ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI AMENDING SECTION 17.22.020 (ALLOWABLE LAND USES) AND CHAPTER 17.84 (APPEALS)
OF THE COTATI MUNICIPAL CODE TO REMOVE THE USE PERMIT
REQUIREMENT FOR PROPOSED MULTIFAMILY PROJECTS LOCATED IN NM (NEIGHBORHOOD, MEDIUM DENSITY) AND NU (NEIGHBORHOOD, URBAN)
RESIDENTIAL ZONING DISTRICTS AND REVISE THE ADMINISTRATIVE
PROCEDURES FOR APPEALS BY THE CITY COUNCIL
WHEREAS, the availability and affordability of housing is a substantial concern for individuals of all demographics, ages, and economic backgrounds in communities throughout California; and
WHEREAS, over the last several years the State of California has adopted numerous legislative bills intended to increase the supply of housing in California, including the Building Jobs and Homes Act (SB 2, 2017) which supported development of this ordinance through its SB 2 Planning Grants program; and
WHEREAS, on March 24, 2015, the City Council adopted the updated Cotati General Plan, and on May 19, 2015, the City Council adopted the Housing Element, which sets forth policies and programs intended to remove constraints and promote the development of additional affordable housing in Cotati; and
WHEREAS, adoption of changes to the Land Use Code are necessary to implement the objectives of the General Plan and Housing Element; and WHEREAS, on March 7, 2022, the Planning Commission held a duly noticed public hearing to consider a package of Land Use Code amendments to streamline the review of multifamily housing projects and remove barriers to multifamily housing development, including the proposed Land Use Code amendments that would remove the use permit requirement for multifamily housing in the NM (Neighborhood, Medium Density) and NU (Neighborhood, Urban) zoning districts, and recommended City Council approval of the proposed zoning changes; and WHEREAS, on April 26, 2022, the City Council held a duly noticed public hearing to consider a package of Land Use Code amendments to streamline the review of multifamily housing projects and remove barriers to multifamily housing development, during which the City Council decided to approve some of the proposed amendments, but chose not to remove the use permit requirement for multifamily housing in the NM and NU zoning districts; and WHEREAS, on May 24, 2022, at a regularly scheduled City Council meeting, the council held a discussion on a potential ordinance to amend the process for City Council appeals of director and Planning Commission decisions, and directed staff to develop such an ordinance for consideration by the council. The council further directed staff to bring back for consideration the proposal to remove the use permit requirement for multifamily housing developments in the NM and NU zoning districts; and
WHEREAS, on November 21, 2022, the Planning Commission held a duly noticed public hearing to consider the proposed Land Use Code amendments and recommended that the City Council approve the implementing ordinance; and
WHEREAS, on November 22, 2022, the City Council held a duly noticed public hearing to consider the proposed Land Use Code amendments at which time all interested persons were given an opportunity to be heard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals Made Findings.
The above recitals are true and constitute a part of the findings made by the City Council in adopting this ordinance.
SECTION 2. Record.
The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the General Plan and its Housing Element adopted by the City Council in 2015, 2) the Final Environmental Impact Report (FEIR) certified for the General Plan, and 3) all staff reports, city files, records, and other documents prepared for and/or submitted to the City Council related to the adoption of the zoning amendments.
SECTION 3. Compliance with the California Environmental Quality Act (CEQA).
The City Council of the City of Cotati does hereby find that the ordinance to amend the Land Use Code to remove the use permit requirement for proposed multifamily projects located in NM (Neighborhood, Medium Density) and NU (Neighborhood, Urban) zoning districts fulfills certain policies and objectives identified in the 2015 General Plan and Housing Element, and is consistent with the Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update (certified on March 24, 2015 (Resolution No. 2015-11)); therefore, pursuant to Section 15168 of the CEQA Guidelines, no further environmental review is required. The City Council further finds that the amendments to the administrative procedures for City Council appeals is not a project that could result in either a direct or indirect physical change in the environment and is not subject to CEQA.
SECTION 4. Amendments to the Cotati Municipal Code.
The amendments to Section 17.22.020 (Allowable Land Uses) - Table 2-2 “Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones” and Chapter 17.84 (Appeals) of the Cotati Municipal Code, attached to and made a part of this ordinance as Exhibits 1 and 2 (strikethrough = deletion; underline = addition), are hereby adopted.
SECTION 5. Severability.
The provisions of this ordinance are severable and if any provision, clause, sentence, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances.
SECTION 6. Effective Date.
This ordinance shall be in full force and effect thirty (30) days after its final passage.
SECTION 7. Publication or Posting.
The City Clerk of the City of Cotati shall cause this ordinance to be published or posted as required in Section 36933 of the Government Code of the State of California.
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk