 102 336 129 71 58
Total 1,087 240 175 544 96 448
Source: U.S. Census Bureau, 2019 ACS 5-Year estimates, Tables B25009, S2504, DP04 Programs and Resources for Large Households
To address the remaining needs of large households, the City is implementing the following policies and programs:
• Program 2-4: Accessory Dwelling Units (ADUs)
• Program 3-2: Funding for Affordable and Special Needs Housing • Program 4-6: Culturally Appropriate Facilitation and Involvement Farmworker Housing
Statewide, farmworker housing is of unique concern and importance. Farmworkers are essential to the region’s economy and its food supply. According to the United States Department of Agriculture (USDA) 2017 Census of Agriculture, only 18% of Sonoma County’s farmworkers are migrant workers, with 82% of farmworkers considered settled and working farm(s) within 75 miles of their residences. Of the County’s 3,594 farms counted in 2017, 48% hired farm labor, 93% were considered family farms, and 44% of farms were smaller than 10 acres.

Existing and Projected Needs of Farmworkers
The 2019 ACS 5-Year Estimate identified approximately 153 Cotati residents employed in farming, fishing, and forestry occupations, representing 3.8% of the City workforce and 2.08% of Sonoma County farmworkers.

Per the Sonoma County Farmworker Health Survey 2013-2014, the “majority of farmworkers (88%) reported that Sonoma County was their permanent residence, and most (71%) farmworkers were living in the US with their families.” Farmworker

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Packet Pg. 255 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 13 families were estimated to spend between 30% and 54% of their annual income on housing. Two-thirds of farmworkers lived in overcrowded dwellings in Sonoma County, and farmworkers who lived with their families were the most likely to live in overcrowded conditions.

In 2021, the local newspaper printed a special report about low-wage earners living in Sonoma County, saying, “many are farmworkers… who live in cramped apartments with too many people, or sheds with only a chemical toilet, or tiny mobile homes with leaking roofs or backed-up sewage pipes...”1 Although the data does not indicate a specific need for farmworker housing among Cotati residents, this is a significant regional need.

Programs and Resources for Farmworkers
Various programs are available in the region to meet the needs of farmworkers. These include:
• California Rural Legal Assistance, provides legal aid with civil cases for lowincome people, farmworkers, and migrant communities • La Luz Center, provides rental assistance, tenant support, and access to food, counseling, education, and health resources to eligible residents To address the remaining needs of farmworkers, Cotati is implementing the following program(s):
• Program 3-1: Zoning for a Variety of Housing Types
• Program 3-2: Funding for Affordable and Special Needs Housing Female-Headed Households
Single parent households are households with children under the age of 18 at home and include both male and female‐headed households. These households generally have a higher ratio between their income and their living expenses (that is, living expenses take up a larger share of income than is generally the case in two‐parent households). Finding affordable, decent, and safe housing is often more difficult for single parent and female-headed households. Additionally, single parent and femaleheaded households have special needs involving access to daycare or childcare, health care and other supportive services.

Existing and Projected Needs of Female-Headed Households Forty-five percent of Cotati households are headed by a single people. There are 438 single-male heads of household (15.9%) and 811 single-female heads of household (29.4%). Table 13 identifies single-parent households by gender of the householder and presence of children. In Cotati, while 4.4% of families overall are under the poverty level, 57.5% of female-headed households are under the poverty level. Area Median Income (AMI) of 18% or less is considered poverty, as defined by the 1 Many live in squalid conditions to work in Sonoma County, Press Democrat, November 18, 2021

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Packet Pg. 256 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 14 California Poverty Measure. As Cotati’s population and households grow, there will be a continued need for supportive services for single-parent households with children present.

Table 13: Single Parent and Female-Headed (FH) Households in Cotati Household type Number Percent of Total Households
Total households 2,758
Total FH households 811 29.4
FH householder w. children
under 18, no spouse
113 4.1
Male householder w. children
under 18, no spouse
16 0.6
FH households living alone 455 16.5
Total families under the poverty
level
120 4.4
FH households under the
poverty level, no spouse
No child
1 or 2 children
3 or 4 children
69 29
24 16

2.5 Source: US Census Tables B17012 & DP02 2019: ACS 5-Year estimates – acc. 6/1/22 Programs and Resources for Female-Headed Households
Female-headed households under the poverty level may need additional resources related to job training, childcare, and health care coverage. State and County programs are available to assist low-income families and single-parent families, including the following:
• SonomaWORKS provides temporary help for families with children who have little or no money. This may include housing, food, utilities payments, childcare or medical care, job training, legal services, and mental health services. • Medi-Cal and the County Medical Services Program provide health care coverage for eligible residents.
• CalFresh and WIC help eligible residents afford food and access information about nutrition and health.

For families at risk of homelessness, available resources include the following:
• 2-1-1 is a local hotline that provides information about a variety of services in Sonoma County, including housing, shelter, and food.
• SHARE Sonoma County is a local service provider that matches home-seekers who are either homeless or at-risk of homelessness with home-providers that have an extra room in their house.

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Packet Pg. 257 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 15 To address the remaining needs of female-headed households, the City is implementing the following program:
• Program 4-3: Nondiscrimination & Fair Housing Information Homelessness
Homeless individuals and families have perhaps the most immediate housing need of any group. They also have one of the most difficult sets of housing needs and support services to meet, due to both the diversity and the complexity of factors that lead to homelessness. The Department of Housing and Urban Development defines homelessness as any “individual or family who lacks a fixed, regular, and adequate nighttime residence.” This also includes those at risk of being homeless, those fleeing domestic violence, those who have no other residence, and those who lack the resources to obtain permanent housing. In California, those who have reported experiencing chronic homelessness have increased by 20% between 2020 and 2021.2 Existing and Projected Needs of Persons Experiencing Homelessness According to the 2020 Point-in-Time Census, there was an estimated total of 37 homeless persons in Cotati, all of which were unsheltered. In Sonoma County, there are a total of 2,745 reported individuals experiencing homelessness, which represents a 7% decrease in homeless persons since 2019. The causes of homelessness are complex and often based on inter-related factors. In Sonoma County, the primary causes of homelessness, as reported by the 2020 Sonoma County Homeless Census Comprehensive Report, were lost job (22%), alcohol or drug use (16%), argument with family or friend (15%), and fire (10%). Obstacles to obtaining permanent housing, from highest reported to lowest reported, include unable to afford rent (70%), no job or not enough income (50%), no money for moving costs (31%), no housing availability (20%), and no transportation (17%).

Of those experiencing homelessness in the County, the majority (63%) are men and white. The number of homeless individuals who are sheltered in Sonoma County increased by 5% between 2019 to 2020. The amount of homeless youth (18-24) and seniors (61+) has increased since 2016.

According to the 2020 Sonoma County Homeless Census Comprehensive Report, the number of those who are homeless and unsheltered in Cotati increased dramatically between 2018 to 2019 (Table 14) but decreased since then.

Table 14: Total Number of Homeless Persons in Cotati, by Shelter Status 2018 2019 2020
Unsheltered 1 44 37
Sheltered 0 0 0
2 2021 Annual Homeless Assessment Report (AHAR) to Congress

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Packet Pg. 258 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 16 Total 1 44 37
Source: 2020 Sonoma County Homeless Census Comprehensive Report Programs and Resources for Persons Experiencing Homelessness Emergency shelters are allowed by-right in the General Commercial District and the Public Facilities District of Cotati. Emergency shelters are allowed within the Downtown Specific Plan area, subject to the permit requirements and standards of the Downtown Specific Plan. North House on Old Redwood Highway in Cotati is a 8- unit transitional housing facility serving homeless and mentally disabled adults. “A Step Up – Cotati” is a 11-bed transitional home serving adults with addiction and behavioral health issues.

Cotati has two housing facilities operated by Community Support Network that serve populations that are homeless or at-risk of homelessness. • North House – 8050 Old Redwood Highway: Eight-bed residential Transitional Training Program for mentally ill, homeless adults. There is minimal supervision and services focus on helping clients assess their own skills and abilities relating to independent living stabilization. Clients can stay up to eight months.
• A Step Up – 420 East Cotati Avenue: Eleven-bed facility providing dual diagnosed adults (mental illness with alcohol and/or other drug issues) the opportunity to improve physical and emotional health and develop positive habits that can speed up their path to recovery and self-sufficiency. Clients can stay up to twelve months.

Cotati partners with the Committee on the Shelterless (COTS) shelter and housing programs, which provide emergency and transitional shelter and permanent housing for the homeless. Some of the programs include Integrity Housing, Permanent Supportive Housing (PSH), and the Rapid Rehousing (RRH) program.

A list of regional housing resources is provided for those experiencing homelessness at the Homeless Shelter Directory, including:
• Sonoma County Behavioral Health
• Community Support Network
• The SAY Dream Center For Youths
• The Living Room Day Shelter For Women
• The Rose - Women with Children Emergency Shelter
• Redwood Gospel Mission
• Catholic Charities Homeless Services Center
• Family Support Center

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Packet Pg. 259 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 17 • Sloan House Women's Emergency Shelter
• Community Support Network Opportunity House
• InterFaith Shelter Network
To address the remaining needs of homeless individuals, the City is implementing the following policies and programs:
• Program 2-5: Continuum of Care and Crisis Response - Seek funding to support transitional and supportive housing.
• The City of Cotati has greatly expanded its relationship with local non-profit organizations and service providers, through participation with the CDC and separately to meet the various needs of the un-housed population. This has resulted in three units of transitional housing being purchased within the City, with management of these services being led by CDC staff. • Program 3-2: Planning for Affordable and Special Needs Housing – Develop a housing stakeholders group that includes affordable housing developers and special needs group stakeholders to discuss needs and priorities. • The City's Land Use Code requires 10% of all units in new subdivisions to be single story and universally accessible to allow for full conversions in the future if needed/wanted. The City's objective design guidelines also require multifamily housing projects to incorporate 10% of the units as accessible. • Program 3-3: Funding for Affordable and Special Needs Housing – Seek available funding for lower income and special needs housing. • Program 1-1 Housing Rehabilitation and Home Ownership • Over the 5th Cycle, the CDC applications for these funding sources has primarily focused on addressing homelessness and infrastructure deficiencies.
• Policy H-3-9: Coordinate with regional and local service groups to facilitate linkages between at-risk individuals and families, and organizations that provide support services.

4.2.3 Zon in g for a Var iety of H ousin g Types
This section provides an analysis of zoning and availability of sites for a variety of housing types pursuant to Government Code § 65583(a)(4), 65583(c)(1), and 65583.2(c). The City provides for a range of housing types within its Zoning Code, as demonstrated in Table 15 below, including single-family, multi-family, accessory dwelling units, mobile and manufactured homes, residential care facilities, emergency shelters, supportive housing, transitional housing, single-room occupancy living units, boarding/rooming houses and family daycare homes.

Additional information related to the permitting requirements, allowed densities, and development standards for each type of housing and zoning designation can be found in Section 4.4.2, Potential Governmental Constraints. Because Cotati is small town of

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Packet Pg. 260 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 18 mature neighborhoods it has limited availability of sites across all zoning districts discussed. State laws such as SB 478 (2021) promote the creation of “missing middle” housing such as live/work units, multiplexes, townhomes, bungalow courts, and other housing types by allowing more flexibility in size and shape of new, smallscale development (Terner Center, 2019).

This Housing Element includes a program for the City to allow an increased variety of housing types such as live-work studios. The City is actively processing and permitting projects that address the community’s housing needs, including many of the housing types analyzed here. Additionally, during 2022 the City is updating the Downtown and Transit Oriented Zoning to allow better allow for infill residential development.

Table 15: Residential Uses Allowed by Zoning District in Cotati Zoning Map
Symbol Name of Zoning District
General Plan Designation
Implemented
by Zoning District
Maximum density/dwelling units
to accommodate
RR Rural Residential Rural One unit per 1 or 1.5 acre
RVL Residential Very Low
Density
Low-Density Residential One unit per 0.5 to 0.66 acre
NL Neighborhood, Low
Density
Low-Medium Density
Residential
6 units per acre
NM Neighborhood, Medium
Density
Medium Density Residential 10 units per acre
NU Neighborhood, Urban High-Density Residential 15 units per acre Mixed Use Corridor and Downtown Zones
CE Commercial, East Cotati
Ave. Corridor
Office, General Commercial 15 units per acre
CD Downtown Commercial General Commercial, La
Plaza Specific Plan
15 units per acre
CA Commerce Avenue Downtown Specific Plan3 61 dwellings NG Northern Gateway Downtown Specific Plan 229 dwellings HC Historic Core Downtown Specific Plan 71 dwellings
LP La Plaza Downtown Specific Plan 89 dwellings
Special Purpose and Overlay Zones
CP Coordinated Planning
Overlay
All
3 Downtown Specific Plan area has no density limits. The plan establishes a maximum number of residential units that can be developed within the zones of the Specific Plan area.

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Packet Pg. 261 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 19 Zoning Map
Symbol Name of Zoning District
General Plan Designation
Implemented
by Zoning District
Maximum density/dwelling units
to accommodate
MHP Mobile Home Park
Overlay
All Residential determined by the primary
zone of the affected site
PF Public Facility Public Facilities
SPSW Specific Plan, Santero
Way
All No maximum
SPD Specific Plan, Downtown General Commercial,
Residential, Parks
No maximum
Source: https://www.codepublishing.com/CA/Cotati/html/Cotati17/Cotati1720.html Single- and Multifamily Rental Housing
Single- and multifamily housing types include detached and attached single-family homes, duplexes, triplexes, townhomes, condominiums, and rental apartments.

According to the 2020 ACS 5-year estimates, there are 2917 housing units in Cotati. Single-family detached and attached account for most Cotati housing stock, consisting of 55.3% (1613 units) and 13.1% (382 units) respectively. Duplexes, triplexes, and fourplexes comprise 5.7% (166 units) and multi-family complexes with five or more units comprise 19.9% (580 units) of the housing stock.

Housing for Agricultural Employees
According to the 2020 ACS 5-year estimate, 3% of Cotati’s residents (124 people) were employed in the agriculture, forestry, fishing/hunting, and mining industries.

There is no farmworker data specific to the City, but there are agricultural lands that would require farmworker employment within the City limits. While there is a significant amount of agricultural production in Sonoma County and demand for farmworker housing in the unincorporated areas of the county as well as communities with agricultural land, there are no parcels in Cotati currently designated for agricultural use. Agricultural uses, such as crop production, horticulture, vineyard, and orchard use may be allowed in the Rural Residential zone subject to the issuance of a use permit.

Emergency Shelters and Low Barrier Navigation Centers
According to the Health and Safety Code, emergency shelters are housing with minimal supportive services for homeless persons that are limited to occupancy of six months or less by a homeless person. Local agencies are required to identify a zone where emergency shelters are allowed as permitted use without a conditional use or another discretionary permit. Emergency shelters are allowed in the General Commercial District and the Public Facilities District of Cotati. The City also allows establishment of emergency shelters in the Downtown Specific Plan area, subject to the permit requirements and standards of the Downtown Specific Plan. Program 2-5

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Packet Pg. 262 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 20 (Continuum of Care and Crisis Response) is included in Section 2 to address and expand resources available in Cotati.

Transitional and Supportive Housing
Transitional and supportive housing projects are allowed in all districts.

Single Room Occupancy (SRO) Housing
Single Room Occupancy facilities (SROs) is a type of housing that can serve extremely low-income households. It includes housing with shared facilities, such as living or dining areas, with private sleeping areas. Rent is much lower than those associated with typical apartment complexes. The City’s NU zone allows for rooming houses with a Use Permit. While SRO facilities are not specified in the zoning code, the City has allowed the by-right conversion of an existing motor lodge to long-term occupancy.

Program 3-1 (Zoning for a Variety of Housing Types) will ensure that the City is in compliance with the most recent state laws for allowable residential land uses.

Manufactured Homes
Manufactured homes on permanent foundations are allowed on lots zoned for singlefamily dwellings, except for those abutting a designated historical landmark site (CMC Chapter 15.24). Manufactured homes are allowed in RR, R1, and R2 zones in the same manner as a stick-built single-family home and must be certified under the National Mobile Home Construction and Safety Standards Act of 1974. Program 3-1 (Zoning for a Variety of Housing Types) will bring the City into compliance with the requirements of Government Code § 65852.3 to permit manufactured homes in the same manner, in the same zones, and only subject to the same requirements as other single-family residential uses.

Mobile Home Parks
Mobile home parks (MHP) are described as “any area or tract of land where one or more spaces are rented or leased or held out for rent or lease to accommodate mobile homes, manufactured homes or travel trailers used for human habitation for 30 days or longer.” Mobile homes account for 4.1% (119 units) of the City’s housing stock. The Mobile Home Park (MHP) zoning district is a type of Special Purpose and Overlay Zones district in which mobile homes are the only allowable land use type.

Accessory Dwelling Units (ADUs)
An ADU is a self-contained home that is smaller than the main house and legally part of the same property. Residential properties are eligible to construct an Accessory Dwelling Unit (ADU) which can be an interior or garage conversion, detached standalone ADUs, ADUs attached to the primary residence, and ADUs constructed above garages type. Additionally, every single-family residential property is also eligible to construct a Junior ADU (JADU). The maximum size of JADUs is 500 square feet.

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Packet Pg. 263 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 21 To support the development of ADUs, the City has formed partnerships with the following community-based non-profit organizations:
• Napa Sonoma ADU Center provides resources to homeowners considering construction of an ADU or JADU.
• Homes for Sonoma, a nonprofit developer, was founded to create affordable housing options in a safe environment and support a sustainable community.

The organization aims to address the housing crisis in Sonoma County and across the state with scalable solutions, especially by promoting ADUs.

The City issued an average of 3 annual permits for ADUs between 2018 and 2021.

4.3 LOCAL HOUSING PROGRAMS & RESOURCES

4.3.1 Resour ces: H ousin g Assistan ce Pr ogr am s
The following programs include Federal-, State-, and locally run programs providing funding for construction, rehabilitation, or rental assistance for very low-, low-, and moderate-income households. This section describes programs utilized by the City and those that may be locally available and potentially applicable within the jurisdiction.

Federal Assistance Programs
The Community Development Block Grant (CDBG) Program funds a wide variety of local housing and community development projects that improve the quality of living for lower-income residents whose incomes are less than 80% of the Area Median Incomes as established by the U.S. Department of Housing and Urban Development (HUD).

Sonoma County receives approximately $1.8 million annually in CDBG funds. The program is administered by the Community Development Commission, and the Sonoma County Board of Supervisors makes the final decision regarding how the funds are distributed locally. The City of Cotati is a part of the urban county group of non-entitlement jurisdictions with funds administered by the Sonoma County Community Development Commission. The Cities & Towns Advisory Committee administers CDBG funding to participating cities. The City can apply directly to the Sonoma County Community Development Commission to obtain CDBG funds for designated projects; however, the City is not guaranteed any minimum allocation.

CDBG funds can be used for activities that meet one of the following National Objectives:
• Benefits low- and moderate- income persons;
• Aids in the prevention or elimination of blight; and
• Meets a need from having a particular urgency (e.g. disasters)

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Packet Pg. 264 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 22 Examples of such activities include the following:
• Housing rehabilitation
• Community and Senior Centers
• Acquisition of real property for affordable housing
• Infrastructure improvements
• Public services
• Accessibility modifications
• Permanent supportive housing for people experiencing homelessness • Homeless Shelters
Home Investment Partnerships (HOME) grants are provided by HUD to fund a wide variety of projects that implement local housing strategies and create affordable housing for low-income households including building, buying, rehabilitating affordable housing, or providing direct rental assistance (Source: HUD). The County receives approximately $650,000 in HOME funds annually. The City or nonprofit developers can apply to Sonoma CDC to obtain HOME funds, which are used on a competitive basis. The City can work with affordable housing developers to support applications for these funds that can be used for all aspects of affordable housing development (Source: SCHA).

Housing Choice Voucher Section 8 (HCV Program) is a major federal program for assisting very low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market.

To become a participant of the HCV Program, individuals and families must sign up on the Waiting List with the Sonoma County Housing Authority This is a list of people who are waiting to receive rental assistance. Names can only be added to the Waiting List when the list is open, which is approximately every three to five years. While the list is open, 750 applications are randomly selected and assigned a place in line. Once a name reaches the top of the Waiting List, the applicant is interviewed to determine whether they are eligible for the program. Most recently, the Sonoma County HCV Program Waiting List was opened to receive applications from October 1, 2021 – November 1, 2021.

If selected, participants may choose any housing that meets the Housing Quality Standards of the program. The Sonoma County Housing Authority (SCHA) pays a housing subsidy directly to the landlord, and the participant pays the difference between the actual rent charged and the amount subsidized by the program. The tenant's share of rent and utilities is generally between 30 to 40% of their monthly income (Source: SCHA).

Project-Based Voucher Program is administered by the Sonoma County Housing Authority (SCHA) and is administered like the HCV program, except the voucher is tied to an individual unit, rather than “owned” by the person. Project-based vouchers

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Packet Pg. 265 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 23 are an important tool to ensure long-term financial stability of projects serving lowerincome persons, especially extremely low-income households. In recent years, SCHA has awarded new project-based vouchers, with priority given to projects with setaside units for people experiencing homelessness.

The Emergency Shelter Grant (ESG) Program administered by Sonoma County CDC which provides HUD funds to rehabilitate and operate emergency shelters and transitional shelters, provide essential social services, provide permanent housing solutions, and prevent homelessness (Source: SCHA).

The Federal Home Loan Bank System facilitates Affordable Housing Programs (AHP) which subsidize the interest rates for affordable housing. The San Francisco Home Loan Bank District provides local services within California. AHP grants are awarded annually through a competitive application process to Bank members working in partnership with housing developers and community organizations.

Basic eligibility requirements include having at least 20% of units in rental housing reserved for very low-income households and any owner-occupied housing must serve lower income households (Source: Federal Home Loan Bank of San Francisco).

HUD Section 811/202 Programs provide critical affordable housing to elderly and persons who experience disabilities. The Section 202 program funds development and operation of affordable housing for very low-income elderly households. The Section 811 program provides non-profits with funding to develop and operate supportive housing for disabled very- and extremely-low-income persons (Source:

HUD).

Low-Income Housing Preservation and Residential Home Ownership Act (LIHPRHA) requires that all eligible HUD Section 236 and Section 211(d) projects which are “atrisk” of conversion to market-rate rental housing through the mortgage prepayment option be subject to LIHPRHA incentives. The incentives include HUD subsidies which guarantee owners an eight percent annual return on equity. Owners must file a Plan of Action to obtain incentives or offer the project for sale to a) non-profit organizations, b) tenants, or c) public bodies.

Low Income Housing Tax Credits (LIHTC) provide State and Local LIHTC- allocating agencies the equivalent of approximately $8 billion in annual budget authority to issue tax credits based on population for the acquisition, rehabilitation, or new construction of rental housing targeted to lower-income households.

National Housing Trust Fund (NHTF) is a federal program administered in California by HCD whereby funds can be used to increase and preserve the supply of affordable housing, with an emphasis on permanent housing for extremely low-income households. Previously, NHTF funding was allocated through the Housing for a Healthy California Program. Beginning in Fiscal Year 2022, the NHTF will be aligned with federal regulations. HCD is currently in the process of developing guidelines for the 2022 allocation of NHTF funds.

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Packet Pg. 266 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 24 Off-Farm Labor Housing Direct Loans & Grants is a federal program administered by the US Department of Agriculture Rural Development. This program provides affordable financing to develop housing for year-round and migrant or seasonal domestic farm laborers. Housing construction may be in urban or rural areas, if there is a demonstrated need for farmworkers nearby. The rental housing is for very lowto moderate-income ($5,500 above low-income limit) farmworkers and their families (Source: USDA RD).

State Assistance Programs
Affordable Housing and Sustainable Communities Program (AHSC) is administered by the Strategic Growth Council and implemented by the Department of Housing and Community Development (HCD). The AHSC Program funds land-use, housing, transportation, and land preservation projects to support infill and compact development that reduce greenhouse gas emissions. The AHSC provides grants and/or loans that benefit disadvantaged communities through increasing accessibility of affordable housing, employment centers, and key destinations via low-carbon transportation. Eligible applicants for the AHSC program include localities, public housing authorities, and redevelopment successor agencies among others.

CalHome Program is administered by HCD and provides grants to local public agencies and nonprofit developers to assist individual first-time homebuyers through deferred-payment loans for down payment assistance and home rehabilitation, including manufactured homes not on permanent foundations, acquisition and rehabilitation, homebuyer counseling, self-help mortgage assistance, or technical assistance for self-help homeownership. The CalHome Program also provides financial assistance for development of multiple-unit ownership projects (Source:

HCD).

California Emergency Solutions and Housing (CESH) Program is administered by HCD and provides grants to fund a variety of activities to assist persons experiencing or at risk of homelessness. Local governments, non-profit organizations, or designated unified funding agencies can apply for funding to use for housing relocation and stabilization services, operating subsidies for permanent housing, flexible housing subsidy funds, operating support for emergency housing interventions, and systems support for homelessness services and housing delivery systems.

California Housing Accelerator Program is a new HCD program and intends to reduce the backlog of shovel-ready housing projects that have been stuck in financial limbo.

Projects which have been funded under other HCD programs and have not been able to access low-income housing tax credits are eligible for the program. Applications for funding assistance must go through a selective process, giving priority to Tier I “Multifamily Project Tracker” projects, and once selected is provided a forgivable loan. The program is funded by the Coronavirus State Fiscal Recovery Fund established by the federal American Rescue Plan of 2021.

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Packet Pg. 267 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 25 California Housing Finance Agency (CalHFA) operates several programs to help reduce the cost of housing. These programs, funded through the sale of taxable and tax-exempt bonds, provide permanent financing of affordable housing developments, financing for homebuyers, hardship assistance, resources to increase homeownership for Black residents, and grants for the pre-development costs associated with the construction of Accessory Dwelling Units.

Community Placement Plan (CPP) and Community Resource Development Plan (CRDP) Funds. In collaboration with the regional center, the California Department of Developmental Services uses CPP and CRDP funds to develop safe, affordable, and sustainable homes as a residential option for individuals with intellectual and developmental disabilities.

Golden State Acquisition Fund (GSAF) provides funding seeded by HCD’s Affordable Housing Innovation Fund to preserve and expand quality affordable and senior housing. Combined with matching funds, GSAF makes up to five-year loans to developers for the acquisition or preservation of affordable housing. Terms for funding include development parameters that require projects to designate units to lower income households. Nonprofit and for-profit developers, cities, counties, and other public agencies within California are all eligible for GSAF financing.

Homekey is administered by HCD and provides grants to local entities to acquire and rehabilitate a variety of housing types to sustain and expand housing for people experiencing homelessness or are at risk of experiencing homelessness and provides additional funding for wrap-around supportive services.

Infill Infrastructure Grant Program (IIG) promotes infill development by providing financial assistance for infrastructure improvements necessary for specific residential or mixed-use infill development projects or areas. Criteria for funding include affordability, density, and access to transit. Eligible applicants for the IGG Program include nonprofit and for-profit developers of qualifying infill projects and localities with jurisdiction over qualifying infill areas among others.

Joe Serna, Jr. Farmworker Housing Grant (FWHG) Program is administered by HCD and finances the new construction, rehabilitation, and acquisition of owner-occupied and rental units for agricultural workers, with a priority for lower income households. Eligible applicants include local government agencies, nonprofit corporations, and cooperative housing corporations among others.

Local Early Action Planning (LEAP) Grants is administered by HCD and provides overthe-counter grants complemented with technical assistance to local governments for the preparation and adoption of planning documents, and process improvements that accelerate housing production and facilitate compliance to implement the sixth-cycle Regional Housing Needs Assessment.

Local Housing Trust Fund (LHTF) Program is funded through HCD and provides matching funds to local and regional housing trust funds dedicated to the creation, rehabilitation, or preservation of affordable housing, transitional housing, and

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Packet Pg. 268 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 26 emergency shelters. Funds are also used to provide down payment assistance for first-time homebuyers and is restricted for units with at least 55 years of affordability for households earning less than sixty percent AMI.

Mobile Home Park Rehabilitation and Resident Ownership Program (MPRROP) is administered by HCD and is used to finance the preservation of affordable mobile home parks by conversion to ownership or control by resident organizations, nonprofit housing sponsors, or local public entities. Eligible applicants include mobile home park resident organizations, nonprofit entities, and local public agencies. Lowincome residents of converted parks can apply for individual loans to the entity that has purchased the park.

Multifamily Housing Program (MHP) is administered by HCD and assists the new construction, rehabilitation, and preservation of permanent and transitional rental housing for lower income households. Eligible applicants must have successfully developed at least one affordable housing project.

Predevelopment Loan Program (PDLP) provides predevelopment capital to finance the predevelopment costs of projects to construct, rehabilitate, convert, or preserve assisted housing projects with priority given to developments which are rural, located in the public transit corridors, or which preserve and acquire existing governmentassisted rental housing as risk of conversion to market rates. Eligible applicants include local government agencies among others.

Section 811 Project Rental Assistance offers long-term project-based rental assistance funding from the U.S. Department of Housing and Urban Development (HUD) through a collaborative partnership among the California Housing Finance Agency (CalHFA), Department of Health Care Services (DHCS), Department of Housing and Community Development (HCD), Department of Developmental Services (DDS) and California Tax Credit Allocation Committee (TCAC).

Supportive Housing Multifamily Housing Program (SHMHP) provides low-interest loans to developers of permanent affordable rental housing that contain supportive housing units. SHMHP funds may be used for new construction or rehabilitation of a multifamily rental housing development, or conversion of a nonresidential structure to a multifamily rental housing development.

Veterans Housing and Homelessness Prevention (VHHP) Program is implemented by HCD and funds the acquisition, construction, rehabilitation, and preservation of affordable multifamily housing for veterans and their families to allow veterans to access and maintain housing stability. Eligible applicants include affordable housing developers who are partnered with appropriate service providers.

Local Assistance Programs
Housing Land Trust of Sonoma County (HLT) is a private, non-profit corporation founded in February 2002, with a goal of making housing affordable and to provide home ownership and opportunities to low- and moderate-income families in Sonoma

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Packet Pg. 269 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 27 County. HLT uses the Community Land Trust model (CLT), a model in which the organization owns real estate in certain areas within the City and provides access to land and housing for the local community who have been forced out of the housing market. Through this model, low and moderate-income families can purchase homes on affordable terms and lease the land beneath the home for 99 years. Homeowners can sell their homes if they decide to move and get a fair return for their investment and at the same time benefit potential homebuyers by keeping the price affordable.

The City of Cotati in partnership with Housing Land Trust of Sonoma County and Renew Now Homes have currently listed the Jamie Lane and Kessing Ranch available for purchase by qualifying applicants.

Fair Housing of Sonoma County (FHOSC) is a non-profit agency that is a designated provider of fair housing and supplies land-tenant information and referral service to all residents of Sonoma County.

Legal Aid of Sonoma County's Homeless Advocacy Project (HOME) is a program that assists low-income tenants of Sonoma County with eviction defense, Section 8 issues, mobile home park issues, and habitability problems.

The County Fund for Housing (CFH) provides financial assistance to develop, preserve and accelerate the development pace of affordable housing in Sonoma County. The CFH resources are used to provide loans and grants to qualified developers, public entities, groups, and individuals to undertake activities which create, maintain, or expand the County’s affordable housing stock. CFH receives funds from multiple local sources, including, but not limited to County of Sonoma General Fund; County of Sonoma Reinvestment and Revitalization Funds; Developer In-Lieu Fees; Transient Occupancy Tax; and CFH loan processing fees, interest, and loan repayments.

4.3.2 Resources: Shelters, Transitional and Supportive Housing The City will continue to seek sources of funding, including Emergency Housing Assistance Program through the County, to support transitional housing, and supportive housing by interested developers/operators to provide housing for homeless persons and households at‐risk of homelessness.

The Sonoma County Community Development Commission (CDC) receives and administers federal block grant funds through the Consolidated Plan process that are used in the unincorporated County and participating cities to address the needs of lower income households, including the special needs and homeless populations.

Cotati is a participant in the Urban County Consolidated Plan process and block grant programs. The CDC funds a variety of programs and shelters County-wide to address homelessness that provide short-term emergency housing assistance as well as longterm programs to transition from homelessness. These programs include Shelter Plus Care, Committee on the Shelterless, Community Support Network, and the Catholic Charities Homeless Services Center.

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Packet Pg. 270 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 28 There are emergency shelters serving as general homeless shelters or transitional housing opportunities that are available to Cotati’s homeless population. There are no homeless listings within the City limits but there are homeless shelters in Santa Rosa and Petaluma that provide help to Cotati’s homeless population.

In 2015, the City partnered with Catholic Charities to provide space and facilities for a pilot Safe Parking program. Additionally, the City operates a mental health crisis responses team Specialized Assistance for Everyone (SAFE) in conjunction with the City of Rohnert Park.

The City continues to investigate other possible opportunities to partner and expand services. There are several state licensed neighborhood facilities in the City.

In 2019, the County CDC purchased a three-unit property within Cotati (8190, 8192, and 8194 Arthur Street) to provide supported transitional housing to residents.

A Step Up – Cotati is a live-in program providing an 11-bed home where residents can live for up to 3-12 months in a safe and supportive environment. The place allows them to improve their emotional and physical health, while learning positive coping skills on the path to recovery and independence.

4.3.5 At-Risk Assisted H ousin g Developm en ts
Pursuant to Government Code § 65583, at-risk assisted housing developments refer to any existing multi-family, rental housing complexes which receive funding under public programs and are at risk of being converted from low-income housing to market rate housing within ten (10) years of the housing element planning period.

The conversions can occur due to termination and opting out of programs such as rental subsidies, mortgage repayment, expiration of restricted uses or direct loans.

The City of Cotati contains a total of 147 low-income units, none of which are at risk of being converted to market rate units within the planning cycle (ABAG, 2021).

4.3.6 Planning and Zoning Incentives
AB 2345 provides developers with density bonuses or other incentives in exchange for the provision of affordable housing units included within the development which meets certain requirements. As of January 2021, up to a 50% density bonus can be approved for housing projects consisting of a combination of affordable and Abovemoderate homes. The legislation also reduces specific thresholds for obtaining approvals and allowances from local jurisdictions, requires density bonus reporting, and reduces parking obligations for many projects qualifying for a density bonus. To qualify for the density bonus developments must include (a) at least eleven percent (15%) of the total units are for very low-income households, (b) at least twenty percent (24%) of the total units are for low-income households, or (c) at least forty percent (44%) of the total for-sale units are for moderate-income households. The density bonus applies to housing development of five or more dwelling units.

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Packet Pg. 271 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 29 The City of Cotati requires developers to construct housing in which at least 15% of the total number of proposed units are for lower income households. The affordable units must be built on-site in developments with 10 or more units; smaller developments can meet the affordable housing obligation by paying an in-lieu fee.

The density bonus is available to help to offset these costs when the units are provided on-site.

Density Bonuses
The City’s current density bonus provisions are as follows:
• General Density Bonus: The City grants at least a 20% increase in the number of dwelling units, up to a maximum of 35%.
• Bonus for Condominium or Planned Development Project: The City grants at least a 5% increase in the number of dwelling units, up to a maximum of 35%. • Density Bonus for Land Donation: An applicant is granted at least a 15% density bonus for the entire development when donating land to the City, up to a maximum of 35%.
• Senior Housing Density Bonus: The City shall grant a density bonus that is 20% of the number of senior housing units.

Program 3-1 (Zoning for A Variety of Housing Types) will bring the City into compliance with changes to the State’s Density Bonus Law that allow up to a 50% density bonus upon provision of certain types and amounts of affordable units.

Affordable Housing
The City of Cotati prioritizes access to healthy, safe, and affordable housing for all its residents. As part of this effort, the City formed a strategic partnership with several experienced housing service providers including the Housing Land Trust of Sonoma County (HLT) and the Sonoma County Community Development Commission (CDC) to develop and administer a variety of affordable housing programs.

The City’s Inclusionary Housing Policy requires all residential projects of 10 units or more to allocate 15% of the homes to families and individuals that are under either “Very-Low,” “Low” or "Moderate" Income level.

Local Processing and Permit Fees
Applicants need to obtain the building permit form either online or physical form and fill it out. Completed permit form is sent to the Community Development Department office by email or mail and then after the permit is received, it will be evaluated by the department and an applicant is provided the permit number and the amount due.

After paying the due amount, the applicant will receive the approved permit and scheduled inspections will be conducted.

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Packet Pg. 272 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 30 Source: Master Fee Schedule 2021, City of Cotati

4.4 HOUSING CONSTRAINTS ANALYSIS
This section of the Housing Element examines the constraints that could hinder the City’s achievement of its housing objectives and the resources that are available to assist in the production, maintenance, and improvement of the City’s housing stock.

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Packet Pg. 273 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 31 4.4.1 Non -Gover n m en tal Con str ain ts
In compliance with Government Code § 65583(a)(6), the following section analyzes potential non-governmental constraints:

Vacant Land
There is remaining vacant land within available the City, including land in areas zoned for lower densities, higher densities, and mixed-use development, and a range of lot sizes. The availability of vacant land allows for the development of additional housing in the City without the need for redevelopment and does not pose a constraint.

Land Costs
The financial infeasibility, economic fluctuations, succession of post-2017 emergency situations, and lack of appropriately zoned land have contributed to the slow pace of house production in Sonoma County over the past few years. In addition, the COVID19 pandemic has put additional pressure on the local market and worsened the housing shortage. The market is still impacted by the 2017 Tubbs Fire and subsequent wildfires including the 2019 Kincaid Fire. The number of lots for sale has increased from 5088 in 2018 to 6563 in 2021. The land cost as a share of the property value at 35% in Sonoma County is lower relative to other California counties.

Land recently listed for sale in Cotati consists of lots smaller than an acre with access to utilities. The average price of vacant land in Cotati was $976,318 per acre as of August 2022, according to LoopNet. The lot with the highest cost per acre is located near the SMART station and has existing approved plans for multifamily development and the lot with the lowest cost per acre is located on the outskirts of town, primarily near other vacant lots and commercial uses. While land costs are high, they do not pose a significant constraint to the development of housing in Cotati.

Construction Costs
According to local stakeholders in the development community, hard costs for residential construction typically start around $400 per square foot. Construction costs vary based on the type of development. Construction costs for stacked flats start as low as $250 per square foot. Disruptions in supply chains have exacerbated construction costs and further constrained housing development. Stakeholders also expressed that the unpredictability of construction costs was a constraint to the development of housing, especially for projects relying on tax credits or similar affordable housing funding sources. The cost of construction affects the affordability of new housing and is a significant nongovernmental constraint to housing in Cotati.

Financing
Financing is one of the most crucial factors considered in the provision of adequate housing for all sectors of the population. The availability of finance is influenced by factors beyond the local government's control, such as bank and investor capital

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Packet Pg. 274 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 32 levels, borrowers' creditworthiness, and investors' willingness to provide capital for real estate.

Lenders typically prefer a 20-percent down payment on a mortgage loan. Prospective buyers, who might be able to support an 80-percent loan, often do not have the financial resources to make the required down payment. Lenders will sometimes loan up to 90 percent of the asking price, but an applicant's credit is much more closely scrutinized, and monthly payments and monthly income requirements are significantly higher. Consequently, financing can pose a major obstacle for first-time or moderate-income homebuyers, even for those who might otherwise qualify for a standard loan.

There are three government-insured types of home loans. They are USDA loans, VA loans, and FHA loans. USDA loans are provided based on the rural Development rural area requirements. USDA loans have nine different multifamily housing programs that provide rental assistance for lower-income tenants and are geared toward financing projects related to the development, rehabilitation, and preservation of affordable homes for low-income, elderly, disabled people, and domestic farm laborers. FHA loans are provided by the Federal Housing Administration. This program is managed by the federal government’s Department of Housing and Urban Development (HUD). For Californians, there is the CalHFA and CalPlus under the FHA loan program.

Mortgage interest rate has fluctuated below 5% since 2010. The highest average rate recorded was 4.69% in 2010 and the lowest rate was 2.96 in 2021. The data shows a trend in average mortgage interest rates, in which every two years it adjusts to either surpass or fall below 4%, as shown in Table 16.

Table 16: Average Mortgage Interest Rates 2000 – 2022
Source: Freddie Mac, 30-year fixed mortgage rates and points. Retrieved from https://www.freddiemac.com/pmms/pmms30
Development Trends
The La Plaza View Mixed-Use development is an entitled mixed-use project in downtown Cotati. It is located on the vacant parcels along East Cotati Avenue between Charles Street and La Plaza. The proposed project has two three-story

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Packet Pg. 275 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 33 buildings and includes 27-29 residential units. A separate density bonus project under ministerial consideration utilizing Senate Bill 35 (SB 35) streamlining provisions, has also been proposed on this site.

Cotati Village is part of the larger Cotati commons project, previously known as South Sonoma Business Park. This proposed project was originally envisioned in 2002 to develop 35-acres of land with 15-acres allotted to retail, offices, and corporate facilities. After conducting an environmental impact study, the City proposed an alternative project and adopted “The Orchard Plan Alternative” in May 2001, which includes 13.36-acres of mixed and retail use, and 50 residential units. Subsequently, in 2021, a horizontal mixed-use project proposing 7,000 square feet of commercial space and approximately 170 multi-family apartment projects was submitted and is under review by City staff.

The Kessing Ranch Subdivision is a new single-family development located at the corner of Old Redwood Highway and Valparaiso Avenue. The project has 7 units for sale affordable homes out of the 42 units available. Construction was completed in 2022 with all units being occupied.

Cotati Station is a 98-unit multifamily apartment project in the Santero Way Specific Plan area, adjacent to the SMART rail station in Cotati. This project benefited from a 100% density bonus granted by the Cotati City Council and is anticipated to break ground in late 2022.

While multifamily housing units comprised only 31% of Cotati’s housing units at the end of 2017, recently approved and constructed projects will increase this proportion significantly.

State law allows single-family homes to build at least one accessory dwelling unit (ADU) and one junior accessory dwelling unit. In compliance with the state law, Cotati Municipal code Chapter 17.42.170 articulate ADU and JADU procedures and development standards. Additionally, the City’s Cottage Housing Ordinance allows missing middle housing types on most residential lots in the City, and grants increased density for qualifying projects. These ordinances play a significant role in addressing the growing housing shortage and promotes individual homeowners to contribute to increasing the housing supply in the City over the coming years.

Community Opposition
Residents of Cotati have at times expressed concern about housing developments that would change the “community character” or appearance of their neighborhoods, especially in single-family areas. However, when these concerns have been addressed, they have generally resulted in a better project and have not stopped the development of housing projects in Cotati. Community members appear to be generally supportive of affordable housing, mixed-use development, senior housing, and transit-oriented development. Although this has not happened in recent memory, community opposition within the California Environmental Quality Act (CEQA) review process can pose a constraint to development. The CEQA process does add time,

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Packet Pg. 276 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 34 uncertainty and cost to the approval and construction of housing development.

Programs xx and xx will remove discretionary review procedures where appropriate, reducing the opportunities for community opposition to serve as a constraint to housing development while affirmatively further fair housing choice.

4.4.2 Potential Governm en tal Con strain ts
Governmental constraints are policies, standards, requirements, or actions imposed by the various levels of government upon land and housing ownership and development. Although federal and state agencies play a role in the imposition of governmental constraints, these agencies are beyond the influence of local government and are therefore not addressed in this document.

General Plan and Zoning Code
Each jurisdiction in California must prepare a comprehensive, long-term General Plan to guide its future. The Land Use Element of the General Plan establishes the basic land uses and density of development within each jurisdiction. Under state law, the General Plan elements must be internally consistent, and each jurisdiction’s zoning must be consistent with its General Plan. Thus, the Land Use Element must provide suitable locations and densities to implement the policies of the Housing Element.

The City of Cotati’s General Plan was updated in 2015 to guide development for the next 20 years. The City’s land use regulations are codified in Chapter 17.22 of the Cotati Municipal Code and include allowable land uses and planning permit requirements for residential, commercial, mixed use, specific plan, and other district areas. The various district zones allow for a variety of housing including multi-family housing up to 100 units, residential care facilities, mobile/ manufactured homes, live/work units, emergency shelters, and ADUs, as shown in Table 17 and Table 18 below. Minimum and maximum densities are described within each zoning district.

Table 17: Allowable Land Uses for Low Density and Neighborhood District Zones
Housing Type RR RVL NL NM NU OSC
Minimum Density Permitted
(units per acre)
N.A. N.A. 4* 8* 12* Max. 1
caretaker
unit
Maximum Density
Permitted (units per acre)
1 2 6 10 15 Max. 1
caretaker
unit
Single-Family Dwelling P P P UP** UP** -
Accessory Dwelling Units P P P P P -
Junior Accessory Dwelling
Units

P P P - - -
Multifamily housing, 2 units - - UP P P -

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Packet Pg. 277 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 35 Multifamily housing, 3 or 4
units
--- UPP-
Multifamily housing, 5 to 9
units
--- UP UP-
Multifamily housing, 10 or
more units
---- UP-
Multifamily housing, up to
100 units with 25%
----P-
Residential care facility for
the elderly (RCFE)

UP UP UP UP UP-
Residential care, 11 or
more clients

UP UP UP UP UP-
Residential care, 6 or fewer
clients, in a single-family
dwelling
PPPPP-
Residential care, 7 to 10
clients

UP UP UP UP UP-
Residential component of a
mixed-use project
-- UP UP UP-
Residential accessory use
or structure
PPPPP-
Caretaker quarters----- UP
Cottage housing--SSS-
Mobile Home Park UP UP UP UP UP-
Mobile/Manufactured HomePPPPP-
Rooming or boarding house---- UP-
Organizational house
1 ---- UP
-
Source: City of Cotati Municipal Code Chapter 17.22, 2022 RR = Rural Residential
RVL = Residential, Very Low Density
NL = Neighborhood - Low Density
NM = Neighborhood – Medium Density
NU = Neighborhood – Urban
OSC = Open Space, Conservation
OSR = Open Space, Recreation
P = Permitted Use, Zoning Clearance required
UP = Use Permit required
S = Permit requirement set by Specific Use Regulations - = Use not allowed

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Packet Pg. 278 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 36 * = No residential subdivision, or residential development project with multiple units on a single parcel (including the residential component of a mixed use project) will be approved at less than the minimum density; except that in the CE, CG, and CD zoning districts, the review authority may reduce the minimum density for a mixed use project where it determines that the minimum density is not feasible due to constraints on the parcel, including topography, easements, and access. ** = Use permit approval shall require that the review authority first find that the location of a proposed single-family dwelling on a parcel that may be further subdivided will not preclude future subdivision and development in compliance with the General Plan.
1 “Organizational house” means a residential lodging facility operated by a membership organization for its members and not open to the general public. Includes fraternity and sorority houses, student dormitories, convents, monasteries, and religious residential retreats.

Table 18: Permit Requirements for Mixed Use Corridors, Downtown Specific Plan Districts, and Other Districts
Housing Type CE CG CD CI IG PF HC LP NG CA
Minimum Density
Permitted (units per
acre)
12* 12* 12* N.A. N.A. N.A. Subject to Downtown
Specific Plan
Maximum Density
Permitted (units per
acre)
15 15 15 15 N.A. N.A. Subject to Downtown
Specific Plan
Accessory Dwelling
Unit

P P P - - - P P P P
Residential care
facility for the
elderly (RCFE)

UP MUP - - - UP - UP UP UP
Residential care, 7
or more clients

UP - - - - UP - UP - -
Residential
component of a
mixed-use project

P P P - - - P P P P
Emergency/transitio
nal shelter
- - S - - S S S S S
Live/work unit UP UP - UP UP - P P P P
Home occupation P P P - - - P P P P

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Packet Pg. 279 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 37 Source: City of Cotati Municipal Code Chapter 17.22, 2022 CE = East Cotati Avenue Corridor
CG = Gravenstein Highway Corridor
CD = Downtown Commercial
CI = Commercial/Industrial District
IG = General Industrial District
PF = Public Facility District
Downtown Specific Plan
HC = Historic Core
LP = La Plaza
NG = Northern Gateway
CA = Commerce Avenue
SUR = Specific Use Regulations P = Permitted
Use, Zoning Clearance required
MUP = Minor Use Permit required
UP = Use Permit required
S = Permit requirement set by Specific Use
Regulations
- = Use not allowed
* = No residential subdivision, or residential development project with multiple units on a single parcel (including the residential component of a mixed use project) will be approved at less than the minimum density; except that in the CE, CG, and CD zoning districts, the review authority may reduce the minimum density for a mixed use project where it determines that the minimum density is not feasible due to constraints on the parcel, including topography, easements, and access.

Density
According to the City’s General Plan, higher density is intended to concentrate in central locations and decreases as one goes further from the City core towards the urban growth boundary (UGB) and sphere of influence (SOI). This is reflected in Chapter 17.22 of the City’s Municipal Code as density limits typically range from four (4) units per acre in NL (Neighborhood – Low Density) zones to fifteen (15) units per acre in NU (Neighborhood Urban), CE (East Cotati Avenue Corridor), CG (Gravenstein Highway Corridor), CD (Downtown Commercial), and CI (Commercial/Industrial District) zones. There are no acreage-based residential density limits for certain mixed-use corridors, including the Downtown Specific Plan and other overlay districts, as shown above. Density limits for these zones are subject to the provisions of their respective plans and supporting CEQA analysis.

The Downtown Cotati Specific Plan describes five main district zones, four of which allow residential and mixed uses. The Specific Plan encourages high density residential development based on development standards such as maximum allowable dwelling units, maximum building height, and FARs. For example, HC (Historical Core) district allows a maximum of 71 dwellings, 35-ft. maximum height, and FAR of 2.15.

Cotati’s live/work unit provisions allow for the re-use of existing structures subsequent to an environmental assessment (CMC 17.42.090), essentially allowing adaptive reuse for workforce housing. Live/work units are allowed a maximum density of 15 units per acre and are not applicable to affordable housing requirements and incentives. This provision limits allowable units based on acreage rather than maximizing units based on the building envelope.

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Packet Pg. 280 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 38 Development Standards
Zoning regulations establish certain development standards that implement the goals, policies and programs of the land use element as described in the City’s General Plan. Specific development standards include allowable lot coverage, minimum lot area, setback requirements, building height, and street-side building distances. Table 19 below illustrates development standards for residential and commercial zoning districts.

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Packet Pg. 281 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 39 Table 19: City of Cotati Development Standards
Zoning
District
Minimum
Lot Size
(Sq. Ft.)
Minimum
Lot Width
(Feet)
Maximum Building
Height (Feet)
Minimum Front Yard
Setback (Feet)
Minimum Side Yard Setback
(Feet)
Minimum Rear
Yard Setback
(Feet)
Maximum Lot
Coverage (Percent)
Primary Accessory Interior Street Side
R
E
S
I
D
E
N
T
I
A
L
RR
65,340 for
RR-1.5 zone
43,560 for
RR-1.0 zone
100
100
28 121 25 10 20 20
30% on a 0.5-acre
parcel; reduced by 10%
for each additional 0.5
acre to a minimum of
10%
RVL
28,750 for
RVL-0.66
zone
21,780 for
RVL-0.5 zone
100
100
28 12 25 10 20 20 Same as RR
NL 6000 60 28 12 20 7 ft. (one side)
5 ft. (the other side) 10 20 40%
NM 5000 50 28 12 20
5 ft.; 10 ft. for
multifamily
structures; none
required for
rowhouse units
10 20 50%
NU 3500 45
28 ft.; 35 ft.
with use
permit
12 15
10 ft. for 1-story
building walls; 15 ft.
for 2-story building
walls; none required
for rowhouse units
15 15 60%
OSC
Determined
via
subdivision
review
N.A 35
25 for parcels
≤1 acre
28 for parcels
>1 acre
30 20 30 30 5%
C
O
M
CE 6000 60
35 ft.; 45 ft. with use
permit; or 45 ft. in
compliance with
Section 17.30.040(D)2
10 ft. for street side3
10 ft. abutting a
residential zone,
none required
otherwise
Varies4
20 ft. abutting a
residential zone, 10
ft. required
otherwise
80%

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Packet Pg. 282 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing 40 M
E
R
C
I
A
L
CG 10,000 100
35 ft.; 50 ft. with use
permit; or 45 ft. in
compliance with
Section 17.30.040(D)
0 ft.; except that the
build-to-line along the
Gravenstein frontage
shall be 30 ft. from the
highway right-of-way
10 ft. abutting a
residential zone,
none required
otherwise
Varies4
20 ft. abutting a
residential zone;
10 ft. required
otherwise
80%
CD 2000 20
35 ft.; 50 ft. with use
permit; or 45 ft. in
compliance with
Section 17.30.040(D)
0 ft.; 15 ft. on Arthur,
Charles, Henry, and
William Streets, and
East Cotati Avenue, in
compliance with the La
Plaza Specific Plan
10 ft. abutting a
residential zone,
none required
otherwise
Varies4 10 ft. 100%
CI 10000 100 40 ft. 20
20 ft. abutting a
residential zone,
none required
otherwise
20 30 80%
IG 10000 100
20 ft. if located within 50
ft. of a residential zone,
40 ft. elsewhere
20 0 20 30 80%
Source: City of Cotati Municipal Code Title 17, 2022
1 Greater height allowed for accessory structures where authorized by minor use permit (17.42.160). 2 Mixed Use structures in CE, CG, and CD zones may exceed maximum height limit to three (3) and forty-five (45) feet if the upper stories are residentially exclusive with a minimum 50% reserved as affordable to lower and moderate-income households. 3 Build-to-Lines require that buildings have at least 80% of the street-facing façade abutting the build-to-line (required location of new structures). The Buildto-Line may be waived for projects with more than one building where the frontage is occupied with more than one building (17.30.020). 4 Street side of a corner parcel is measured from whichever of the following points results in the greatest setback from an existing or future roadway: 1) The nearest point on the side property line bounding the street; 2) edge of an easement for a private road; 3) inside edge of the sidewalk; or 4) boundary of a planned future right-of-way (17.30.020).

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Packet Pg. 283 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing 41 The City’s development standards are generally conducive to increased building density for residential development. Mixed use structures in commercial areas are allowed height increases if affordable units are provided and are allowed to build to the front and side yard setbacks to maximize buildable parcel space.

The Downtown Specific Plan contains urban development standards that are unique to the four districts including building placement, height, types and façades.

Development standards are similar to the City’s standards for CE, CG, and CD zones.

For example, 0’ front setbacks and 35 feet in height (50 feet for the NG district) are allowed.

While the City’s standards allow for increased building density for residential development, the City’s code includes design standards for streetscapes (trees, façade, setbacks) to allow for sunshine, airflow, and space that promotes public health and safety (Chap. 17.26). The City established unique and place-based setback standards such as the build-to-line requirements to maintain a cohesive streetscape. The setbacks for proposed buildings in the Specific Plan will effectively shape the public space of streets, enhancing the comfort and convenience of residents and pedestrians. The City’s development standards promote building mass that accommodates residential units and do not serve as a constraint to housing development.

Parking Requirements
Sufficient parking for vehicles is a necessity for most Sonoma County residents.

However, if parking requirements are excessive, they can reduce the feasibility of developing new housing at the densities necessary to provide affordable housing. The City’s Municipal Code establishes off-street residential parking standards, as summarized in Table 20.

Sites with multiple tenants have aggregated parking standards for each separate use.

Multi-tenant centers can share parking requirements with adjacent non-residential use centers. More residential parking can be provided, but projects are encouraged to not “overpark” by supplying more parking than is necessary.

Parking reductions of up to 15% are available provided that the applicant/ property owner provides sufficient evidence that justifies the request (17.36.080). Other allowable reductions include a waiver of covered parking for affordable units.

Additionally, residential portions of horizontal mixed-use development may provide parking equivalent to multifamily dwellings with no guest spaces. The same applies to vertical mixed use, but a 30% reduction in spaces is allowed in these cases.

The parking requirements are consistent with those of other suburban communities in the North Bay. The City’s parking reductions and shared parking allocations allow flexibility in modifying parking requirements, especially in mixed-use areas with high density. Overall, the City’s parking requirements do not pose a significant or unique constraint to housing production. A revision to the Municipal Code is included in Program 3-1 (Zoning for A Variety of Housing Types) to implement the Government

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Packet Pg. 284 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 42 Code §65915 required parking maximums for all multifamily projects without need for a special request. This will further reduce the potential for parking requirements to pose a constraint on new housing development.

Table 20: City of Cotati Parking Requirements
Type of
Residential Use Required Parking Additional Comments
Accessory
Dwelling Unit
(ADU)/ Junior
ADU
1 space per unit On-site parking not required per Section

17.42.170.

Condominium
dwelling units
2 covered spaces within a
garage or carport for each
unit
Guest parking 1 space per four (4) units
Live/work units 2 spaces per unit
Individual
mobilehomes 2 spaces for each unit at least 1 within a garage or carport Mobilehome
parks
2 spaces for each
mobilehome
plus 1 additional space for each 4
mobilehomes shall be provided for guest
parking throughout the park
Multifamily
Residential
(MFR): Studio
units and onebedroom units
2 spaces per unit at least 1 within a garage or carport MFR: Two- and
three-bedroom
units
2 spaces per unit at least 1 within a garage or carport MFR: Fourbedroom units
and above
2 spaces per unit
or less as required by the review authority.

At least 1 space shall be within a garage or
carport
MFR: Guest
parking
1 space for each four (4)
units
Organizational
house 1 space for each bedroom
Residential Care
Home (RCH): Six
or fewer clients
2 covered spaces within a
garage or carport.

RCH: Seven or
more clients 1 space for each 2 beds 1 space for each 4 beds for guests and employees Residential
development
with density
bonus
1 space per studio to 1-
bedroom
2 spaces per 2-3 bedrooms

2.5 spaces per 4+ bedrooms

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Packet Pg. 285 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 43 Rooming or
boarding houses
1 covered or uncovered
space for each bedroom
Senior housing
projects
1 space for each two (2)
units, with half the spaces
covered
1 guest parking space for each 10 units.

Reduced parking may be provided
Single-family
dwellings
2 covered spaces within a
garage or carport
Source: City of Cotati Municipal Code Ch. 17.36, 2022
Growth Controls
Growth controls are typically established through urban growth boundaries (UGBs) which allow local governments to manage the urbanization of undeveloped land, and growth management ordinances (GMOs) which set a cap on the annual number of units produced. A phased approach to growth controls can effectively conserve open space while balancing housing needs. However, low allocations and excessive limitations can constrain development that prevents jurisdictions from producing their fair share of housing. Every incorporated jurisdiction in Sonoma County has enacted UGBs that are accompanied by countywide community separators for open space, but many GMOs have been invalidated by recent legislation.

Urban Growth Boundary (UGB)
The City adopted a UGB on November 1998 by a voter-approved measure further described in Policy LU 1.8 of the General Plan. A supermajority (69.5%) of residents voted in favor of Measure Q (2016) to extend the UGB for another 20 years.

The City’s General Plan established criteria to allow amendment of the UGB under a majority vote, as described below:
- No more than 10 acres of land shall be incorporated into the UGB to accommodate residential uses;
- Does not result in unconstitutional taking of private property; - Development of a public park, public school, public facility, public open space or other projects are necessary to promote public health, safety, and welfare; - Exempt projects with vested rights.

The City Council must make supportive findings that demonstrate the need for expanding the existing UGB.

Growth Management Ordinance (GMO)
Growth management provisions are codified in Chapter 17.52 of the City’s Municipal Code and describe allocation measures, procedures, and monitoring of unit allocations.

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Packet Pg. 286 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 44 Under Cotati’s existing growth management program, a maximum of one hundred (100) units are allocated annually, at least twenty-five (25) of which must be exclusively available for low and very low-income households and ten (10) of which are reserved for detached single-family dwellings on individual parcels. Units which were not allocated may be carried into the subsequent years where adequate water and sewer infrastructure capacities are available. The 100-unit annual allocation limit has never been reached in Cotati.

A growth management allocation is required for all non-exempt residential development prior to building permit issuance. Remodels, additions to existing residences, and ADUs/JADUs are exempt from allocation requirements. Additionally, any dwelling units provided in compliance with a Specific Plan may be exempted at the discretion of the City Council (CMC 17.52.020).

Unused allocations may be rolled over for up to three years, for a total of 300 units.

With a maximum of 1110 allowable units in the 6th Cycle, the growth management controls do not appear to pose a constraint and prevent the City from fulfilling its RHNA of 234 units. However, the provisions of SB 330 (2019) likely restrict use of the City’s existing growth management program because it was not voter-approved prior to 2005. Program 2-2 (Streamlining Housing Development) is included in this Housing Element to bring the City into compliance with current statute. The City does not actively administer or monitor its growth management program; as such, it does not serve as a constraint to development.

Specific Plans
Specific Plans contain place-based development standards and a policy framework that implements the goals and policies of the City’s General Plan per Gov. Code § 65450-65457. Specific plans allow for expedited review of development projects that are consistent with adopted Specific Plans. However, Specific Plans could also pose a constraint to housing production if the standards are too strict or require additional reviews that lengthen the permit approval process.

The City’s Specific Plan provisions are codified in Chapter 17.28 of the Cotati Municipal Code. Special plans in Cotati are listed below:
• Downtown Cotati Specific Plan: A 59.5-acre planned development with 450 maximum residential units, 418,000 sq. ft. of non-residential space, and designated open space at La Plaza Park. The plan contains five distinct districts: historic core (HC), La Plaza (LP), Northern Gateway (NG), Commerce Avenue (CA), and Parks (P). A variety of housing is encouraged including…courtyard housing (retail/commercial first floor and residential flats or townhouses above), duplex/ triplex/ quadplex, and rowhouses. The plan utilizes use standards (setbacks, parking requirements, maximum dwellings, max. non-residential sq. ft., max. bldg. height, FAR) that are unique to each district to regulate development intensity and spatial form of the urban fabric.

Maximum height limits average 35 feet, parking requirements range from 1.5-

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Packet Pg. 287 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 45 2 spaces per residential unit, and lots require a 10-20-foot rear yard setback to an alleyway with 0-foot front yard setback to enhance pedestrian-scale environments. The NG District allows a maximum height of 50 feet with step back features on upper floors to minimize massing while emphasizing mixed core development. This includes first floor commercial and primary residential uses above. The plan was adopted on August 26, 2009.
• Santero Way Specific Plan: A 22.45-acre area proposing 198 residential units, 230,000 sq. ft. of commercial space, and 9,000-20,000 sq. ft. of retail space.

There are nine (9) property owners for the varying land use districts: retail mixed-use, office mixed-use, public park and plaza, residential, and selfstorage overlay. The Specific Plan encourages a variety of housing types and describes each housing type’s development standards per land use district. For example, SFRs, duplexes, townhomes and live/work units are allowed a 0-feet contiguous lot-line side yard setback while meeting building codes to allow for increased density. The plan encourages courtyards that cluster residences among a shared open space concept that also allows for increased density. Cohousing is allowed under a conditional use permit. Additionally, 15% of units within each district must remain affordable per the City’s inclusionary housing ordinance. The plan was adopted and amended in August 2001.

Cotati’s Specific Plans aim to provide a variety of housing types in mixed use districts while maintaining a pedestrian-scale environment. The plans encourage walkability while planning for automobile-oriented development such as the CA district in the Downtown Specific Plan. While the Specific Plan development standards allow for increased density, parking requirements have the potential to reduce achievable densities. Program 2-2 (Streamlining Housing Development) is proposed to address this potential constraint.

Streamlined & By-Right Development Applications
Pursuant to Government Code § 65913.4, the City of Cotati processes affordable housing projects through the Affordable Housing SB 35 Project Supplemental Application, which is submitted concurrently with the Master Plan Project Application.

This application process allows any proposed housing projects that provide on-site affordable units for households making less than 80% AMI to be eligible for permit streamlining, given that the project meets certain criteria. The streamline approval process allows ministerial review and omits CEQA analysis requirement along with CUPs or other discretionary entitlements. The criteria include:
• Consultation with Native American tribes by submitting a notice of intent; • Stated number and type of units of at least two residential units or more and minimum and maximum density ranges, including any applicable density bonus;
• Affordability of units to be incorporated utilizing City’s Municipal Code provision of a) at least 10% total units for households making less than 80% AMI if more

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Packet Pg. 288 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 46 than 10 units proposed, or b) at least 20% total units for households making less than 120% AMI, and should be deed restricted to maintain affordability period;
• Conforms with General Plan and zoning districts as an allowable use; • Perimeter of the site is surrounded by at least 75% urban development including, but not limited to, residential, commercial, public institutional, transit corridor or transportation passenger facility, or retail use; • Not located on farmland, wetlands, fire severity areas, hazard waste sites, delineated earthquake fault zones, FEMA-designated floodway or flood hazard area, conservation lands, protected species habitat areas, and demolition of historic structures or existing residential uses;
• Not involving subdivisions unless under provisions of the Subdivision Map Act.

If the project complies with existing zoning and objective design standards, the property owner may volunteer to streamline their project through the SB 35 permit approval process upon provision of 50% affordable units. Program 2-2 (Streamlining Housing Development) establishes a clear process for developers wishing to utilize streamlining provisions in accordance with the City’s zoning.

Housing for People with Disabilities
Persons with special needs, such as the elderly and those with disabilities, must have access to housing. Community care facilities provide a supportive housing environment to persons with special needs in a group environment. The City allows these facilities in the following zones:
• Residential Care Home: Residence for up to six persons allowed within existing structures in all residential zones with no administrative review. New construction requires the same administrative permit as a single-family residence.
• Residential Care: Residential facility for elderly/disabled persons with meals, housekeeping and activities for seven or more clients allowed in RR, RVL, NL, NM, NU, CE and PF with a CUP. Areas with appropriate access to amenities and services are the most suitable for residential community care facilities. Most of these areas are located within allowed zones. These facilities require a CUP as allowed by law to ensure land use compatibility and protect public health and safety. Under Program 3-1, the City will allow Residential Care Facilities for 7- 10 clients as a permitted use in residential zones, subject only to clear, transparent, objective standards.
• Residential Care Facility for the Elderly: Convalescent homes for elderly, disabled, and ailing persons allowed in CG with an MUP; in CE, PF, RR, RVL, NL, NM and NU with a CUP.

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Packet Pg. 289 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 47 Building Codes and Enforcement
Americans with Disabilities Act (ADA) provisions include requirements for a minimum percentage of units in new multi-family developments to be fully accessible to the physically disabled and another percentage to be “adaptable” to being accessible to the physically disabled. Development of fully accessible and/or adaptable units may also increase the overall project costs. Enforcement of ADA requirements is not at the discretion of the City but is mandated under federal law. The provisions of the ADA applicable to residential uses would apply only to multi-family developments and any residential components of a live-work project in a Commercial Zone.

Compliance with building codes and the ADA may increase the cost of housing production. However, these regulations provide minimum standards that must be followed to ensure the development of safe and accessible housing. Therefore, the local enforcement of these codes does not significantly constrain the development of housing.

Reasonable Accommodation
Under the ADA, cities must reasonably modify policies when necessary to avoid discrimination because of disability, unless they can show that the modifications “would fundamentally alter the nature of the service, program or activity.” (28 Code of Federal Regulations 35.130(b)(7).) In general, the law states that local agencies retain their ability to regulate land uses and to apply neutral, non-discriminatory regulations, but are required to make accommodations to allow persons with disabilities an equal opportunity to use and enjoy housing in the community.

The City of Cotati adopted its reasonable accommodation ordinance in Section 17.68, Reasonable Accommodations for Persons with Disabilities, of the City of Cotati Municipal Code. The Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act implement part of the City’s General Plan Housing Element and provides a procedure for individuals with disabilities to request reasonable accommodation. The Reasonable Accommodation Ordinance states that that an individual(s) with disabilities have an equal opportunity to use and enjoy housing by allowing accommodation(s) with respect to certain City regulations, policies, procedures, and standards. The ordinance is enforced, if said accommodation(s) are both reasonable and necessary to provide such equal opportunity without compromising the City commitment to protecting community character and environmental quality. The City does provide reasonable accommodation for various scenarios, including but not limited to allowances for a wheelchair ramp in a required setback; an increase in building height to permit an elevator installation; or providing an applicant with additional time to submit material, if deemed reasonable under the Acts.

Requests for reasonable accommodation are subject to an administrative permit and are approved within 30 days. There is no fee to request reasonable accommodation.

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Packet Pg. 290 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 48 Upon review of an application, the Director of Community Development will grant the request based on the following findings:
• That the requested accommodation is intended to be used by an individual with a disability who resides or will reside on the property; • That the requested accommodation is necessary to afford an individual with a disability equal opportunity to use and enjoy a residential use; • The requested accommodation will not impose an undue financial or administrative burden on the City; and
• That the requested accommodation will not require a fundamental alteration in the nature of the land use and zoning.

The reasonable accommodations process is free, ministerial, and fast. It does not pose a constraint.

Development and Permitting Fees
Various permitting fees for housing development, as shown in Table 21, are charged by the agencies within the City of Cotati to cover the cost of processing, evaluating, and ensuring compliance. Per Government Code § 66020, the City is legally required to set permit and development fees in amounts that do not exceed and are equal to the cost of providing services associated with these fees. These fees are established at the time of imposition or project approval. The City’s fee schedule notes that some permit application fees are charged on a fixed fee basis, and some charged as a deposit based on the over-all costs incurred during the permit process, which is further discussed in the Local Processing and Permit Procedures section below.

Permit fees will vary based on the project’s scope of work, location, and discretionary fees required to entitle the project. Planning and engineering fees may vary significantly per project and thus are charged on a full-cost recovery basis after an initial deposit while most building permit fees will remain relatively similar. Other discretionary fees such as in-lieu costs for affordable housing or parking, affordable rental housing linkage, traffic impact, and development impact. After-the-fact permitting fees are two times the building permit fee. Permit types that are not listed usually incur an hourly cost of staff time.

Table 22 compares selected permitting fees from Cotati with jurisdictions of similar populations within Sonoma County. While there is significant variation between different types of permits in different jurisdictions, the fees required by the City of Cotati are generally within the range of fees required by comparable jurisdictions and therefore are not likely to pose a unique or significant constraint to housing development. Fees increase annually based on the San Francisco Bay Area Construction Cost Index, or similar consumer price index to account for inflation and are typical across other jurisdictions.

Table 21: City of Cotati Permitting Fees
Item/Permit Type Fee

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Packet Pg. 291 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 49 Administrative Permit $ 183 hourly
Annexation $ 7,684 initial deposit
Appeals $ 500
Conditional Use Permit
Design Review
Administrative
Preliminary
Final
$ 1,993
$ 6,000 initial deposit
$ 2,184 initial deposit
Development Agreement
Environmental Review
CEQA exemption
Initial Study/ Mitigated Negative Declaration /
Negative Declaration
Initial Study/ Environmental Impact Report
$ 183 hourly
$ 7,333 initial deposit to City staff + actual
consultant costs and fees
$ 7,333 initial deposit to City staff + actual
consultant costs and fees
General Plan Amendment $ 16,070 initial deposit
Hillside Development Permits $ 2,184 initial deposit
Limited Term Permits $ 1,000 initial deposit
Pre-Application Reviews
Single-family homes (owner occupied)
Formal conceptual plan review or preliminary
(with written comments)
Determined by staff – actual cost
$ 2,406
Subdivisions
Parcel Map
Tentative Subdivision Map
$ 8,737 initial deposit
$ 16,070 initial deposit
Time Extension $ 4,583 initial deposit
Tree Removal
Initial five (5) trees
≥ 6 trees
City Staff Review
$ 50 each
$ 92 each
$ 733
Use Permit
Minor Use
Modification to previously approved Use
Permit
Major Use Permit
$ 1,818
$ 3,284
$ 4,396
Variance
Minor
Major
$ 1,467
$ 3,667 initial deposit
Zoning Code/ Zoning Map/ PUD Amendment $ 11,000 initial deposit Plan Check of Building Plans/ Permits $ 183 hourly
Source: City of Cotati Master Fee Schedule, September 2022

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Packet Pg. 292 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 50 Table 22: Permitting Fees in Cotati and Comparable Local Jurisdictions City Administrative
Permit
Conditional Use
Permit
Residential Design
Review
Development
Agreement
Cotati $350 (inspection of
modification of
service)
$1,818-$4,369 $183-$6,000 Actual Cost
Sebastopol $454 $1,500 – $3,000 $347 – $4,000 $15,000
Cloverdale $630 $3,070 $4,430 $5,910
Rohnert
Park
$803 $ 2,731 $1,638 residential
remodel
$2,731 new
residence
Actual cost of time
& materials
charged against
an Initial Deposit
as determined by
staff
Source(s): Cotati Master Fee Schedule, 2022; City of Rohnert Park Development Services – Planning Schedule of Fees and Charges, 2022; Cloverdale Master Fee Schedule, 2022; Sebastopol Master Fee Schedule, 2020.

Local Processing and Permit Procedures
Clear regulatory frameworks and straight-forward procedures for obtaining planning and building permits provide developers with consistency and realistic expectations that can significantly decrease expenses incurred during development that may otherwise delay project construction. Projects that must go through unclear and multi-layered permitting authorities can incur increasing project development costs, which ultimately is reflected in the amount of viably affordable units. Administrative processing of planning and building permits allows jurisdictions to apply the local municipal code and zoning ordinances that organize varying land uses within City boundaries.

Table 23: Timelines for Permit Procedures and Decision-Making Authority Type of Approval or Permit Typical Processing
Time
Approval Authority Appeal Authority
Conditional Use Permit 3-6 months Planning Commission City Council Development Agreement 4-6 months City Council -
Design Review 3-8 months Planning Commission City Council Variance 3-8 months Planning Commission City Council
Zoning Clearance 10 days CD Director Planning
Commission
Major Subdivision 8-12 months City Council -
Source: Cotati Community Development Department Staff September, 2022

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Packet Pg. 293 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 51 Historic Preservation
The State of California recognizes the historical significance or potential significance of two resources in Cotati: the Cotati Downtown Plaza and the Cotati Women’s Improvement Club, both of which are located within the DSP area. There has been no systematic historic architectural survey of Cotati; however, 24 parcels, most situated on the Plaza, were listed in the 1991 La Plaza Specific Plan and Environmental Impact Report as containing possible historic buildings. Separate from CEQA, the City does not have a historic review process, or any designated historic districts.

4.4.3 En vironm ental an d In frastructure Con strain ts Environmental Constraints
Housing development and sites considerations necessitate an evaluation of environmental constraints, and an understanding of the cost and feasibility of potential mitigations. Early identification and assessment of potential environmental impacts, usually conducted during the land acquisition and site design stage, limit the waste of time and financial resources for development projects. Multiple Federal and state laws, including the California Environmental Protection Act, the Federal Clean Water Act, the Federal Endangered Species Act, and the California Endangered Species Act, require developers and local governments to identify and address impacts on special-status species and protected habitats.

Government Code § 65302.1 requires local governments to adopt policies and programs for protecting the community from wildfire, flooding, seismic, geologic, and human-caused hazards in the Safety Element of the General Plan. Some of the policies addressed in Cotati’s General Plan in relevance to mitigating hazard risks applicable to future development include, but are not limited to:
• Policy SA 2.1: Require new land development proposals to avoid unreasonable exposure to geologic hazards, including Earthquake damage, subsidence, liquefaction, and expansive soils.
• Policy SA 2.2: Ensure that all development and construction proposals are reviewed by the City to ensure conformance with applicable building standards. • Policy SA 2.4: Development in areas subject to liquefaction, such as along East and West Cotati Avenues and Gravenstein Highway shall be reviewed by qualified soils engineers and geologists prior to development in order to ensure the safety and stability of all construction.
• Policy SA 2.5: Ensure that development on slopes over 10% grade complies with special building and grading restrictions
• Policy SA 2.6: Development and grading on slopes greater than 15% shall be prohibited

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Packet Pg. 294 Attachment: Cotati Public Review Draft Technical Background Report (09-26-2022) (Draft Housing Element Public Review Period) 52 • Policy SA 2.11: Prior to the development of any new structures and any addition greater than 500 square feet in areas of moderate to high potential for expansive soils, a site-specific soil study shall be prepared.

Flooding, earthquakes, wildfire, and landslides are primary hazards that have the potential to affect future development in Cotati. The Downtown Specific Plan (DSP) Area, and the Santero Way Specific Plan Area, designated by the Association of Bay Area Governments (ABAG) as Priority Development Areas or Production Areas, are targeted for major redevelopments in the next five years. The DSP area is the only area that experienced localized flood hazards in the past. Between 2015 to 2019, permits for new construction have been issued to 59 single-family and 18 mixed-use, commercial development projects.

Cotati City CouncilOctober 11, 2022

Cotati City Council
October 11, 2022