AGENDA
JOINT MEETING OF THE COTATI CITY COUNCIL AND PLANNING
COMMISSION
City Council Chamber, City Hall 201 W. Sierra Avenue
Monday March 6, 2023
7:00 PM SPECIAL JOINT 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.
Cotati City Council Meetings will be conducted in person in the Council Chamber, and, as a courtesy, participate virtually through Zoom Online video conferencing, and will 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 clicking the link below:
https://us02web.zoom.us/j/82095625448?pwd=RVhwRXBXTEVKMk9PRGxWNVJWQjhqQT09 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:
Webinar ID: 820 9562 5448
Passcode: 301732
+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. ###
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 March 6, 2023
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.” Rules of Decorum: To avoid distraction, the following meeting etiquette shall be enforced. • Silence electronic devices, including cell phones.
• Audience members are advised to keep conversations to a minimum of conduct them outside the building. • Photographs or video recordings using tri-pods or other means that would be distracting are to be taken only from the designated media area.
• The Presiding Officer shall request that the audience withhold expressions of support or opposition for speakers in the interest of time and to encourage the full expression of differing views. (City Council Policy 2021-01 III.B.1.)
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.
Those wishing to address the Council are asked to complete a speaker card and give it to the Deputy City Clerk. When you are called, step to the podium and state your name and address for the record. 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
A. Members of the public can participate in the meeting at City Hall, 201 W Sierra Ave, or online by pasting the following link into your web browser:
https://us02web.zoom.us/j/82095625448?pwd=RVhwRXBXTEVKMk9PRGxWNVJ WQjhqQT09
2. PUBLIC COMMENT
Pursuant to California Government Code section 54954.3(a), members of the public wishing to address the Council/Board may do so at the beginning of the special meeting, and such comments shall be limited to the special meeting topic(s).
3. STUDY SESSION
Cotati City Council Agenda March 6, 2023
A. 2023 HOUSING ELEMENT UPDATE AND THE ASSOCIATED GENERAL
PLAN ENVIRONMENTAL IMPACT REPORT (EIR) ADDENDUM
It is recommended that the Planning Commission continue this item to March 20, 2023.
B. LAND USE 101 PRESENTATION FOR THE COMMUNITY, PLANNING
COMMISSION AND CITY COUNCIL
4. ADJOURNMENT
Certification of Posting of the Notice: I declare under penalty of perjury that I am employed by the City of Cotati and that I posted this notice on the bulletin boards of City Hall, Veterans’ Memorial Building and the SMART Train Station on or before Friday March 3, 2023.
/s/ Kevin Patterson, Deputy City Clerk
Cotati City Council
Agenda Staff Report
Item type:
To: Planning Commission
Subject: 2023 Housing Element Update and the associated General Plan Environmental Impact Report (EIR) Addendum
Date: March 06, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the Planning Commission continue this item to March 20, 2023.
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Cotati City Council
Agenda Staff Report
Item type: STUDY SESSION
To: City Council and Planning Commission
Subject: Land Use 101 Presentation for the community, Planning Commission and City Council
Date: March 06, 2023
Written by: Noah Housh, Director of Community Development Recommendation
Attachments:
Land Use 101-March 2023 (PPTX)
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City of Cotati
Community Development Department
March 6, 2023
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Attachment: Land Use 101-March 2023 (Land Use 101)
AGENDA-Land Use 101
§ Police Power
§ Roles of the City Council & Planning Commission
§ General Plans
§ Specific Plans
§ Zoning Regulations
§ Subdivisions
§ CEQA
§ Vested Rights/Development Agreements
§ Findings
§ Takings
§ Exactions
§ Public Rights
§ Housing
§ Questions?
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Attachment: Land Use 101-March 2023 (Land Use 101)
Land Use Authority: Police Power
— The legal basis for land use
regulation is the police power
to protect the public health,
safety and general welfare.
— CA Constitution article XI, 7
sets forth the police power in
California.
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Attachment: Land Use 101-March 2023 (Land Use 101)
State Laws:
— Planning Commissions (GC 65100).
— General/specific plans (GC 65300).
— Zoning regulations (65800).
— Subdivisions (66410).
— Development agreements (65864).
— CEQA (PRC 21000).
— Brown Act (GC 54950).
— Permit Streamlining (GC 65920).
— Mitigation Fee Act (GC 66000).
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Attachment: Land Use 101-March 2023 (Land Use 101)
Roles of the Planning
Commission/Council
— Cotati=General Law City
— City Council/City Manager Form of Government
— City Council appoints Commission
— Commission subordinate to Council
— Council gives broad policy direction
— City Manager directs day-to-day operations,
employees
— Commission cannot direct staff w/o Council
direction
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Attachment: Land Use 101-March 2023 (Land Use 101)
Roles of the Planning
Commission/Council
— Commission & Council will hold noticed public
hearings on land use approvals.
— Must consider all of the evidence and testimony
presented at the public hearing prior to making a
decision.
— Public hearing process flow: open the hearing, staff
report, questions of staff, applicant presentation,
acknowledgment of written testimony, public
testimony, staff clarification/applicant response, close the hearing, Commission/Council deliberation-Action
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Attachment: Land Use 101-March 2023 (Land Use 101)
General Plans
— GC 65300
— “Constitution” for all development.
—Comprehensive, long-term plan for
development of city and land outside.
-Sphere of Influence
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Attachment: Land Use 101-March 2023 (Land Use 101)
Sphere of Influence
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Attachment: Land Use 101-March 2023 (Land Use 101)
General Plans — Seven mandatory elements: — Land use. — Circulation. — Housing. — Conservation. — Open space. — Noise. — Safety. *2018-Environmental Justice
requirement for Disadvantaged
Communities (GC 65302(h))
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Attachment: Land Use 101-March 2023 (Land Use 101)
General Plans
§ Comprehensive and long term.
§ Integrated, internally consistent.
§ All seven required elements.
§ Meet specified criteria, e.g. land use and
circulation correlated.
§ Presumed valid.
§ If invalid, jeopardizes decisions.
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Attachment: Land Use 101-March 2023 (Land Use 101)
General Plans
— Land use decisions must be consistent with General Plan. — Vertical & horizontal consistency.
— “Consistency”:
-Horizontal-Among Elements, within Elements, Policy and Graphics
-Vertical-Other plans, ordinances and policies
- Requires decisions to be “in agreement or harmony”, not with every policy.
- Must “further/not obstruct” plan objectives-Big Picture! — Deference from courts
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Attachment: Land Use 101-March 2023 (Land Use 101)
Specific Plans
— Just below General Plans.
— Implement General Plans in particular areas.
— Zoning & land use decisions must be consistent with
Specific Plans.
— Cotati has 2 Specific Plans
— Downtown Specific Plan-2009
— Santero Way Specific Plan-2001
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Attachment: Land Use 101-March 2023 (Land Use 101)
Zoning: Regulations
— Divides cities into
districts.
— Applies regulations to
each district.
— Courts presume valid;
“hands off”.
— “Reasonably” related to
public welfare.
— Must be consistent with
GP.
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Attachment: Land Use 101-March 2023 (Land Use 101)
Zoning: Regulations
— Enactment
— Re-Zoning Process-Ordinance
-Reclassification (“Map Amendment”) of property from
one district to another.
-“Text amendments” changing permitted uses and
regulations
https://www.cotaticity.org/DocumentCenter/View/252/
Zoning-Map-PDF
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Attachment: Land Use 101-March 2023 (Land Use 101)
Initiative and Referendum
— The people may approve or deny legislative land use
actions (General Plan and Specific Plan adoption or
amendment, Zoning text amendments &
reclassifications) through the initiative and
referendum process.
— California Constitution Art. II, Sec. 8 – 11.
— Initiatives and referenda cannot be inconsistent with the General Plan.
— CEQA does not apply to projects that are approved
through voter initiative.
— But: Council sponsored measures!!
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Attachment: Land Use 101-March 2023 (Land Use 101)
Zoning: Administrative Relief
—Allows for relief from strict application of
zoning regulations.
— Use permits (“CUP”).
—Variances.
—Must be consistent w/GP.
—Considered “quasi-judicial”.
—Run with land.
—May not be made non-transferable.
— Property right.
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Attachment: Land Use 101-March 2023 (Land Use 101)
Zoning Relief: Fair Hearing
Requirement
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Attachment: Land Use 101-March 2023 (Land Use 101)
Subdivisions
— Subdivision Map Act: 66410 et seq.
— Grants power to regulate design and improvement of
subdivisions.
— Requires local ordinance-CMC Title 17.7.
— Sets requirements for processing.
— City can act where SMA silent.
— Cannot act contrary to SMA.
— Must be consistent w/GP.
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Attachment: Land Use 101-March 2023 (Land Use 101)
Subdivisions
— Subdivision:
— “Division … of improved or unimproved land … for
purpose of sale, lease or financing….”
— Types of maps:
-Tentative Map for five or more parcels.
-Parcel Map for four parcels or less.
Staff Level Actions
— Lot Line Adjustments
— Lot Mergers
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Attachment: Land Use 101-March 2023 (Land Use 101)
— California Environmental
Quality Act (1970)
— California's broadest
environmental law
— Helps to guide the City
during issuance of permits
and approval of projects
— Applies to all discretionary
projects proposed to be
conducted or approved by
the City
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Attachment: Land Use 101-March 2023 (Land Use 101)
CEQA-Purpose
— Transparency - Disclose to the public and decision makers — the significant environmental effects of a proposed project — Initial Study (IS), Negative Declaration (ND), or Environmental Impact Report (EIR)
— the decision-making process utilized to approve discretionary projects — findings and statements of overriding consideration
— Prevent or minimize damage to the environment
— project alternatives, mitigation measures, and mitigation monitoring — Enhance public participation in the environmental review process — scoping meetings, public notice, public review, hearings, and the judicial process
— Improve interagency coordination through early consultations, scoping meetings, notices of preparation, and State Clearinghouse review
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Attachment: Land Use 101-March 2023 (Land Use 101)
CEQA-The Law
— California Public Resources Code Sections 21000-21189 — CEQA Guidelines
— California Code of Regulations, Title 14, Division 6, Ch. 3, Sections 1500-15387
— administrative regulations that govern implementation of CEQA — reflect the requirements of the Public Resources Code — includes court decisions on interpretation & implementation of CEQA
— practical planning considerations
— Court decisions
— Federal, State and City regulations, plans and adopted policies
— thresholds of significance
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Attachment: Land Use 101-March 2023 (Land Use 101)
CEQA-Where it applies
— Applies to government actions (“projects”) - State, local public agency involvement in an activity with the potential to physically change the environment
— Activity directly undertaken by a public agency; or
— Activity financed (in whole or in part) by a public agency; or — Private activity that requires discretionary approval from a government agency
— Discretion is based on City Ordinance - DR vs. UP
— “Project” is the “whole of an action;” not each individual permit or approval-No Segmenting
— Potential for physical effect on environment (direct or reasonably foreseeable indirect physical change)
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Attachment: Land Use 101-March 2023 (Land Use 101)
CEQA-Where does it not apply?
— Ministerial decisions (e.g. building permits)
— Project denials
— Continuing administrative activities (ex. purchase
supplies, personnel-related, general policy and
procedure making)
— Preliminary actions (i.e. funding or fiscal) that don’t commit to any specific project and preserves ability to impose mitigation measures or adopt project
alternatives.
— Decisions with no possibility of direct or indirect
physical change to the environment
— Proposals for legislation to be enacted by State
Legislature
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Attachment: Land Use 101-March 2023 (Land Use 101)
CEQA-Environmental Areas
— Aesthetics
— Agriculture & forestry
resources
— Air Quality
— Biological resources
— Cultural resources
— Energy
— Geology & soils
— Greenhouse gas emissions
— Hazards & hazardous
materials
— Hydrology and Water
Quality
— Land use & planning
— Mineral resources
— Noise
— Population & housing
— Public services
— Recreation
— Transportation-VMTs!
— Tribal cultural resources
— Utilities & service systems
— Wildfire
— Cumulative impacts
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Attachment: Land Use 101-March 2023 (Land Use 101)
CEQA – 3 Step Process
1) Lead Agency determines if project is subject to CEQA at all and if it is exempt.
— The agency with the primary responsibility for approving a project (the “lead agency” ) is responsible for conducting CEQA review of the project.
— Statutory Exemption (absolute, granted by Legislature) — CEQA § 21080.01 et seq.; Guidelines § 15260 et seq. (e.g. specific projects, emergency projects)
— Categorical Exemption (determined by the Resources
Agency)
— CEQA § 21084; Guidelines § 15300, et seq. (e.g., existing facilities, replacement or reconstruction)
— Categorical exemptions may not apply if significant effect on environment due to “unusual circumstances”
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Attachment: Land Use 101-March 2023 (Land Use 101)
CEQA – 3 Step Process
2) If not exempt, L.A. conducts
Initial Study (I.S.) to determine if
project may have significant effect
on environment.
— Must look at the project’s direct and indirect
physical changes to the environment.
— Determination must be made based on
“substantial evidence”
— Substantial evidence: facts, expert opinion
supported by facts, reasonable assumptions
based on facts
— Not substantial evidence: argument,
speculation, unsubstantiated opinion,
evidence that is clearly erroneous or not
credible
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Attachment: Land Use 101-March 2023 (Land Use 101)
CEQA – 3 Step Process
3a) If I.S. shows project will not have a significant effect, the L.A. prepares a Negative Declaration (ND)
— Can include a Mitigated Negative Declaration (MND)
3b) If I.S. shows project will have a significant effect, the L.A. prepares an Environmental Impact Report (EIR)
— Process for preparation and review
— Specific required contents (Project description, environmental impacts, mitigation measures, project alternatives, etc.) — Specific findings must be made to approve projects requiring an EIR
— Substantive mandate - Public agencies must refrain from approving projects with significant environmental effects if there are “feasible alternatives or mitigation measures” that can substantially lessen or avoid those effects.
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Attachment: Land Use 101-March 2023 (Land Use 101)
CEQA – Methods for Protecting
the Environment
— Change the proposed project
— Impose conditions (mitigations) on project
— Adopt plans or ordinances to control a broader class of projects — Choose alternative way of meeting the same need
— Disapprove the project
— Finding that changing or altering the project is not feasible — Finding that the unavoidable significant environmental damage is acceptable
— Economic, legal, social, technological or other benefits outweigh adverse environmental effects
— Statement of Overriding Considerations
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Attachment: Land Use 101-March 2023 (Land Use 101)
Vested And Contract Rights
• “Avco Rule”: Issued Permit Vests Rights!
• City may change applicable General Plan or zoning
regulations.
• No vested right to build under existing rules, unless:
building permit; substantial work; and liabilities in good faith reliance.
• But: entitlements protected by due process.
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Attachment: Land Use 101-March 2023 (Land Use 101)
Vested and Contract Rights
— Development Agreements
— GC 65864 et seq.
— City may enact local ordinance.
— Locks in development standards, fees.
— City may seek “non-nexus” benefits
— Approval of DA is subject to referendum.
— Public hearing required.
— GP consistency, compatibility findings required.
— It is a project subject to CEQA
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Attachment: Land Use 101-March 2023 (Land Use 101)
Necessity for Findings
— Topanga rule: findings required for “quasi-judicial”
decisions.
— Aid decision making process and judicial review.
— Findings required?
— Legislative acts – NO, unless req’d. by ord./statute; — Adjudicatory/quasi-judicial acts – YES.
— Record MUST contain evidence to support findings.
— Staff reports, written and oral testimony, MND or
EIR, exhibits, etc.
— Best “home court advantage” in the law!
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Attachment: Land Use 101-March 2023 (Land Use 101)
Takings
— 5
th Amendment - “nor shall private property be
taken for public use, without just compensation.”
(also Cal. Const. Art. I, § 19.)
— Agins - taking if regulation on the general use of
land or condition on specific development: (1) does
not substantially advance legitimate state interest
(nexus); or (2) denies landowner economically viable
use of land.
— Lingle- #2 only!
— If taking found, remedy = damages
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Attachment: Land Use 101-March 2023 (Land Use 101)
Exactions
— Imposed on development.
— Map, use permit, building permit.
— Dedications of land, fees.
— Development: privilege, not a right-changing for housing? — Must be reasonable.
— Must be “nexus.”-substantially advance legitimate state interest
— “Ad hoc” v. generally applicable.
— Mitigation Fee Act, GC 66000.
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Attachment: Land Use 101-March 2023 (Land Use 101)
Rights of the Public
— Notice and hearing.
— Findings.
— Fair hearings/due process.
— Financial conflicts prohibited.
— Brown Act.
— Permit Streamlining Act.
— Public Records Act.
— CEQA.
— Initiative and Referendum.
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Attachment: Land Use 101-March 2023 (Land Use 101)
Housing Overview
— The availability of housing is of vital statewide importance. — Requires the cooperative participation of the government and the private sector to accommodate the housing needs of all Californians of all economic levels.
— The state and local governments have a responsibility to use their powers vested in them to facilitate the development of housing to meet the needs of the community as well as
accommodating the City’s share of the regional housing needs. — State Law requires Cities to include a general plan housing element that removes various constraints to housing
development.
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Attachment: Land Use 101-March 2023 (Land Use 101)
State Housing Goals
State Housing and Community Development (HCD)
— Provision of new housing
— Preservation of existing housing and neighborhoods
— Reduction of housing costs
— Improvement of housing conditions for special needs
groups
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Attachment: Land Use 101-March 2023 (Land Use 101)
March 2022
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Attachment: Land Use 101-March 2023 (Land Use 101)
September 2022
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Attachment: Land Use 101-March 2023 (Land Use 101)
Affordable Housing
— Cotati Housing Element – Commits the City to specific goals, policies and actions of which many are required
by numerous state housing laws. Housing Elements are
reviewed and approved by HCD.
— Adequate sites must be provided for new housing based upon Regional Housing Needs Assessment (RHNA). -
6 th Cycle Began 2023-Whole new Process!
— Encourage the development of second units (ADUs)
— Density Bonuses
— By Right Housing
— Annual Production Report on 5
th Cycle March 28, 2023
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Attachment: Land Use 101-March 2023 (Land Use 101)
Current Housing Issues/Trends
— Rising Construction Costs vs. Household Incomes
— Mixed Use Development?
— Infill Development
— Higher Densities/Reduced Parking
— Less Discretionary Project Review
— Creative Methods to Incentivize Housing Development
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Attachment: Land Use 101-March 2023 (Land Use 101)
Prominent Recent Housing Laws
— SB 35-Ministerial Housing Project Approval
— SB 330-Vesting Rights and Mandated
Timelines
—Housing Accountability Act-Builders Remedy
— SB 9-Right to a duplex or lot split (4 units
total)
—AB 2097-No Parking w/in ½ mile of transit
—ADU Regulations
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Attachment: Land Use 101-March 2023 (Land Use 101)
CTS Limits on some Housing Laws
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Attachment: Land Use 101-March 2023 (Land Use 101)
Supporting Information
— General Plan Environmental Justice Info
https://www.unfamiliarterrain.law/2018/01/environmental-justice-element-requiredcalifornias-general-plans/ — Affordable Housing Regulations
Housing Accountability Act,” GC 65589.5.
Applies to both affordable and housing projects generally.
Water & sewer priority, GC 65589.7.
“Least Cost Zoning,” =sufficient residential lands GC 65913.1.
Density Bonus Law, GC 65915.
— ILG-Planning Commissioners Handbook
https://www.ilgplanninghandbook.org/housing-lawsand-policies
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Attachment: Land Use 101-March 2023 (Land Use 101)
Questions?
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Attachment: Land Use 101-March 2023 (Land Use 101)