Cotati City Council
Agenda Staff Report
Item type: STUDY SESSION
To: City Council
Subject: Downtown Specific Plan Update Public Engagement Workshop Date: January 17, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council and Planning Commission review the provided materials, allow public comment and input, and provide comments, concerns, and direction on the proposed DSP Update project.
I. Description of Request and Proposal
The Cotati Downtown Specific Plan (DSP) Amendments project proposes minor changes to the DSP and Cotati Zoning Ordinance that clarify and provide technical guidance for development projects to be consistent with the City’s vision for downtown, in light of the numerous changes to State housing law. These Plan Amendments serve to strike a balance between consistency with recent changes in State planning and housing law and reaffirming the DSP direction to foster development of a vibrant, pedestrian oriented mix of retail businesses, housing for all economic segments of the community, and recreation amenities while preserving Cotati’s historic character (Downtown Plan, page 1:14).
At the direction of the City Council, the focus of this project is to prepare amendments that would update and clarify the DSP land use regulations to ensure the City is consistent with state housing laws and maintains the City’s vision for downtown as expressed in the adopted DSP. The Plan Amendments will serve to refine DSP and Zoning Code permit requirements, applicable development standards, and to create a refined design review process for housing projects, as required under recent State legislation.
This presentation and discussion is intended to introduce the project to the community and to gather public input on the proposed scope and details of the proposal. After this presentation, provided comments and direction will be incorporated to further refine the DSP Update project which will then be brought back before the Planning Commission and City Council for review and action at two duly noticed public hearings.
II. Background and Previous Actions
The City of Cotati Downtown Specific Plan was adopted August 26, 2009, after years of public engagement and input on proposed changes to the downtown land use regulations.
This plan sought to counter the traditional "sprawl" development pattern by intensifying and combining land uses within the core of the City. While maintaining the City's small- town character has always been a strong value governing development, significant concessions were made to allow much more intensive development and a variety of architectural styles in the downtown area. These concessions were intended to support the development of new commercial and mixed-use neighborhoods in a variety of building styles and sizes, served by a well-connected, multimodal downtown street network and multiple public spaces. The DSP maintains compatibility with the surrounding neighborhoods by dividing the downtown into four separate districts and creating specific development regulations for each. In many instances, these regulations are "form based" providing more direction on the appearance and presentation of the buildings than the type, level and intensity of their future uses.
However, significant changes in state housing regulations now allow pure residential development in areas zoned and designated for commercial (and even industrial land uses), often at densities above the levels anticipated in local land use plans. These changes also allow multiple "incentives and concessions" to be requested in exchange for providing specific amounts of affordable housing, calculated as a percentage of the total allowable units. The combination of the "form based" nature of the DSP land use regulations and the formulaic approach to new housing density allowances under recent state legislation has created multiple challenges for implementation of these development policies. The proposed DSP amendments are intended to clarify adopted policy where necessary, to allow clear application of both the state and local regulations.
III. Design/Land Use Considerations and Issues
The draft conceptual changes proposed by the DSP Update project are intended to both clarify the applicable regulations for residential development in the DSP and to create residential specific zoning development criteria in the Cotati Municipal Code (CMC). This is proposed to be accomplished by calculating and assigning acreage-based density for the DSP (which currently is identified on a “district’ basis) and to eliminate the Floor Area Ratio currently identified in the DSP (which is somewhat confusing and redundant given the form based and lot coverage development criteria). This workshop is intended to gather public and decision maker input on these proposals, as well as to identify other changes necessary to address changes to State housing regulations and continue to implement the community vision for the DSP.
To further support the public’s understanding of the proposed project, and their ability to provide input, City staff created a short informational video to explain the project and an electronic survey to facilitate input. Below are links to both of these electronic resources.
DSP Update Project Description Video Link:
<https://bit.ly/CotatiDSP>
DSP Update Project Public Input Survey Links: English-
<https://www.surveymonkey.com/r/CotatiDSP> Spanish-
<https://www.surveymonkey.com/r/CotatiDSP-ES>
IV. Planning Considerations and Issues
Downtown Specific Plan
The City’s Downtown Specific Plan (DSP) provides the development regulations for the entire 60-acre downtown area, stretching from Henry Street on the southern end of downtown, to the Laguna De Santa Rosa at the northern City boundary (shared with Rohnert Park). The goals of the plan include providing additional public space and multimodal street circulation throughout the downtown; ensuring mixed-use is the primary development type downtown; providing a variety of building types, shapes and sizes to ensure architectural interest; and ensuring a mix of retail and housing types served by adequate parking. The policy direction for these goals is provided by separating the downtown into four distinct districts (Historic Core, La Plaza Park, Northern Gateway and Commerce Avenue) and tailoring the development criteria to each of these areas in the plan.
The DSP development plan is summarized in the graphic below and the entire DSP document and environmental analysis can be accessed on the City website at:
<https://www.cotaticity.org/221/Downtown-Specific-Plan>
State Housing Legislation
Over the last decade, the California Legislature has passed an increasingly complex portfolio of housing laws in a statewide response to a shortage of housing affecting persons at all economic levels. With more than 40 housing bills adopted since 2017 primarily intend to overcome the lack of affordable housing in the state, the City of Cotati is subject to provisions of California state law that has changed since the last Downtown Specific Plan was adopted in 2009. In addition, the City is currently in the final steps of the process of updating the Housing Element and any proposed modifications to the DSP and properties included within must maintain consistency with the policies and programs in the draft Housing Element. A summary of this recent legislation affecting preparation of the DSP includes the following:
§ SB 35 (2017) requires ministerial approval of housing and mixed-use development in jurisdictions not meeting their regional housing needs goals. The City of Cotati is currently subject to SB 35 provisions for projects with at least 50% affordable housing, and the determination is reissued each year at the end of June. § AB 2162 (2018) requires that supportive housing be a use that is permitted by right in zones where multifamily and mixed-use development is permitted. § AB 101 (2021) requires a Low Barrier Navigation Center (LBNC) be a use that is permitted by right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses.
Additionally, legislation affecting implementation of the DSP includes the following:
§ AB 2011 & SB 6 (2022) require non-discretionary, staff-level (ministerial) approval of 100% residential and mixed-use housing projects in existing commercial zones that allow office, retail, or parking as a permitted use along commercial corridors and within ½ mile of transit when certain labor and affordability requirements are met. AB 2011 & SB 6 provide two avenues for developers; AB 2011 requires higher amounts of affordable housing, and SB 6 requires higher standards for use of skilled and trained labor. These two concurrently adopted bills go into effect on July 1, 2023. § AB 1551 (2022) added Section 65915.7 to the Government Code which requires a city to grant a concession to a commercial developer who is also including affordable housing within a project located within ½ mile of a major transit stop. The concession may include, but is not limited to, a 20% increase in density; a 20% increase in floor area; a 20% increase in height; a 20% reduction in minimum parking; a limited use elevator; and or an exception to a zoning or land use regulation. AB 1551 goes into effect January 1, 2023.
§ AB 2244 (2022) allows affordable housing development located on a religious property up to a 50% reduction of required religious-use parking spaces, as of January 1, 2023. § SB 330 (2019) extensively amended the HAA to prohibit downzoning and other intended or unintended efforts to preclude the development of housing through 2030 (as amended by SB 8, 2021).
V. Environmental Review
This is an informational workshop, and no decisions or determinations under the California Environmental Quality Act are being made. However, the limited scope of the DSP Amendments is anticipated to result in a determination that the proposed changes fall within the scope of the environmental review in the Environmental Impact Report (EIR) for the 2009 Cotati DSP. This will allow an Addendum to the EIR as the appropriate environmental document to be prepared consistent with the California Environmental Quality Act (CEQA) Guidelines sections 15162, 15163 and 15164. If deemed appropriate, this Addendum will document the minor changes and additions necessary to ensure the previously certified EIR adequately analyzes the project impacts and affirm that none of the conditions described in CEQA Guidelines section 15162 calling for preparation of a subsequent EIR or an EIR supplement, are present or have occurred.
VI. Summary and Staff Recommendation
It is recommended by the Community Development Department that the City Council and Planning Commission review the proposed draft conceptual amendments to the DSP, provide direction on these changes and any future zoning criteria to created, and allow the community to review and provide their input on the concepts and requirements contemplated by the Downtown Specific Plan Update project.
Attachments: 1. Project Description - DSP Update BMc-NJH 12-20-22 (DOCX) Table of DSP Edits 11.30.22 v.2-NJH Input (DOCX)