DESCRIPTION
No
changes
were
made
to
Chapter
2.0 of
the
DEIR
3.1 AESTHETICS
AND
VISUAL
RESOURCES
No
changes
were
made
to
Section
3.1 of
the
DEIR.
3.2 AIR
QUALITY
No
changes
were
made
to
Section
3.2 of
the
DEIR.
3.3 BIOLOGICAL
AND
NATURAL
RESOURCES
This
section
was
revised
to
include
new
and
revised
information
to
the
EIR
based
on
comments
noted
by Jenny
Blaker,
a
citizen
in
Cotati.
The
revisions
include
corrections
and
updates
of
the
existing
information
which
is
incorporated
into
the
EIR.
The
changes
to
the
text
in
the
EIR
occur
in
Section
3.3 Biological
Resources
in
Table
3.3-‐3
(Special
Status
Animals
Present
or
Potentially
Present
in
Cotati)
on
Page
3.3-‐10.
There
were
two
figures
that
were
updated
based
on
new
CNDDB
queries.
The
updated
figures
include
Figure
3.3-‐2
(page
3.3-‐47)
and
Figure
3.3-‐3
(3.3-‐49).
TABLE
3.3-‐3: SPECIAL
STATUS
ANIMALS
PRESENT
OR
POTENTIALLY
PRESENT
IN
COTATI
SPECIES STATUS
HABITAT
AMPHIBIANS
Ambystoma
californiense
California
tiger
salamander
FE
(Sonoma
County
DPS)/CT
FT/CT
Need
underground
refuges,
especially
ground
squirrel
burrows
and
vernal
pools
or
other
seasonal
water
sources
for
breeding.
10.f
Packet Pg. 868 Attachment: Exhibit C1 - Final_EIR_Cotati_GPU (Housing Element CC Resolution)
3.0 ERRATA
3.0-‐2 Final
Environmental
Impact
Report
– 2013
Cotati
General
Plan
10.f
Packet Pg. 869 Attachment: Exhibit C1 - Final_EIR_Cotati_GPU (Housing Element CC Resolution) ERRATA 3.0
Final
Environmental
Impact
Report
– 2013
Cotati
General
Plan 3.0-‐3
10.f
Packet Pg. 870 Attachment: Exhibit C1 - Final_EIR_Cotati_GPU (Housing Element CC Resolution)
3.0 ERRATA
3.0-‐4 Final
Environmental
Impact
Report
– 2013
Cotati
General
Plan
3.4 CULTURAL
RESOURCES
No
changes
were
made
to
Section
3.4 of
the
DEIR.
3.5 GEOLOGY
AND
SOILS
No
changes
were
made
to
Section
3.5 of
the
DEIR.
3.6 GREENHOUSE
GASES
AND
CLIMATE
CHANGE
No
changes
were
made
to
Section
3.6 of
the
DEIR.
3.7 HAZARDS
No
changes
were
made
to
Section
3.7 of
the
DEIR.
3.8 HYDROLOGY
AND
WATER
QUALITY
No
changes
were
made
to
Section
3.8 of
the
DEIR.
3.9 LAND
USE, AGRICULTURE, AND
POPULATION
No
changes
were
made
to
Section
3.9 of
the
DEIR.
3.10 NOISE
No
changes
were
made
to
Section
3.10 of
the
DEIR.
3.11 PUBLIC
SERVICES
AND
RECREATION
No
changes
were
made
to
Section
3.11 of
the
DEIR.
3.12 TRANSPORTATION
AND
CIRCULATION
This
section
was
revised
to
include
a
correction
to
Figure
3.12-‐9
on
page
3.12-‐77
of
the
Draft
EIR.
A
comment
letter
received
from
Caltrans
noted
a
typo
regarding
traffic
volumes
on
Intersection
12 on
Figure
3.12-‐9.
The
original
figure
incorrectly
showed
216
southbound
AM
approach
trips,
rather
than
correctly
showing
21 trips.
This
typo
has
been
corrected.
The
revised
and
corrected
figure
is
provided
below.
10.f
Packet Pg. 871 Attachment: Exhibit C1 - Final_EIR_Cotati_GPU (Housing Element CC Resolution) ERRATA 3.0
Final
Environmental
Impact
Report
– 2013
Cotati
General
Plan 3.0-‐5
10.f
Packet Pg. 872 Attachment: Exhibit C1 - Final_EIR_Cotati_GPU (Housing Element CC Resolution)
3.0 ERRATA
3.0-‐6 Final
Environmental
Impact
Report
– 2013
Cotati
General
Plan
3.13 UTILITIES
No
changes
were
made
to
Section
3.13 of
the
DEIR.
4.0 OTHER
CEQA-‐REQUIRED TOPICS
No
changes
were
made
to
Chapter 4.0
of
the
DEIR.
5.0 ALTERNATIVES
No
changes
were
made
to
Chapter
5.0 of
the
DEIR.
6.0 REPORT
PREPARERS
No
changes
were
made
to
Chapter
6.0 of
the
DEIR.
10.f
Packet Pg. 873 Attachment: Exhibit C1 - Final_EIR_Cotati_GPU (Housing Element CC Resolution) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: 2022 Housing Annual Production Report (APR) and Informational Update Date: March 28, 2023
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended by the Community Development Department that the City Council receive the 2022 Housing Annual Production Report (APR), provide any comments, concerns or direction to staff and file the report.
Background
All cities and counties in California are required to have a General Plan and among the required elements of a General Plan is the “Housing Element”. A Housing Element provides an analysis of a community's housing needs for all income levels and identifies strategies to respond to and provide for those housing needs. In 1980, the State began requiring scheduled Housing Element updates and (pursuant to Government Code Section 65400) General Law Cities are required to submit an annual report on Housing Element progress (Annual Progress Report or APR) to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD), outlining the progress made towards implementing the City’s Housing Element.
Specifically, the Progress Report is required to detail local efforts to remove governmental constraints to the maintenance, improvement, and development of housing. The Progress Report must also detail the actions taken by the local government towards completion of the adopted Housing Element programs and status of the local government’s compliance with any deadlines in its Housing Element. The Annual Progress Report (APR) is to be considered at a public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments. This report was presented to the Planning Commission on March 20, 2023, will be presented to the City Council on March 28, 2023, and will be submitted to the HCD ahead of the April 1, 2023, deadline.
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California Department of Housing and Community Development The California Department of Housing and Community Development (HCD) reviews every local government’s housing element to determine whether it complies with state law and then submits written findings back to each local government. HCD’s approval is required before a local government can adopt its Housing Element. Jurisdictions must update their housing elements every four years or every eight years, with most using the eight-year schedule (the four-year cycle is a penalty process reserved for egregious jurisdictions). Like most cities, the City of Cotati is on an eight-year cycle, with the current “5th Cycle” being from 2014-2022, making this APR the last report for the 5th Cycle.
These housing cycles have historically partially aligned with the schedule that the local council of governments/metropolitan planning organization (or COGs/MPOs) use to update their Regional Transportation Plans (which are updated every four years). Additionally, the Regional Transportation Plans are now mandated to align with housing plans in Regional Sustainable Communities Strategies. In the Bay Area, the COG is commonly known as the Association of Bay Area Governments (ABAG) and the MPO is known as the Metropolitan Transportation Commission (MTC). Plan Bay Area 2050 ( https://www.planbayarea.org/ ) is the transportation plan and sustainable community strategy foundational document for all Bay-area community’s Housing Elements.
Calculating the Housing Need in Each Region
HCD is responsible for determining the regional housing needs assessment (RHNA), segmented by income levels, for each COG. HCD starts with demographic population information from the Census and California Department of Finance and uses a formula to calculate a figure for each region/COG. Each COG uses its own demographic figures and growth projections to calculate what it believes the regional housing need is. Each COG then coordinates with HCD — taking into account factors not captured in the calculations — to arrive at a final figure. This final figure is the regional housing needs assessment (RHNA) for the region. Cotati’s 6th Cycle (2023- 2030) RHNA is 234 units, while the 5th Cycle RHNA was 137 units.
Regional Housing Needs Assessment Allocation
Once HCD and the COG have agreed to the region’s assessment figure (the amount of housing that must be planned for), the COG is responsible for allocating the housing need amongst all of the jurisdictions (cities/counties) within that region. The COG does this in a Regional Housing Need Allocation Plan (RHNA Plan) created with input from a Housing Methodology Committee (HMC), made of elected and staff representatives from individual communities, and based on individual input and statutory requirements. This methodology is then used to allocate individual communities their “share” of the regional RHNA. In a COG as diverse as the San Francisco Bay
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Area, it can be challenging to meet all of the various needs and individual characteristics of each jurisdiction within the COG (for example Cotati is very different from Oakland, but both communities are under the ABAG/MTC COG). Both the methodology and individual RHNA allocations are ultimately approved by HCD before they are formally approved for each community within the COG.
Changes under AB 879
Until 2018, all California cities (and Counties) submitted annual housing production reports to HCD annually, no later than April 1 (CRC Title 25, Section 6202). The intent of the housing report is to report on the jurisdiction’s status and progress implementing its housing element and RHNA. In 2018, a change went into effect (AB 879, Greyson) which modified the reporting requirements (and moved the applicable reporting requirements to Government Code Section 65400). Additional changes under AB 1486 (2019) and AB 1233 (2020) added new data requirements for the APRs.
New Reporting Requirements:
• The Annual Progress Report must additionally include the number of housing development applications received in the prior year, units included in all development applications in the prior year, units approved and disapproved in the prior year, and a listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on specified sites.
• The APR must also include reporting on the status of any designated “surplus land” owned by the City.
New or amended Housing Elements Requirements:
• Include an analysis of governmental constraints (including any locally adopted ordinances) that directly impact the cost and supply of residential development. • Include an analysis of nongovernmental constraints to also include the requests to develop housing at densities below those anticipated in a specified analysis. Also include the length of time between receiving approval for a housing development and the
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submittal of building permits for that housing development. • Require the analysis of nongovernmental constraints to demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. • Require the program to also address and remove nongovernmental constraints to the maintenance, improvement, and development of housing.
Finally, HCD was also mandated to evaluate the reasonableness of local fees charged to new developments, as defined. This study is required to include findings and recommendations regarding potential amendments to the Mitigation Fee Act to substantially reduce fees for residential development. The results of this study could affect how communities throughout the State structure their development fees. No direction on fee changes has been received to-date.
Analysis/Discussion
As identified, the current eight year “RHNA” cycle runs from 2014 to 2022, and the process to update the next cycle housing element is currently underway. The number of housing units constructed during this timeframe provide one metric for how HCD assesses a jurisdiction’s progress toward meeting the assigned RHNA numbers for that cycle. The Annual Production Report (attached) provides the basis for this assessment. As identified, the City is reporting to close out the current eight-year RHNA cycle which ended Jan. 1, 2023, and has constructed nearly all of its 5th Cycle RHNA allocation (exceeding the RHNA for most income categories).
This is also the basis by which HCD may exercise its’ new authority to refer jurisdictions to the State Attorney General for enforcement due to lack of progress in housing production.
The attached APR is a template report required by HCD to demonstrate progress on the current housing element. As such, it includes both accounting metrics on the number of homes approved and constructed within the City. However, the report also includes a progress summary for each of the programs in the current housing element. Staff directs the public, Planning Commission, and City Council to Table D for more information on each of these topics. Below is a summary of the housing units constructed as of December 31, 2022, and identifies that the City has permitted adequate units to meet all its’ RHNA allocation for the current cycle (ending December 2022), with the exception of the Very-Low Income allocation.
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Income Level RHNA Allocation Total Units to Date
(all years)
Total Remaining
RHNA by Income
Level
Very Low 35 13 22
Low 18 19 0
Moderate 18 25 0
Above Moderate - “Market” 66 86 0
TOTALS 137 143 22
City Affordable Housing Requirements
In accordance with Chapter 17.31 of the Cotati Municipal Code, all housing developments of 10 or more units must deed-restrict 15% of their housing units as designated affordable housing.
Developments of 9 or fewer units may pay a “Housing in-lieu” fee. Generally, affordable housing must be built providing a minimum of 30% Very Low, 30% Low with the remaining units at Moderate income levels; alternatively, the percentages of unit types are based on the City’s remaining RHNA allocations by income level. Affordable housing must be similar to the market rate units within the development, and must be distributed throughout the project, unless a housing plan has been approved by the City Council allowing the affordable units to be built elsewhere in the City. All affordable units are typically restricted for a period between 30-55 years.
Legislative Update Summary
Below, staff has provided a summary of some of the most consequential development related legislation passed since 2017. This is a partial list and only touches on the volume of Housing legislation affecting the City’s housing regulations. To summarize, the trends of this recent legislation continue to move housing development toward a “by-right” and CEQA exempt process, which is often not public or discretionary. This has generally been accommodated by limiting the ability of local jurisdictions to influence the design and size of certain housing projects to “objective” standards, put in place well before individual projects are submitted for review. This summary is brief and incomplete but provides a contemporary perspective on the recent laws affecting the policy direction to be implemented through the programs and policies identified in the pending 6th Cycle Housing Element Update.
AB 68 (2020)-Land Use: Accessory Dwelling Units
Effective from January of 2020, this bill aims to increase the supply of housing units by easing restrictions on Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) by requiring a local planning agency to ministerially approve or deny a permit application for the creation of an ADU (or JADU) within 60 days if the unit(s) proposed meet certain standards. Additionally, this bill also removes parking requirements for ADU/JADU, and
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prohibits the local agency from imposing impact fees or connection fees that ADUs/JADUs that are not proportional to the size of the unit. These changes to ADU regulations are in addition to multiple changes in ADU law starting in approximately 2019 and which continue through the 2022 legislative cycle.
AB 2345 (2021)-Density Bonus Changes
AB 2345 amends Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). A ‘qualifying’ project must set aside at least fifteen percent (15%) of total units for very low-income households, twenty-four percent (24%) of total units for low income households, or forty-four percent (44%) of for-sale units for moderate income households. Levels of bonus density between thirty-five percent (35%) and fifty percent (50%) are granted on a sliding scale.
Further, these amendments provide that, upon a developer’s request, a locality must utilize statemandated amended parking ratios (inclusive of handicapped and guest parking) which decrease the parking required for two and three bedroom units for qualifying projects, as shown in the table below.
Maximum Parking Requirements
Rooms Number of spaces required
Studio / 1 bedroom 1 space
2 bedroom / 3 bedroom 2 spaces → 1.5 spaces
4 bedroom 2.5 spaces
AB 725 (2020) Missing Middle Housing
AB 725 is intended to address the current “housing crisis”, by requiring that many jurisdictions across the state plan for moderate-density housing (e.g., duplexes, fourplexes, garden apartments, townhomes, etc.) through their general plan housing elements. AB 725 requires that qualifying jurisdictions allocate at least 25% of their Regional Housing Needs Allocation (RHNA) for moderate and above-moderate income units to housing sites zoned for at least four units, with moderate income sites being capped at a density of 100 units per acre. These sites must be identified in the Housing Element inventory of land suitable for residential development.
Accessory dwelling units or junior accessory dwelling units do not count towards the 25% requirement. AB 725 only applies to housing elements due after January 1, 2022.
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SB330 (2019) “Housing Crisis Act” & New GC Section 66300 Development Process Changes SB 330 makes numerous changes to the Permit Streamlining Act and the Housing Accountability Act (many of which expire Jan. 1, 2025) and establishes the Housing Crisis Act. Under the new rules, cities and counties will be limited in the ordinances and policies that can be applied to housing developments. “Housing development” is now defined to include residential projects, mixed-use projects with 2/3 of the square footage dedicated to residential units and transitional or supportive housing projects. With limited exceptions, housing developments will only be subject to those ordinances and policies in effect when a newly created “preliminary” application is submitted. To facilitate the preliminary application process, all public agencies must compile a checklist that specifies what is required to complete a development application. The application checklist must now be made available in writing and on the public agency’s website.
The Housing Accountability Act was amended to prohibit more than 5 hearings when reviewing a project that complies with the general plan and zoning code objective standards in place when the application was deemed complete. “Hearing” is broadly defined to include any workshop or meeting of a board, commission, council, department or subcommittee. Additionally, a housing development cannot be required to rezone the property if it is consistent with the objective general plan standards for the property. The public agency may require the housing development to comply with adopted objective zoning code standards applicable to the property, but only to the extent they facilitate the development at the density allowed by the general plan.
SB 330 also shortens the timeframes for housing development approval under the Permit Streamlining Act. Local agencies now have 90 days (instead of 120 days), following certification of the environmental impact report to approve a project. For low-income projects seeking tax credits or other public funding, that time frame is further shortened to 60 days.
SB 9 (2021) Ministerial Lot Splits of Single Family Parcels SB 9 also allows for ministerial approval of qualifying lot splits of existing single-family properties. Qualifying generally means in an urbanized area, surrounding be development and that does not disrupt existing tenants. A proposed SB9 subdivision must ensure each new parcel be a minimum of forty (40%) percent of the original parcel size and be at least one thousand two hundred (1,200) square feet. The new parcels are limited to residential uses, and each new lot is limited to two units (single family home + ADU). A local agency may impose objective zoning standards, subdivision standards, and design standards unless they would preclude either of the two units from being at least 800 square feet in floor area.
SB 10 (2021) Upzone In-Fill Parcels in Transit Areas (Optional)
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SB 10 creates a voluntary process for local governments to pass ordinances prior to January 1, 2029, to zone any parcel for up to ten (10) residential units if located in transit rich areas and urban infill sites. Adopting a local ordinance or a resolution to amend a general plan consistent with such an ordinance would be exempt from review under the California Environmental Quality Act (“CEQA”). This provides cities, an increased ability to upzone property for housing without CEQA review. However, if the new housing authorized by the upzoning would require a discretionary approval to actually build the housing (for example, a subdivision map or design review), CEQA review is required for those subsequent approvals. Moreover, in contrast to SB 9, each individual city or county must affirmatively pass an ordinance authorizing the up zoning.
SB 35 (2017) and AB 2668 (2022)
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 2668 amends SB 35 clarifying streamlined SB 35 projects are not subject to any non-legislative discretionary approval and that density bonus units are not considered when calculating whether a project satisfies SB 35’s affordability requirements.
Further, the bill prohibits cities from denying an application for missing materials if there is enough information to allow a reasonable person to conclude the development is consistent with the applicable objective standards.
AB 2162 (2018) Streamlining Approval of Supportive Housing Requires that supportive housing, defined as “housing intervention that combines on-going rental assistance with supportive services such as health and mental health care for chronically homeless households”, permitted by right in zones where multifamily and mixed-use development is permitted. This bill requires a city to provide a ministerial approval process, removing the requirement for CEQA analysis and removing the requirement for Conditional Use Authorization or other similar discretionary entitlements granted by the Planning Commission.
AB 101 (2021) Low Barrier Navigation Centers
This bill requires cities to create a “by right” process to allow Low Barrier Navigation Center (LBNC) to be a use that is permitted by right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses. A Low-Barrier Navigation Center (LBNC) is a "Housing First," low barrier, temporary, service-enriched shelter that helps homeless individuals and families to quickly obtain permanent housing.
AB 2011 & SB 6 (2022) Additional “By-Right” Housing
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These bills combined, 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) Concessions for Housing Near Transit
This bill 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) Provides Parking Reduction for Affordable Housing on Religious Properties This bill recasts the provisions related to eliminating parking spaces on religious property by allowing affordable housing development located on a religious property up to a 50% reduction of required religious-use parking spaces, as of January 1, 2023.
Financial Considerations
The City maintains an Affordable Housing Trust Fund intended to support development of affordable housing within Cotati. Affordable housing in-lieu payments are remitted to this account for residential development projects which are allowed to pay in-lieu fees (generally those which are less than 10-units in size) and commercial projects paying the linkage fee. The current balance of this trust fund is approximately $2,172,124; however, the account has an outstanding loan to the sewer fund for approximately $772,481 (due in 2038).
Last fiscal year, the City Council provided $250,000 to Burbank Housing to facilitate acquisition and renovation of the Windwood Apartments on E. Cotati Avenue, in exchange for another 55- year deed restriction on the affordability covenants for this property. The Fiscal Year 22/23 budget will reflect these commitments (as appropriate) when presented. Staff anticipates requests to utilize a majority of the remaining funding to support projects striving to meet the City’s 6th Cycle RHNA allotment.
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CD staff was also successful in obtaining $50,000 in competitive REAP grant to support an update to the Santero Way Specific Plan zoning. A budget request to support this effort has been included in the proposed FY23/24 budget.
Environmental Issues
The action of receiving the annual housing report does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.
Attachments:
Copy of Housing-Element-Annual-Progress-Report-NJH (PDF) 2022 Housing Legislation Round-Up - Reuben, Junius & Rose, LLP (PDF)
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Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
11_16_22
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
201 W Sierra Avenue
Cotati
94931
Please Start Here
General Information
2022
Cotati
Contact Information
Pratik
Thapa
Planning Technician
[email protected]
7076653633
Mailing Address
Annual Progress Report January 2020
11.A.a
Packet Pg. 884 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.
Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.
Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.
Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2022 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2022 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:
1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].
2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
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Packet Pg. 885 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total
APPROVED
Units by project
Total
DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 2 0 0 0 1 4 7 7 0 144-740-021 618 McGinnis Cir Gary's ADU 22212 ADU R 8/29/2022 1 1 1 No No 046-620-015 119 Macklin Dr 22209 ADU R 8/22/2022 1 1 1 No No 144-740-024 612 McGinnis Cir Gary's ADU 22283 ADU R 11/28/2022 1 1 1 No No 144-161-013 240 W Cotati Oaks Kristopher's ADU 22242 ADU R 10/12/2022 1 1 1 No No 144-351-013 99 Page St Phillip's ADU 22111 ADU R 4/28/2022 1 1 1 No No 144-400-064 104 Forno Way Jean-Ravel's ADU 22012 ADU R 1/19/2022 1 1 1 No No 046-231-044 8864 Old Redwood Hwy Jonatha's ADU 22004 ADU R 1/31/2022 1 1 1 No No 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted
11.A.a
Packet Pg. 886 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan 1 - Dec 31) Housing Element Implementation Cells in grey contain auto calculation formulas Planning Period 5th Cycle
Table A2
Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
235689 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Prior APN
+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?
+
W as Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N
+
Assistance Programs for
Each Development
(may select multiple - see
instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units were
affordable
(see instructions)
Term of Affordability or
Deed Restriction (years) (if
affordable in perpetuity enter
1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or Renter
Total Density Bonus Applied to
the Project (Percentage Increase
in Total Allowable Units or Total
Maximum Allowable Residential
Gross Floor Area)
Number of Other
Incentives, Concessions,
W aivers, or Other
Modifications Given to
the Project (Excluding
Parking W aivers or
Parking Reductions)
List the incentives,
concessions, waivers,
and modifications
(Excluding Parking
W aivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes
+
Summary Row: Start Data Entry Below803080 79 98020
0 01
472120807 2020
00 144-450-057 96 JAGLA STREET KESSING RANCH 19297 SFD
O
0 01 1/24/20221N
144-450-059 92 JAGLA STREET KESSING RANCH 19301 SFD
O
0 0
1 2/24/20221N No
144-450-058 94 JAGLA STREET KESSING RANCH 19298 SFD
O
0 01 2/24/20221N
144-450-060 8249 HONOR
PLACE KESSING RANCH 19302 SFD
O
0 01 2/24/20221N
144-450-061 8248 HONOR
PLACE KESSING RANCH 19303 SFD
O
0 0
1 3/2/20221N
144-450-062 8246 HONOR
PLACE KESSING RANCH 19307 SFD
O
0 01 3/10/20221N
144-450-071 93 JAGLA STREET KESSING RANCH 19293 SFD
O
0 01 3/10/20221NY INC 1000
144-450-072 91 JAGLA STREET KESSING RANCH 19294 SFD
O
0 0
1 3/16/20221NY INC 1000
144-450-073 89 JAGLA STREET KESSING RANCH 19299 SFD
O
0 01 3/23/20221NY INC 1000
144-450-074 87 JAGLA STREET KESSING RANCH 19300 SFD
O
0 01 3/24/20221NY INC 1000
144-450-075 85 JAGLA STREET KESSING RANCH 19304 SFD
O
0 01 4/21/20221NY INC 1000
144-450-076 83 JAGLA STREET KESSING RANCH 19305 SFD
O
0 0
1 4/21/2022
1 NY INC 1000
144-450-077 81 JAGLA STREET KESSING RANCH 19306 SFD
O
0 01 4/21/20221NY INC 1000
144 301 012 28 RYAN LANE JAMIE LANE 21167 SFD
O0
01 10/25/20221 1/0/1900NY LHTF Oth 1000
144 301 013 30 RYAN LANE JAMIE LANE 21168 SFDO
001 10/25/20221 1/0/1900NY LHTF Other 1000
144 301 014 32 RYAN LANE JAMIE LANE 21169 SFDO0
01 10/25/20221 1/0/1900NY LHTF Other 1000
144 301 015 34 RYAN LANE JAMIE LANE 21170 SFDO001 10/25/20221 1/0/1900NY LHTF Oth 1000 144 301 016 36 RYAN LANE JAMIE LANE 21171 SFDO001 10/25/2022 1 1/0/1900NY LHTF Other 1000
144-740-021 618 McGinnis Cir
Gary's ADU
22212
ADUR
0 1
8/29/2022
10 1/1/1900N
Phone call made on 2/2/2023 to the
owner of the ADU. Unit will be
designated to the elderly; $0 rent.
Finaled in 2023.
046 620 015 119 Macklin Dr 22209 ADUR01 8/22/2022
10 1/0/1900N
144 740 024 612 McGinnis Cir Gary's ADU 22283 ADUR01 11/28/2022 10 1/0/1900
N
144-161-013 240 W Cotati Oaks
Kristopher's ADU
22242
ADUR
0 1
10/12/2022
10 1/0/1900N
Phone call made on 2/2/2023 to the
owner of the ADU, requesting
information about the rental price they
intend to charge for their unit Onwer
indicated rent at $1,800 per month,
qualifying or moderate income.
144-351-013 99 Page St
Phillip's ADU
22111
ADUR
0 1
4/28/2022
11 12/7/20221 1/1/1900N
Phone call made on 2/2/2023 to the
owner of the ADU. Unit will be
designated to the elderly; $0 rent.
144 400 064 104 F W J R l' ADU 22012 ADUR0
1 1/19/202211 12/21/20221 1/0/1900N
046-231-044 8864 Old Redwood
Hwy Jonatha's ADU 22004 ADU
R
0 1 1/31/202210 1/0/1900N
144-320-015, 144-
320-016, 144-320-
017
N/A Cotati Station PA#21-16 5+
R
83 8 79 6/14/2022
98 00N LHTF DB 55 100.0% Development Standards
Modification Yes
0 00
000
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000
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000
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00 Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Annual Building Activ ity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
11.A.a
Packet Pg. 887 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan 1 - Dec 31) Housing Element Implementation Cells in grey contain auto calculation formulas Planning Period 5th Cycle
Note: "+" indicates an optional field
0 00
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11.A.a
Packet Pg. 888 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan 1 - Dec 31) Housing Element Implementation Cells in grey contain auto calculation formulas Planning Period 5th Cycle
Note: "+" indicates an optional field
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
0 00
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0 00
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0 00
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0 00
11.A.a
Packet Pg. 889 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - 1 3 - - - 2 - -
Non-Deed Restricted - - - - - 1 2 2 2 -
Deed Restricted - - 3 - - - - 2 - -
Non-Deed Restricted - - - 10 - 3 1 - - -
Deed Restricted - - - - - - - 8 - -
Non-Deed Restricted - 2 - 11 2 - 1 - 1 -
Above Moderate 66 - 3 16 22 - 3 16 22 4 - 86 -
137
- 5 20 46 2 7 20 36 7 - 143 22
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date Total Units
Remaining
18 - - - - - - - 2 - 2 16
-
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Govermnet Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
-
13 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
25 Moderate
35 18
18 Please contact HCD if your data is different than the material supplied here 19 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
22 11.A.a
Packet Pg. 890 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
11.A.a
Packet Pg. 891 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati
Reporting Year 2022 (Jan 1 - Dec 31) 1 2 3
4 Name of Program Objective Timeframe in H E Status of Program Implementation 1-1 Housing Rehabilitation
& Home Ownership
Improve neighborhoods by providing
opportunities for rehabilitation, through
various state and regional programs
Annually
The City of Cotati has not been able to secure a funding source to implement Program 1-1 during the 5th Cycle Housing Element. Our participation in the Sonoma County Community Development Commission (CDC) as a nonentitlement jurisdiction in the “urban county” limits the ability to directly file for CDBG and Home funding individually. Over the 5th Cycle, the CDC applications for these funding sources has primarily focused on addressing homelessness and infrastructure deficiencies. However, the CIty of COtati did commit $250,000 in affordable housing funds to the Windwood Housing project (298 E. Cotati Avenue) to allow Burbank Housing to rehabilitate the entire development after purchaing it. In exchange for the CIty funds, Burbank Housing agreed to a new 55-year deed restriction.
1-2 Non-Profit & Agency
Coordination
Continue existing and develop new
relationships with agencies, nonprofits
and others to assit in rehab assistance.
On-Going
Throughout the 5th Cycle, the City of Cotati has greatly expanded its relationship with local non-profit organizations and service providers, both through participation with the CDC and separately through direct outreach. This has resulted in Cotati residents being able to obtain rental and utility bill assistance funded by CDBG and HOME funds. In addition, the CD Department has increased engagement with the non-profit community to leverage expanded access to Accessory Dwelling Unit financing and technical assistance (Homes for Sonoma, the Napa/Sonoma ADU Center). Further, the City of Cotati has formalized a relationship with the Housing Land Trust of Sonoma County (HLT) to provide affordable housing expertise and assistance with managing for sale below market rate (BMR) home sales and re-sales. This relationship building continues to expand and is expected to expand and become more formal into the 6th Cycle of the City's Housing Element (2023-2030).
1-3 Capital Improvement
Program
Determine priorities for CIP project in
order to maintain older neighborhoods. Annually
The Community Development Department works annually with the Public Works Department to review the CIP and prioritize projects that will maintain and enhance the city’s older residential neighborhoods. This coordination has resulted in street improvement projects benefiting existing eastern Cotati neighborhoods around Old Redwood Highway, E. Cotati Avenue and Myrtle Avenue, as well as western Cotati neighborhoods accessed via West Cotati Avenue. These projects include pothole repair and slurry seal of existing streets; full-depth reclamation of existing streets, bicycle and pedestrian safety improvements and Class 1 pathway construction expanding safe routes to the Thomas Page School as well as trail interpretive signs being installed along the Laguna de Santa Rosa trail network.
1-4 Housing Inspection &
Code Enforcement
Compliance with health & safety
requirements. On-Going
The City of Cotati has been working to create and enhance a code enforcement program since 2019 and prioritizes substandard housing complaints as the highest Code Enforcement priority. Over this time-period, Cotai Code Enforcement staff has responded to numerous housing related complaints and resolved several inadequate and/or substandard housing situations. These have included occupancy of travel trailers and accessory structures as primary residences, exposed wiring and inadequate plumbing in rental units and the conversion and/or construction of unpermitted residential units. In 2022 the CIty has worked with homeowners identified as having substandard housing conditions, but whom are unable to fund the improvements to resolve these code violations. The City has entered into a loan with one specific homeowner whom is a low-income disabled veteran with the goal of covering the costs of the improvements required to resolve the violations, with minimal interest being charged. If successful, this may serve as a pilot program able to be replicated city-wide. 1-5 Mobile Home Park
Conversion to Ownership Facilitate resident purchase. On-Going To date, City of Cotati staff has not determined there is interest in the program, or in a potential sale. Staff will continue to pursue opportunities to provide mobile home park ownership to the residents. In 2022, City staff did engage with several Mobile Home Park (MHP) residents on several individual housing related issues, none of which included a potential sale of a MHP property. 1-6 Inventory Affordable
Housing and Mobile
Home Parks
Maintain inventory of affordable units &
mobile home parks On-Going
Table 1-30 of the 2015 Housing Element lists such an inventory for rental and forsale affordable housing units. This inventory identifies a total of 315 individual BMR units and 110 Mobile Home spaces, spread across three mobile home parks.
Several affordable housing units have been approved and constructed in 2022 and the inventory will be updated to reflect the increased number of units constructed during the 5th Cycle
1-7 Preservation of
Affordable Units Conserve supply of affordable units. On-Going While monitoring the potential sale of these units presents a challenge for the limited City resources, staff does make efforts to monitor potential sales of publicly assisted projects. When such a potential sale is identified (such as the Windwood project at 298 E. Cotati Avenue in Winter of 2021), City staff works with local affordable housing providers in an effort to preserve these units as affordable. In the case of the Windwood sale, the Cotati City Council utilized $250,000 in affordable housing funds to assist Burbank Housing with the purchase of the project, in return getting an updated 55-year deed restriction to maintain these units as low-income. Building permits for the renovation of these units, which was funded by this $250,000 contribution, were issued in late 2022 and construction improvements are ongoing as of March 1, 2023. 2-1 Adequate Housing
Sites Maintain adequate inventory of sites. On-Going
The City has maintained the list of Housing Opportunity Sites, including density and special needs information since adoption of the 2015 Housing Element (HE).
However, this list has not been actively maintained to reflect parcels that have developed or in response to changes in the RHNA needs of the City. However, the City has not identified a shortfall of available sites necessary to meet the existing and future RHNA needs identified in the 5th Cycle Housing Element-primarily due to the excess of available parcels (many of which are developer owned) identified in the 5th Cycle HE. The 6th Cycle House Element process is anticipated to continue to meet and exceed the RHNA needs of the City, and will include an identified list of additional parcels available to replace those that develop over this period.
2-2 Affordable Housing
Requirement
Implement Chapter 17.31 of Land Use
Code On-Going
The City has continued to implement the inclusionary housing requirements identified in Chapter 17.31 of the Cotati Municipal Code (CMC). To date, these efforts have resulted in the construction of 13 very-low income, 19 low income and 25 moderate income units in addition to the 86 market rate units that have been built during the 5th Cycle
2-3 Second Dwelling Units Periodically review ordinance to ensure no revisions are needed. Bi-Annual
The City updated its ADU ordinance in 2020 to implement the changes directed by several bills passed by the State legislature. As identified above, the City has further sought to promote the development of ADUs, partnering with the Napa/Sonoma ADU Center and creating an ADU specific webpage on the CD Department site. As of last year, it was anticipated a total of 10-12 ADUs will be built over the 5th Cycle, but 7 ADUs were premitted in 2022 alone. 2-4 Emergency Shelters,
Transitional Housing &
Supportive Housing
Seek sources of funding to support for
shelters, transitional & supportive
housing
On-Going
As identified above, throughout the 5th Cycle, 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. No new transitional housing units were built or purchased in 2022, however the City continues to seek funding to support shelters, transitional and supportive housing units.
2-5 Priority Water &
Sewer
Communicate housing priorities to
Public Works
Immediately Upon
Adopton
The City of Cotati has adequately planned for water and wastewater services to meet the housing needs of both the 5th and 6th Housing Element cycles and priority will be given to affordable housing units under the programs and policies of the 6th Cycle Housing Element
2-6 Barrier Removals for
Multi-Family Development
Amend CMC to eliminate CUP
requirement in NU zone and reduce
parking requirements
Complete
This program was completed in 2022, and was even expanded to eliminate the need for a Use Permit for multi-family housing in both the NU and NM zoning districts
3-1 Affordable and
Special Needs Housing
Incentives
Amend CMC to allow for reduced
standards and provide incentives to
developers.
On-Going
In this cycle, the City was not successful in issuing building permits for a 74-units density bonus entitled project (Cotati Station) which has struggled to find financing. In response to these struggles, the CIty approved a revised project allowing 98-units on the same site through the approval of a 100% density bonus.
Additional incentives were granted including a Fee Deferral and Affordable Housing Fee Subsidy. Fee subsidy and deferral programs have been included in the draft 2023 6th Cycle Housing Element, currently under review with HCD. 3-2 Planning for
Affordable and Special
Needs Housing
Policy is in effect. On-Going
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. Additional policies and programs for the support of affordable and special needs housing are included in the 6h Cycle Housing Element Update, which is pending approval from HCD
3-3 Funding for Affordable
and Special Needs
Housing
Seek available funding for lower
income and special needsd housing. On-Going
The City encourages the conversion of moderate-to-low and low-to-very low inclusionary units through a trade of credits (i.e., 1.5 moderate income units = 1 low income unit) to increase the numbers of inclusionary units provided at lower income levels. The County CDC toolbox, though helpful, has not provided immediate assistance to expand on low income housing to date, however funding options and allocations through the CDC are expanding as State and federal funding has increased. Direct financial assistance is needed to bridge the large gap between development costs and affordable rents and the City used SB2 grant funds to streamline the development of housing, and low income housing, generally. Additional funding sources continue to be sought to support the development of affordable and special needs housing.
3-4 Reasonable
Accommodation
Ensure reasonable accommodations
are provided On-Going The City processes requests for reasonable accommodations, as needed. 3-5 Senior Shared
Housing Programs
Work with County CDC & non profit
housing organizations to determine
interest in a senior shared housing
program.
On-Going
The CMC amendments have been completed and our continued work with an ADU/JADU ordinance, and non-profit organizations will also address and continue to support the senior share program. A number of ADUs built in 2022 were intended to serve senior aged residents, as reported by the owners of these units. 3-6 Maintain Adequate
Staff
Ensure adequate staff to process
housing development applications. On-Going
The City has entered an ongoing contract with an outside consulting firm who process projects when workload exceeds staff capacity, and this contract will continue into 2022. In addition, the City Council approved a budget adjustment in 2021 to hire a part-time Associate Planner and a part time Planning Technician in 2022 to supplement staff available to process current development and policy projects for housing. This staffing is adequate to meet the current needs of the City
3-7 Tax Exempt Financing
Require developers utilizing tax
exempt financing to include Section 8
vouchers
On-Going To date, the City of Cotati has had no developers utilize tax exempt financing. 3-8 Review Processing
Fees
Explore opportunities to reduce fees
and provide discounts to affordable
projects.
On-Going
The City developed a Fee Deferral program to help project proponents reduce carrying costs on units under construction and implemented this program for the Cotation Station project in 2022. Staff has also worked with individual developers to stagger the timing of the affordable unit construction so that proceeds from the market rate units can help carry costs of the affordable units. In past years, the City has utilized bond financing to partially cover the impact fee costs for recent development of a 47-unit project (Kessing Ranch), which included 7 affordable housing units identified in this report. Additionally, in keeping with State mandates, ADUs up to 750 square feet are not charged impact fees to develop.
Finally, the City completed a Fee Study in 2021 to review the costs of development and building permit applications and these updated fees continue to be implemented in 2022.
3-9 Monitor Use Permit
Requirements for
Affordable Housing
Explore opportunities to reduce fees
and provide discounts to affordable
projects.
On-Going
In this cycle, the City has not had any formal applications for projects in the NU zone however staff has initiated an ordinance to remove the Use Permit requirement for residential development within the NU district as a component of the SB 2 Grant funded efforts to allow more multi-family housing as a permitted use in this District. This Ordnance was reviewed by the Planning Commission on March 7, 2022, and will go before the City Council in April 2022. 4-1 Housing
Discrimination Complaints
Ensure that residents have access to
information regarding fair housing
rights
On-Going
In this cycle to date, the City has had no fair housing complaints. Information regarding legal assistance and how to file a complaint is available at our front counter and on our website and through City staff
4-2 Nondiscrimination
Clauses
Include nondiscrimination clauses in
agreements for publically assisted
housing units
On-Going
The City's only current non-discrimination housing assistance comes through deed restrictions and affordability agreements; those legal documents all require non-discrimination language
4-3 Nondiscrimination
Coordination
Continue to address fair housing issues
through organiztions that provide
assistance.
On-Going
Cotati CD Department staff is unaware of any housing discrimination complaints being filed during this cycle and remains committed to implementing programs to reduce and eliminate housing discrimination within the Community. Staff has referred some complaints regarding landlord/tenant relations not related to discrimination, to Legal Aid of Sonoma County, and will continue to respond to housing complaints appropriately.
5-1 Energy Conservation &
Efficiency
Promote energy efficiency and
conservation On-Going
The adopted 2015 General Plan prioritizes in-fill development in-lieu of an extension of utility and municipal services. A requirement of the Cotati Climate Action Plan calls for 50% of all new residential units to be solar ready at final inspection. Additionally, the Cotati CD Department, Planning Commission and City Council regularly direct and require project applicants to install photovoltaic panels and electric vehicle charging into new development projects. This is applied consistently across new commercial and residential projects. Further, the City of Cotati requires Tier 1 CalGreen implementation for all building projects, and this enhanced standard has been codified into the 2023 Cotati Building Code.
In addition, both the 2015 General Plan and the Downtown Specific Plan prioritize city-centered growth and mixed use development and have designated properties close to amenities and services to accommodate and in many cases require mixed use development at the highest residential density levels within the City. However, it should be noted recent changes in state housing law now allow pure residential development within these areas, potentially removing the planned commercial amenities in close proximity to future residential homes.
Finally, the City has not been successful in receiving grant funding to provide low interest loans for winterization or energy conservation or improvement projects.
However, the County of Sonoma does provide a PACE program and the City continues to be a member of BayREN, both of which provide options for loans and low-cost funding to make such improvements to homes and other buildings within the City. City staff advertise opportunities for application theo their various programs from time to time. In addition, the City is a member of Sonoma Clean Power, utilizing the “Evergreen” 100% renewable energy power supply. This membership allows the City to regularly highlight the benefits of Evergreen power to project applicants and Cotati residents. Finally, the City of Cotati is the first jurisdiction in the County of Sonoma to utilize EV police patrol cars, in addition to fleet vehicles. These vehicles are charged using 100% renewable energy purchased from Sonoma Clean Power.
6-1 Annual Report
Prepare an annual report to the City
Council describing implementtion of
the Element
Annually Cotati Community Development staff meets all annual HCD reporting requirements.
6-2 Workshops & Public
Hearings
Hold workshops that provide the public,
developers and service providers with
opportunities to review and discuss the
Housing Element.
On-Going
Beginning in October 2019, Community Development staff have held several housing related workshops and public presentations to identify the numerous and on-going changes to State law and development regulations regarding housing.
A separate workshop was held in mid-2022 with housing service providers, housing developers and other housing stakeholders to gather input and communicate shared interests. A Housing Element Program in the draft 6th Cycle HE will identify such a workshop as an annual event. In addition, the City has created a Housing specific webpage to share this information and provide regular updates in an effort to keep citizens informed of these changes. This website includes a "Housing Interest List" sign up whereby individuals interested in Housing related issues may provide their email and get direct updates on the CIty's efforts to support housing in Cotati. Further, the City continues to hold public hearings and discussions to discuss the City’s responses to the recent state legislation which require modifications and updates to the City’s land use code.
The City has a planned Land Use 101 presentation to the City Council and Planning Commission on March 6, 2022, which will include summaries of efforts to implement the Housing Element policies and respond to State mandates regarding housing. In addition to these meetings and workshops, city staff regularly engages with the community through social media and local farmer's markets to get input from Cotati residents on housing and successfully completed 2 separate housing related surveys in 2022; the results of which were used to inform the pending Housing Element Update.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
General Comments
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Packet Pg. 892 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name
+ Local Jurisdiction
Tracking ID
+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier 1
2 Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
11.A.a
Packet Pg. 893 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+
.
For detailed reporting requirements, see the chcklist
here:
Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
11.A.a
Packet Pg. 894 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA
11.A.a
Packet Pg. 895 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation 2
3 4
APN Street Address Project Name
+ Local Jurisdiction
Tracking ID
+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
11.A.a
Packet Pg. 896 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
12 3
45 67
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
144-320-026 0 E Cotati Ave Commercial
0 Surplus Land 0.41 Cotati SMART TOD Site
NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Sonoma County jurisdictions, please format the APN's as follows:999-999-999-999
11.A.a
Packet Pg. 897 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT Note: + indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Project Type Date 2 3
APN Street Address Project Name
+ Local Jurisdiction
Tracking ID
+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.
Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.
Summary Row: Start Data Entry Below
Project Identifier Unit Constructed 1 4
Annual Progress Report January 2020
11.A.a
Packet Pg. 898 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income Deed Restricted Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income Non
Deed Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Summary Row: Start Data Entry Below
Not
Cells in g
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to Government Code65915(b)(1)(F)
Annual Progress Report January 2020
11.A.a
Packet Pg. 899 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted
0 Non-Deed Restricted
2 Deed Restricted
0 Non-Deed Restricted
0 Deed Restricted
0 Non-Deed Restricted
147
Units by Structure Type Entitled Permitted Completed
SFA000
SFD00 18
2 to 4000
5+ 9800
ADU072
MH000
Total 987 20 77700000
Income Rental Ownership Total
Very Low
000
Low
000
Moderate
000
Above Moderate
000
Total
00 0
Cells in grey contain auto-calculation formulas
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
11.A.a
Packet Pg. 900 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) Jurisdiction Cotati
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted
8 Non-Deed Restricted
0 Deed Restricted
3 Non-Deed Restricted
0 Deed Restricted
8 Non-Deed Restricted
0 79
98 Current Year
Deed Restricted
0 Non-Deed Restricted
2 Deed Restricted
0 Non-Deed Restricted
0 Deed Restricted
0 Non-Deed Restricted
147
Current Year
Deed Restricted
2 Non-Deed Restricted
1 Deed Restricted
2 Non-Deed Restricted
0 Deed Restricted
8 Non-Deed Restricted
07 20
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ -
Task Status
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Packet Pg. 901 Attachment: Copy of Housing-Element-Annual-Progress-Report-NJH (2022 Cotati APR) 3/14/23, 2:37 PM 2022 Housing Legislation Round-Up - Reuben, Junius & Rose, LLP https://www.reubenlaw.com/2022-housing-legislation-round-up/ 1/6 2022 Housing Legislation Round-Up
OCTOBER 6, 2022 | JUSTIN A. ZUCKER AND DANIEL J. TURNER This year was a blockbuster year for housing legislation coming from Sacramento. Last week, Governor Gavin Newsom signed into law more than three dozen bills related to housing and housing production. Below please find a brief overview of twelve housing bills signed by the Governor that become effective next year.
AB 682. Density Bonus for “Shared Housing” Buildings
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Packet Pg. 902 Attachment: 2022 Housing Legislation Round-Up - Reuben, Junius & Rose, LLP (2022 Cotati APR) 3/14/23, 2:37 PM 2022 Housing Legislation Round-Up - Reuben, Junius & Rose, LLP https://www.reubenlaw.com/2022-housing-legislation-round-up/ 2/6 AB 682 amends the State Density Bonus Law to create a density bonus for “Shared Housing” developments. Shared housing, or group housing as it is commonly known, is characterized by singleroom units with shared access to common kitchen and dining facilities. Each unit is typically intended for one or two occupants and features a small kitchenette. This new density bonus will allow shared housing developments to build at greater densities in exchange for dedicating a percentage of units to affordable housing, with the same affordability requirements and bonus amounts as is currently available to standard-unit developments. Notably, shared housing developments can provide up to 25% of their floor area as standard-unit housing and still qualify for a density bonus.
AB 916. No Public Hearing to Increase Bedroom Count
AB 916 prohibits cities from requiring a public hearing for a permit to add up to two bedrooms by reconfiguring existing space within an existing dwelling unit.
AB 1551. Commercial Development Bonuses for Providing Affordable Housing AB 1551 creates a density bonus for commercial developers who partner with housing developers and support the provision of affordable housing through land donation, cash payment, or by directly building units. A commercial developer is eligible for up to a 20% density bonus. To qualify, the housing development supported by the commercial developer must provide either 30% of units as affordable for low income (<80% AMI) or 15% of units as affordable for very-low income (<50% AMI).
AB 2011. Affordable Housing and High Road Jobs Act
AB 2011 provides streamlined, ministerial approval of multifamily housing developments that contain affordable housing units located in commercial zones. Two tiers of development are available, depending on the amount of affordable housing provided. A project dedicating 100% of units as affordable for lower income households can be developed by right on most parcels zoned for retail, office, or parking uses. A project with market-rate units that provides a specific percentage of rental or ownership units as affordable for either lower income or very-low income households can be developed by right on parcels zoned for retail, office, or parking if the site has at least 50 feet of frontage on a commercial corridor (a street between 70 and 150 feet wide). AB 2011 projects are also subject to certain prevailing wage and skilled workforce requirements. We have discussed AB 2011 in greater detail in previous updates on August 24, 2022, and September 1, 2022.
SB 6. Middle Class Housing Act
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Packet Pg. 903 Attachment: 2022 Housing Legislation Round-Up - Reuben, Junius & Rose, LLP (2022 Cotati APR) 3/14/23, 2:37 PM 2022 Housing Legislation Round-Up - Reuben, Junius & Rose, LLP https://www.reubenlaw.com/2022-housing-legislation-round-up/ 3/6 SB 6 is intended to increase the development potential for middle-income housing by principally permitting housing developments that meet specific criteria in areas zoned for office, retail, or parking uses. Eligible developments are required to meet or exceed certain density thresholds established in the state’s Housing Element law, such as 30 units per acre in metropolitan settings or 20 units per acre in suburban settings. SB 6 projects must also meet certain prevailing wage and skilled and trained workforce requirements, although a development can be exempted from these in certain circumstances.
AB 2334. Density Bonus in Very Low Vehicle Travel Area
AB 2334 expands the available density bonus for 100% affordable housing developments in very low vehicle travel areas. A “very low vehicle travel area” is a transit analysis zone where existing residential development generates 85% or fewer vehicle miles traveled per capita than the regional area in which it is located. Qualifying density bonus projects are not subject to maximum density controls, are entitled to up to 4 development incentives, and may receive an additional three-stories of height. This additional density bonus is only available in the counties of the Bay Area, Sacramento, the Southern Coast, and Inland Empire. AB 2334 also clears up the grey area for application of the state density bonus in a form-based zoning district, requiring calculation of an “average unit size” multiplied by the density bonus amount to determine increase in floor area allowed.
AB 2653. Housing Element Reporting
AB 2653 alters some of the requirements for annual housing element reports cities must submit to the state. Cities must include greater detail, including the numbers of all new and demolished housing units in the jurisdiction, as well as data on all approved density bonus projects. AB 2653 also provides a mechanism for the state to request corrections and make referrals for enforcement.
AB 2668. SB 35 Streamlining Updates
AB 2668 amends SB 35 clarifying streamlined SB 35 projects are not subject to any non-legislative discretionary approval and that density bonus units are not considered when calculating whether a project satisfies SB 35’s affordability requirements. Further, the bill prohibits cities from denying an application for missing materials if there is enough information to allow a reasonable person to conclude the development is consistent with the applicable objective standards. AB 2668 also brings important change to how the Cortese List affects SB 35 eligibility. Placement on the Cortese List, which is the aggregate of the state’s decentralized hazardous waste sites databases, disqualifies a site
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Packet Pg. 904 Attachment: 2022 Housing Legislation Round-Up - Reuben, Junius & Rose, LLP (2022 Cotati APR) 3/14/23, 2:37 PM 2022 Housing Legislation Round-Up - Reuben, Junius & Rose, LLP https://www.reubenlaw.com/2022-housing-legislation-round-up/ 4/6 from SB 35, until it is cleared for residential use by the authority having jurisdiction. However, longstanding confusion over the mechanism of clearing a site meant that once a site was listed, it was effectively barred from SB 35 permanently, even if it had undergone extensive remediation. AB 2668 establishes specific criteria, documentation, and agency determinations that allow a “listed” site to qualify for SB 35.
AB 2221 & SB 897. ADU Law Updates
AB 2221 and SB 897 make a number of changes to existing ADU law to provide for greater development flexibility and ensure consistent and efficient project review. Under these bills, a city that denies an ADU application will be required to provide a full set of written comments that includes a list of all deficient items and details how the application can be remedied. These comments must be provided within the existing 60-day review period. Additionally, a city will be prohibited from denying an ADU application based on nonconforming zoning conditions, building code violations, or unpermitted structures that are not affected by the ADU construction and do not pose a threat to safety.
The bills also increase ADU development potential by restricting setbacks that prevent ADUs below a minimum floor area, increasing the minimum height limit for ADUs located near transit stops or attached to primary dwellings, and prohibiting owner-occupancy requirements until January 1, 2025.
Importantly, the addition of an ADU will no longer constitute a change of R occupancy under the building code such as from an R3 (single-family or duplex) to an R2 (multi-family), and will not trigger a requirement for fire sprinklers if not previously required.
AB 2234. Post-Entitlement Permit Processing
AB 2234 focuses on post-entitlement non-discretionary building permit processes atfer the planning process has concluded and environmental review is complete. AB 2234 requires local agencies to compile a list of information need to approve or deny a post-entitlement permit, a checklist and post an example of a completed, approved application. AB 2234 also sets timelines for review of postentitlement applications for housing projects: (a) for projects with 25 units or fewer, a local agency shall complete first review and comment within 30 days of an application completion; and (b) for projects with 26 or more units, a local agency shall complete first review and comment within 60 days of an application completion. These time limits are tolled if a local agency requires review of an application by an outside third-party reviewer. Failure to meet these timelines is a violation of the Housing Accountability Act.
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Packet Pg. 905 Attachment: 2022 Housing Legislation Round-Up - Reuben, Junius & Rose, LLP (2022 Cotati APR) 3/14/23, 2:37 PM 2022 Housing Legislation Round-Up - Reuben, Junius & Rose, LLP https://www.reubenlaw.com/2022-housing-legislation-round-up/ 5/6 Subscribe to Our Newsletter
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Authored by Reuben, Junius & Rose, LLP Attorneys Justin A. Zucker and Daniel J. Turner.
The issues discussed in this update are not intended to be legal advice and no attorney-client relationship is established with the recipient. Readers should consult with legal counsel before relying on any of the information contained herein. Reuben, Junius & Rose, LLP is a full service real estate law firm. We specialize in land use, development and entitlement law. We also provide a wide range of transactional services, including leasing, acquisitions and sales, formation of limited liability companies and other entities, lending/workout assistance, subdivision and condominium work. ← PREVIOUS POST NEXT POST →
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Packet Pg. 906 Attachment: 2022 Housing Legislation Round-Up - Reuben, Junius & Rose, LLP (2022 Cotati APR) 3/14/23, 2:37 PM 2022 Housing Legislation Round-Up - Reuben, Junius & Rose, LLP https://www.reubenlaw.com/2022-housing-legislation-round-up/ 6/6 FAX
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Packet Pg. 907 Attachment: 2022 Housing Legislation Round-Up - Reuben, Junius & Rose, LLP (2022 Cotati APR) Cotati City Council
Agenda Staff Report
Item type:
To: City Council
Subject: Information received after the agenda was posted.
Date: March 28, 2023
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
Information or written comments pertaining to this meeting, and which was received after the agenda was posted, is attached below.
Pursuant to City Council Policy 2021-01: City Council Rules section IV A., written Communications, interested persons or their authorized representative may address the Council by written communication on any matters concerning the City’s business, or any matters over which the Council has control.
1. To be considered for inclusion in the agenda packet, such written communication shall be delivered to the Deputy City Clerk no later than 11:00 a.m. of the Wednesday the week preceding the regular Council meeting for which such written communication is intended.
2. If received after the above date and time, but no later than noon the day before the meeting, written communications received by the Deputy City Clerk shall be posted on the website by the end of that day and notification provided to the electronic Agenda mailing list by the end of the day. All written communications received by the Deputy City Clerk by 5 pm on the City Council meeting day shall be made available to the City Council and public at the City Council meeting.
City Council Policy 2021-01 is available at the online meeting portal at www.cotaticity.org or by request from the Deputy City Clerk at 707-665-3622 or [email protected].
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