Cotati City Council Resolution xx Exhibit A
COTATI CITY COUNCIL RESOLUTION XX EXHIBIT A: CONFORMANCE OF HOUSING ELEMENT WITH STATE LAW REQUIREMENTS, ARTICLE 10.6 [65580 – 65589.11]
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
Section 65583
The housing element shall consist of an
identification and analysis of existing and
projected housing needs and a statement of
goals, policies, quantified objectives,
financial resources, and scheduled programs
for the preservation, improvement, and
development of housing.
4.2 Housing Needs Data
2.1 Housing Strategy
2.2 Quantified Objectives
4.3 Local Housing Programs and Resources
The housing element shall identify adequate
sites for housing, including rental housing,
factory-built housing, mobilehomes, and
emergency shelters, and shall make
adequate provision for the existing and
projected needs of all economic segments of
the community.
4.3.2 Zoning for a Variety of Housing Types
3.2 Projected Development and RHNA
Credit
3.3 Realistic Capacity of Sites Zoned for
Housing
The element shall contain all of the
following:
(a) An assessment of housing needs and an
inventory of resources and constraints
relevant to the meeting of these needs. The
assessment and inventory shall include all of
the following:
4.2 Housing Needs Data
4.4 Housing Constraints Analysis
Appendix E Housing Needs Data Report
(a)(1) An analysis of population and
employment trends and documentation of
projections
1.9 Changing Housing Needs and
Demographics
4.5.4 Economic Development and Job
Access
Appendix E Housing Needs Data Report
(a)(1) A quantification of the locality’s
existing and projected housing needs for all
income levels, including extremely low
income households, as defined in
subdivision (b) of Section 50105 and Section
50106 of the Health and Safety Code. These
existing and projected needs shall include
the locality’s share of the regional housing
need in accordance with Section 65584.
1.9.2 Household Incomes and Housing
Affordability
1.13 Regional Housing Needs Allocation
4.2.2 Housing Needs AnalysisAppendix E
Housing Needs Data Report
Cotati City Council Resolution xx Exhibit A
Local agencies shall calculate the subset of
very low income households allotted under
Section 65584 that qualify as extremely low
income households. The local agency may
either use available census data to calculate
the percentage of very low income
households that qualify as extremely low
income households or presume that 50
percent of the very low income households
qualify as extremely low income households.
The number of extremely low income
households and very low income households
shall equal the jurisdiction’s allocation of
very low income households pursuant to
Section 65584.
(a)(2) An analysis and documentation of
household characteristics, including level of
payment compared to ability to pay,
1.9.2 Household Incomes and Housing
Affordability
4.2.2 Housing Needs Analysis4.5.5
Disproportionate Housing Needs, Including
Displacement
(a)(2) housing characteristics, including
overcrowding, and
1.9 Changing Housing Needs and
Demographics
1.10 Characteristics of Housing Stock
4.5.5 Disproportionate Housing Needs,
Including Displacement
Appendix E Housing Needs Data Report
(a)(2) housing stock condition. 1.10 Characteristics of Housing Stock
4.5.5 Disproportionate Housing Needs,
Including DisplacementAppendix E Housing
Needs Data Report
Cotati City Council Resolution xx Exhibit A
(a)(3) An inventory of land suitable and
available for residential development,
including vacant sites and sites having
realistic and demonstrated potential for
redevelopment during the planning period
to meet the locality’s housing need for a
designated income level, and an analysis of
the relationship of zoning and public
facilities and services to these sites, and an
analysis of the relationship of the sites
identified in the land inventory to the
jurisdiction’s duty to affirmatively further
fair housing. Note: Please see Section
65583.2 regarding the land inventory.
3 Housing Sites
[Note that AB 2339 (Chapter 654, Statutes
of 2022) amended Section 65583(a)(4). It
does not apply to ABAG-area housing
elements unless the first draft of the
housing element is submitted to ABAG
after January 31, 2023 or a draft is
submitted after April 1, 2023. Therefore the
sections below include the statutory
provisions of Section 65583(a)(4) effective
in 2022. Jurisdictions adopting their
housing element after January 1, 2023
should describe why AB 2339 is not
applicable to them.]
AB 2339 is addressed in this draft
4.2.3 Zoning for a Variety of Housing Types
(a)(4)(A) The identification of a zone or
zones where emergency shelters are
allowed as a permitted use without a
conditional use or other discretionary
permit. The identified zone or zones shall
include sufficient capacity to accommodate
the need for emergency shelter identified in
paragraph (7), except that each local
government shall identify a zone or zones
that can accommodate at least one yearround emergency shelter.
4.2.3 Zoning for a Variety of Housing Types
(a)(4)(A) If the local government cannot
identify a zone or zones with sufficient
capacity, the local government shall include
Not applicable
Cotati City Council Resolution xx Exhibit A
a program to amend its zoning ordinance to
meet the requirements of this paragraph
within one year of the adoption of the
housing element. The local government may
identify additional zones where emergency
shelters are permitted with a conditional use
permit.
(a)(4)(A) The local government shall also
demonstrate that existing or proposed
permit processing, development, and
management standards are objective and
encourage and facilitate the development
of, or conversion to, emergency shelters.
4.2.3 Zoning for a Variety of Housing Types
(a)(4)(A) Emergency shelters may only be
subject to those development and
management standards that apply to
residential or commercial development
within the same zone except that a local
government may apply written, objective
standards that include all of the following:
(i) The maximum number of beds or persons
permitted to be served nightly by the
facility.
(ii) Sufficient parking to accommodate all
staff working in the emergency shelter,
provided that the standards do not require
more parking for emergency shelters than
other residential or commercial uses within
the same zone.
(iii) The size and location of exterior and
interior onsite waiting and client intake
areas.
(iv) The provision of onsite management.
(v) The proximity to other emergency
shelters, provided that emergency shelters
are not required to be more than 300 feet
apart.
(vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the
emergency shelter is in operation.
4.2.3 Zoning for a Variety of Housing Types
Cotati City Council Resolution xx Exhibit A
(a)(4)(B) The permit processing,
development, and management standards
applied under this paragraph shall not be
deemed to be discretionary acts within the
meaning of the California Environmental
Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources
Code).
4.2.3 Zoning for a Variety of Housing Types
(a)(4)(C) A local government that can
demonstrate to the satisfaction of the
department the existence of one or more
emergency shelters either within its
jurisdiction or pursuant to a
multijurisdictional agreement that can
accommodate that jurisdiction’s need for
emergency shelter identified in paragraph
(7) may comply with the zoning
requirements of subparagraph (A) by
identifying a zone or zones where new
emergency shelters are allowed with a
conditional use permit.
4.2.3 Zoning for a Variety of Housing Types
(a)(4)(D) A local government with an existing
ordinance or ordinances that comply with
this paragraph shall not be required to take
additional action to identify zones for
emergency shelters. The housing element
must only describe how existing ordinances,
policies, and standards are consistent with
the requirements of this paragraph.
4.2.3 Zoning for a Variety of Housing Types
(a)(5) An analysis of potential and actual
governmental constraints upon the
maintenance, improvement, or
development of housing for all income
levels, including the types of housing
identified in paragraph (1) of subdivision (c),
and [Note: The types of housing identified
in Section 65583(c)(1) include multifamily
rental housing, factory-built housing,
mobilehomes, housing for agricultural
employees, supportive housing, single4.2.3 Zoning for a Variety of Housing Types
4.4 Housing Constraints Analysis
Cotati City Council Resolution xx Exhibit A
room occupancy units, emergency shelters,
and transitional housing.]
(a)(5) for persons with disabilities as
identified in the analysis pursuant to
paragraph (7),
4.4.2 Potential Governmental Constraints
(a)(5) including land use controls, 4.4.2 Potential Governmental Constraints (a)(5) building codes and their enforcement, 4.4.2 Potential Governmental Constraints (a)(5) site improvements, 4.4.3 Environmental and Infrastructure Constraints
(a)(5) fees and other exactions required of
developers,
4.4.2 Potential Governmental Constraints
(a)(5) local processing and permit
procedures,
4.4.2 Potential Governmental Constraints
(a)(5) and any locally adopted ordinances
that directly impact the cost and supply of
residential development.
4.3.4 Planning and Zoning Incentives
(a)(5) The analysis shall also demonstrate
local efforts to remove governmental
constraints that hinder the locality from
meeting its share of the regional housing
need in accordance with Section 65584
4.4.2 Potential Governmental Constraints
(a)(5) and from meeting the need for
housing for persons with disabilities,
supportive housing, transitional housing,
and emergency shelters identified pursuant
to paragraph (7).
4.2.2 Housing Needs Analysis
4.2.3 Zoning for a Variety of Housing Types
4.4.2 Potential Governmental Constraints
(a)(6) An analysis of potential and actual
nongovernmental constraints upon the
maintenance, improvement, or
development of housing for all income
levels, including the availability of financing,
4.4.1 Non-Governmental Constraints
(a)(6) the price of land, 4.4.1 Non-Governmental Constraints (a)(6) the cost of construction, 4.4.1 Non-Governmental Constraints (a)(6) the requests to develop housing at
densities below those anticipated in the
analysis required by subdivision (c) of
Section 65583.2,
4.4.2 Potential Governmental Constraints
(a)(6) and the length of time between
receiving approval for a housing
development and submittal of an
application for building permits for that
4.4.1 Non-Governmental Constraints
Cotati City Council Resolution xx Exhibit A
housing development that hinder the
construction of a locality’s share of the
regional housing need in accordance with
Section 65584.
(a)(6) The analysis shall also 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.
4.4.1 Nongovernmental Constraints
(a)(7) An analysis of any special housing
needs, such as those of the
4.2.2 Housing Needs Analysis
(a)(7) elderly; 4.2.2 Housing Needs Analysis
(a)(7) persons with disabilities, including a
developmental disability, as defined in
Section 4512 of the Welfare and Institutions
Code;
4.2.2 Housing Needs Analysis
(a)(7) large families; 4.2.2 Housing Needs Analysis
(a)(7) farmworkers; 4.2.2 Housing Needs Analysis
(a)(7) families with female heads of
households;
4.2.2 Housing Needs Analysis
(a)(7) and families and persons in need of
emergency shelter.
4.2.2 Housing Needs Analysis
4.5.5 Disproportionate Housing Needs,
Including Displacement
4.2.3 Zoning for a Variety of Housing Types
(a)(7) The need for emergency shelter shall
be assessed based on the capacity necessary
to accommodate the most recent homeless
point-in-time count conducted before the
start of the planning period, the need for
emergency shelter based on number of beds
available on a year-round and seasonal
basis, the number of shelter beds that go
unused on an average monthly basis within
a one-year period, and the percentage of
those in emergency shelters that move to
permanent housing solutions.
4.2.2 Housing Needs Analysis
4.5.5 Disproportionate Housing Needs,
Including Displacement
4.2.3 Zoning for a Variety of Housing Types
(a)(7) The need for emergency shelter may
be reduced by the number of supportive
housing units that are identified in an
adopted 10-year plan to end chronic
Not required
Cotati City Council Resolution xx Exhibit A
homelessness and that are either vacant or
for which funding has been identified to
allow construction during the planning
period.
(a)(7) An analysis of special housing needs
by a city or county may include an analysis
of the need for frequent user coordinated
care housing services.
Not required
(a)(8) An analysis of opportunities for energy
conservation with respect to residential
development. Cities and counties are
encouraged to include weatherization and
energy efficiency improvements as part of
publicly subsidized housing rehabilitation
projects. This may include energy efficiency
measures that encompass the building
envelope, its heating and cooling systems,
and its electrical system.
Program 1-8: Residential Building
Decarbonization
(a)(9) An analysis of existing assisted housing
developments that are eligible to change
from low-income housing uses during the
next 10 years due to termination of subsidy
contracts, mortgage prepayment, or
expiration of restrictions on use. “Assisted
housing developments,” for the purpose of
this section, shall mean multifamily rental
housing that receives governmental
assistance under federal programs listed in
subdivision (a) of Section 65863.10, state
and local multifamily revenue bond
programs, local redevelopment programs,
the federal Community Development Block
Grant Program, or local in-lieu fees.
“Assisted housing developments” shall also
include multifamily rental units that were
developed pursuant to a local inclusionary
housing program or used to qualify for a
density bonus pursuant to Section 65915.
4.3.3 At-Risk Assisted Housing
Developments
Appendix E Housing Needs Data Packet
(a)(9)(A) The analysis shall include a listing of
each development by project name and
address, the type of governmental
No Projects at Risk
Cotati City Council Resolution xx Exhibit A
assistance received, the earliest possible
date of change from low-income use, and
the total number of elderly and nonelderly
units that could be lost from the locality’s
low-income housing stock in each year
during the 10-year period. For purposes of
state and federally funded projects, the
analysis required by this subparagraph need
only contain information available on a
statewide basis.
(a)(9)(B) The analysis shall estimate the total
cost of producing new rental housing that is
comparable in size and rent levels, to
replace the units that could change from
low-income use, and an estimated cost of
preserving the assisted housing
developments. This cost analysis for
replacement housing may be done
aggregately for each five-year period and
does not have to contain a project-byproject cost estimate.
No Projects at Risk
(a)(9)(C) The analysis shall identify public
and private nonprofit corporations known to
the local government that have legal and
managerial capacity to acquire and manage
these housing developments.
No Projects at Risk
(a)(9)(D) The analysis shall identify and
consider the use of all federal, state, and
local financing and subsidy programs that
can be used to preserve, for lower income
households, the assisted housing
developments, identified in this paragraph,
including, but not limited to, federal
Community Development Block Grant
Program funds, tax increment funds
received by a redevelopment agency of the
community, and administrative fees
received by a housing authority operating
within the community. In considering the
use of these financing and subsidy
programs, the analysis shall identify the
No Projects at Risk
4.3.1 Resources: Housing Assistance
Programs
Cotati City Council Resolution xx Exhibit A
amounts of funds under each available
program that have not been legally
obligated for other purposes and that could
be available for use in preserving assisted
housing developments.
(b) (1) A statement of the community’s
goals, quantified objectives, and policies
relative to affirmatively furthering fair
housing and to the maintenance,
preservation, improvement, and
development of housing.
2.2 Quantified Objectives
(2) It is recognized that the total housing
needs identified pursuant to subdivision (a)
may exceed available resources and the
community’s ability to satisfy this need
within the content of the general plan
requirements outlined in Article 5
(commencing with Section 65300). Under
these circumstances, the quantified
objectives need not be identical to the total
housing needs. The quantified objectives
shall establish the maximum number of
housing units by income category, including
extremely low income, that can be
constructed, rehabilitated, and conserved
over a five-year time period.
2.2 Quantified Objectives
(c) A program that sets forth a schedule of
actions during the planning period, each
with a timeline for implementation, that
may recognize that certain programs are
ongoing, such that there will be beneficial
impacts of the programs within the planning
period, that the local government is
undertaking or intends to undertake to
implement the policies and achieve the
goals and objectives of the housing element
2.1 Housing Strategy
(c) through the administration of land use
and development controls,
2.1 Housing Strategy
(c) the provision of regulatory concessions
and incentives,
2.1 Housing Strategy
Cotati City Council Resolution xx Exhibit A
(c) the utilization of appropriate federal and
state financing and subsidy programs when
available,
2.1 Housing Strategy
(c) and the utilization of moneys in a lowand moderate-income housing fund of an agency if the locality has established a
redevelopment project area pursuant to the
Community Redevelopment Law (Division 24
(commencing with Section 33000) of the
Health and Safety Code).
N/A
In order to make adequate provision for the
housing needs of all economic segments of
the community, the program shall do all of
the following:
2.1 Housing Strategy
(c)(1) Identify actions that will be taken to
make sites available during the planning
period with appropriate zoning and
development standards and with services
and facilities 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 sites
identified in the inventory completed
pursuant to paragraph (3) of subdivision (a)
without rezoning, and to comply with the
requirements of Section 65584.09.
2.1 Housing Strategy
(c)(1) Sites shall be identified as needed to
affirmatively further fair housing
2.1 Housing Strategy
3 Housing Sites
4.5.7 Housing Sites and AFFH Considerations
(c)(1) and to facilitate and encourage the
development of a variety of types of housing
for all income levels, including multifamily
rental housing,
2.1 Housing Strategy
3 Housing Sites
4.3.2 Provisions for a Variety of Housing
Types
(c)(1) factory-built housing, 2.1 Housing Strategy
3 Housing Sites
4.3.2 Provisions for a Variety of Housing
Types
(c)(1) mobilehomes, 2.1 Housing Strategy
3 Housing Sites
4.3.2 Provisions for a Variety of Housing
Types
Cotati City Council Resolution xx Exhibit A
(c)(1) housing for agricultural employees, 2.1 Housing Strategy 3 Housing Sites
4.3.2 Provisions for a Variety of Housing
Types
(c)(1) supportive housing, 2.1 Housing Strategy
3 Housing Sites
4.3.2 Provisions for a Variety of Housing
Types
(c)(1) single-room occupancy units, 2.1 Housing Strategy 3 Housing Sites
4.3.2 Provisions for a Variety of Housing
Types
(c)(1) emergency shelters, 2.1 Housing Strategy
3 Housing Sites
4.3.2 Provisions for a Variety of Housing
Types
(c)(1) and transitional housing. 2.1 Housing Strategy
3 Housing Sites
4.3.2 Provisions for a Variety of Housing
Types
(c)(1)(A) Where the inventory of sites,
pursuant to paragraph (3) of subdivision (a),
does not identify adequate sites to
accommodate the need for groups of all
household income levels pursuant to Section
65584, rezoning of those sites, including
adoption of minimum density and
development standards, for jurisdictions
with an eight-year housing element planning
period pursuant to Section 65588, shall be
completed no later than three years after
either the date the housing element is
adopted pursuant to subdivision (f) of
Section 65585 or the date that is 90 days
after receipt of comments from the
department pursuant to subdivision (b) of
Section 65585, whichever is earlier, unless
the deadline is extended pursuant to
subdivision (f). Notwithstanding the
foregoing, for a local government that fails
to adopt a housing element that the
2.1 Housing Strategy
3 Housing Sites
3.4 Programs to Assist in the Development
of Housing
Cotati City Council Resolution xx Exhibit A
department has found to be in substantial
compliance with this article within 120 days
of the statutory deadline in Section 65588
for adoption of the housing element,
rezoning of those sites, including adoption
of minimum density and development
standards, shall be completed no later than
one year from the statutory deadline in
Section 65588 for adoption of the housing
element.
(c)(1)(B) Where the inventory of sites,
pursuant to paragraph (3) of subdivision (a),
does not identify adequate sites to
accommodate the need for groups of all
household income levels pursuant to Section
65584, the program shall identify sites that
can be developed for housing within the
planning period pursuant to subdivision (h)
of Section 65583.2. The identification of
sites shall include all components specified
in Section 65583.2. Note: Please see Section
65583.2 regarding the land inventory and
conformance with subdivision (h).
2.1 Housing Strategy
3 Housing Sites
3.4 Programs to Assist in the Development
of Housing
(c)(1)(C) Where the inventory of sites
pursuant to paragraph (3) of subdivision (a)
does not identify adequate sites to
accommodate the need for farmworker
housing, the program shall provide for
sufficient sites to meet the need with zoning
that permits farmworker housing use by
right, including density and development
standards that could accommodate and
facilitate the feasibility of the development
of farmworker housing for low- and very low
income households.
2.1 Housing Strategy
3 Housing Sites
3.4 Programs to Assist in the Development
of Housing
4.3.2 Provisions for a Variety of Housing
Types
(c)(2) Assist in the development of adequate
housing to meet the needs of extremely low,
very low, low-, and moderate-income
households.
2.1 Housing Strategy
3.4 Programs to Assist in the Development
of Housing
(c)(3) Address and, where appropriate and
legally possible, remove governmental and
2.1 Housing Strategy
Cotati City Council Resolution xx Exhibit A
nongovernmental constraints to the
maintenance, improvement, and
development of housing, including housing
for all income levels
(c)(3) and housing for persons with
disabilities. The program shall remove
constraints to, and provide reasonable
accommodations for housing designed for,
intended for occupancy by, or with
supportive services for, persons with
disabilities.
2.1 Housing Strategy
(c)(3) Transitional housing and supportive
housing shall be considered a residential use
of property and shall be subject only to
those restrictions that apply to other
residential dwellings of the same type in the
same zone.
2.1 Housing Strategy
(c)(3)Supportive housing, as defined in
Section 65650, shall be a use by right in all
zones where multifamily and mixed uses are
permitted, as provided in Article 11
(commencing with Section 65650).
2.1 Housing Strategy
(c)(4) Conserve and improve the condition of
the existing affordable housing stock, which
may include addressing ways to mitigate the
loss of dwelling units demolished by public
or private action.
2.1 Housing Strategy
(c)(5) Promote and affirmatively further fair
housing opportunities and promote housing
throughout the community or communities
for all persons regardless of race, religion,
sex, marital status, ancestry, national origin,
color, familial status, or disability, and other
characteristics protected by the California
Fair Employment and Housing Act (Part 2.8
(commencing with Section 12900) of
Division 3 of Title 2), Section 65008, and any
other state and federal fair housing and
planning law.
2.1 Housing Strategy
(c)(6) Preserve for lower income households
the assisted housing developments
2.1 Housing Strategy
Cotati City Council Resolution xx Exhibit A
identified pursuant to paragraph (9) of
subdivision (a).
(c)(6) The program for preservation of the
assisted housing developments shall utilize,
to the extent necessary, all available federal,
state, and local financing and subsidy
programs identified in paragraph (9) of
subdivision (a), except where a community
has other urgent needs for which alternative
funding sources are not available.
2.1 Housing Strategy
(c)(6) The program may include strategies
that involve local regulation and technical
assistance.
2.1 Housing Strategy
(c)(7) Develop a plan that incentivizes and
promotes the creation of accessory dwelling
units that can be offered at affordable rent,
as defined in Section 50053 of the Health
and Safety Code, for very low, low-, or
moderate-income households. For purposes
of this paragraph, “accessory dwelling units”
has the same meaning as “accessory
dwelling unit” as defined in paragraph (4) of
subdivision (i) of Section 65852.2.\
2.1 Housing Strategy
(c)(8) Include an identification of the
agencies and officials responsible for the
implementation of the various actions and
the means by which consistency will be
achieved with other general plan elements
and community goals.
2.1 Housing Strategy
(c)(9) Include a diligent effort by the local
government to achieve public participation
of all economic segments of the community
in the development of the housing element,
and the program shall describe this effort.
1.4 Public Participation
Appendix C: Community Engagement &
Input
Appendix D: Community Survey Results
(c)(10)(A) Affirmatively further fair housing
in accordance with Chapter 15 (commencing
with Section 8899.50) of Division 1 of Title 2.
The program shall include an assessment of
fair housing in the jurisdiction that shall
include all of the following components:
4.5 Assessment of Fair Housing
Cotati City Council Resolution xx Exhibit A
(c)(10)(A)(i) A summary of fair housing issues
in the jurisdiction
4.5.6 Summary of Fair Housing Goals and
Priorities Based on Identified Contributing
Factors
(c)(10)(A)(i) and an assessment of the
jurisdiction’s fair housing enforcement and
fair housing outreach capacity.
4.5.2 Fair Housing Enforcement and
Outreach Capacity
(c)(10)(A)(ii) An analysis of available federal,
state, and local data and knowledge to
identify integration and segregation patterns
and trends,
4.5.3 Segregation and Integration Patterns
and Trends
(c)(10)(A)(ii)racially or ethnically
concentrated areas of poverty and
affluence,
4.5.3 Segregation and Integration Patterns
and Trends
(c)(10)(A)(ii) disparities in access to
opportunity,
4.5.4 Disparities in Access to Opportunities
(c)(10)(A)(ii) and disproportionate housing
needs,
4.5.5 Disproportionate Housing Needs,
Including Displacement
(c)(10)(A)(ii) including displacement risk. 4.5.5 Disproportionate Housing Needs, Including Displacement
(c)(10)(A)(ii) The analysis shall identify and
examine such patterns, trends, areas,
disparities, and needs, both within the
jurisdiction.
4.5 Assessment of Fair Housing
(c)(10)(A)(ii) and comparing the jurisdiction
to the region in which it is located, based on
race and other characteristics protected by
the California Fair Employment and Housing
Act (Part 2.8 (commencing with Section
12900) of Division 3 of Title 2) and Section
65008.
4.5 Assessment of Fair Housing
(c)(10)(A)(iii) An assessment of the
contributing factors, including the local and
regional historical origins
4.5.6 Summary of Fair Housing Goals and
Priorities Based on Identified Contributing
Factors
(c)(10)(A)(iii) and current policies and
practices, for the fair housing issues
identified under clauses (i) and (ii).
4.5.6 Summary of Fair Housing Goals and
Priorities Based on Identified Contributing
Factors
(c)(10)(A)(iv) An identification of the
jurisdiction’s fair housing priorities and
goals, giving highest priority to those factors
identified in clause (iii) that limit or deny fair
housing choice or access to opportunity, or
4.5.6 Summary of Fair Housing Goals and
Priorities Based on Identified Contributing
Factors
Cotati City Council Resolution xx Exhibit A
negatively impact fair housing or civil rights
compliance,
(c)(10)(A)(iv) and identifying the metrics and
milestones for determining what fair
housing results will be achieved.
2.1 Housing Strategy
(c)(10)(A)(v) Strategies and actions to
implement those priorities and goals, which
may include, but are not limited to,
enhancing mobility strategies
4.5.6 Summary of Fair Housing Goals and
Priorities Based on Identified Contributing
Factors
2.1 Housing Strategy
(c)(10)(A)(v) and encouraging development
of new affordable housing in areas of
opportunity,
4.5.6 Summary of Fair Housing Goals and
Priorities Based on Identified Contributing
Factors
2.1 Housing Strategy
(c)(10)(A)(v) as well as place-based
strategies to encourage community
revitalization, including preservation of
existing affordable housing,
.5.6 Summary of Fair Housing Goals and
Priorities Based on Identified Contributing
Factors
2.1 Housing Strategy
(c)(10)(A)(v) and protecting existing
residents from displacement.
.5.6 Summary of Fair Housing Goals and
Priorities Based on Identified Contributing
Factors
2.1 Housing Strategy
(c)(10)(B) A jurisdiction that completes or
revises an assessment of fair housing
pursuant to Subpart A (commencing with
Section 5.150) of Part 5 of Subtitle A of Title
24 of the Code of Federal Regulations, as
published in Volume 80 of the Federal
Register, Number 136, page 42272, dated
July 16, 2015, or an analysis of impediments
to fair housing choice in accordance with the
requirements of Section 91.225 of Title 24 of
the Code of Federal Regulations in effect
before August 17, 2015, may incorporate
relevant portions of that assessment or
revised assessment of fair housing or
analysis or revised analysis of impediments
to fair housing into its housing element.
4.5 Assessment of Fair Housing
(c)(10)(C) The requirements of this
paragraph shall apply to housing elements
due to be revised pursuant to Section 65588
on or after January 1, 2021.
4.5 Assessment of Fair Housing
Cotati City Council Resolution xx Exhibit A
(d)(1) A local government may satisfy all or
part of its requirement to identify a zone or
zones suitable for the development of
emergency shelters pursuant to paragraph
(4) of subdivision (a) by adopting and
implementing a multijurisdictional
agreement, with a maximum of two other
adjacent communities, that requires the
participating jurisdictions to develop at least
one year-round emergency shelter within
two years of the beginning of the planning
period.
Not required and not utilized.
(d)(2) The agreement shall allocate a portion
of the new shelter capacity to each
jurisdiction as credit toward its emergency
shelter need, and each jurisdiction shall
describe how the capacity was allocated as
part of its housing element.
Not required and not utilized.
(d)(3) Each member jurisdiction of a
multijurisdictional agreement shall describe
in its housing element all of the following:
Not required and not utilized.
(d)(3)(A) How the joint facility will meet the
jurisdiction’s emergency shelter need.
(d)(3)(B) The jurisdiction’s contribution to
the facility for both the development and
ongoing operation and management of the
facility.
(d)(3)(C) The amount and source of the
funding that the jurisdiction contributes to
the facility.
Not required and not utilized.
(d)(4) The aggregate capacity claimed by the
participating jurisdictions in their housing
elements shall not exceed the actual
capacity of the shelter.
Not required and not utilized.
(e) Except as otherwise provided in this
article, amendments to this article that alter
the required content of a housing element
shall apply to both of the following: [Note
that this provision is applicable to AB 2339
(Chapter 654, Statutes of 2022), which
4.2.3 Zoning for a Variety of Housing Types
Cotati City Council Resolution xx Exhibit A
amended Section 65583(a)(4). Jurisdictions
adopting their housing element after
January 1, 2023 should describe why this
amendment is not applicable to them.]
(1) A housing element or housing element
amendment prepared pursuant to
subdivision (e) of Section 65588 or Section
65584.02, when a city, county, or city and
county submits a draft to the department
for review pursuant to Section 65585 more
than 90 days after the effective date of the
amendment to this section.
4.2.3 Zoning for a Variety of Housing Types
(2) Any housing element or housing element
amendment prepared pursuant to
subdivision (e) of Section 65588 or Section
65584.02, when the city, county, or city and
county fails to submit the first draft to the
department before the due date specified in
Section 65588 or 65584.02.
4.2.3 Zoning for a Variety of Housing Types
(f) – (j): Not applicable
Section 65583.1(a)
(a) The Department of Housing and
Community Development, in evaluating a
proposed or adopted housing element for
substantial compliance with this article, …
may also allow a city or county to identify
sites for accessory dwelling units based on
the number of accessory dwelling units
developed in the prior housing element
planning period whether or not the units are
permitted by right, the need for these units
in the community, the resources or
incentives available for their development,
and any other relevant factors, as
determined by the department.
3.2.1 ADUs and JADUs
(b) Sites that contain permanent housing
units located on a military base undergoing
closure or conversion as a result of action
pursuant to the Defense Authorization
Amendments and Base Closure and
Realignment Act (Public Law 100-526), the
Not required and not utilized.
Cotati City Council Resolution xx Exhibit A
Defense Base Closure and Realignment Act
of 1990 (Public Law 101-510), or any
subsequent act requiring the closure or
conversion of a military base may be
identified as an adequate site if the housing
element demonstrates that the housing
units will be available for occupancy by
households within the planning period of
the element. No sites containing housing
units scheduled or planned for demolition or
conversion to nonresidential uses shall
qualify as an adequate site.
Section 65583.2
(a) A city’s or county’s inventory of land
suitable for residential development
pursuant to paragraph (3) of subdivision (a)
of Section 65583 shall be used to identify
sites throughout the community, consistent
with paragraph (10) of subdivision (c) of
Section 65583,
3.3 Realistic Capacity of Sites Zoned for
Housing
(a) that can be developed for housing within
the planning period and that are sufficient
to provide for the jurisdiction’s share of the
regional housing need for all income levels
pursuant to Section 65584. As used in this
section, “land suitable for residential
development” includes all of the following
sites that meet the standards set forth in
subdivisions (c) and (g):
3.3 Realistic Capacity of Sites Zoned for
Housing
(a)(1) Vacant sites zoned for residential use. 3.3.1 Vacant Sites (a)(2) Vacant sites zoned for nonresidential
use that allows residential development.
3.3.1 Vacant Sites
(a)(3) Residentially zoned sites that are
capable of being developed at a higher
density, including sites owned or leased by a
city, county, or city and county
3.3.2 Non-Vacant Sites
(a)(4) Sites zoned for nonresidential use that
can be redeveloped for residential use, and
for which the housing element includes a
program to rezone the site, as necessary,
rezoned for, to permit residential use,
3.3.2 Non-Vacant Sites
Cotati City Council Resolution xx Exhibit A
including sites owned or leased by a city,
county, or city and county.
(b) The inventory of land shall include all of
the following:
3.3 Realistic Capacity of Sites Zoned for
Housing
Appendix B: Sites Inventory
(b)(1) A listing of properties by assessor
parcel number.
3.3 Realistic Capacity of Sites Zoned for
Housing
Appendix B: Sites Inventory
(b)(2) The size of each property listed
pursuant to paragraph (1), and the general
plan designation and zoning of each
property.
3.3 Realistic Capacity of Sites Zoned for
Housing
Appendix B: Sites Inventory
(b)(3) For nonvacant sites, a description of
the existing use of each property.
3.3.2 Non-Vacant Sites Appendix
B: Sites Inventory
(b)(3) If a site subject to this paragraph is
owned by the city or county, the description
shall also include whether there are any
plans to dispose of the property during the
planning period and how the city or county
will comply with Article 8 (commencing with
Section 54220) of Chapter 5 of Part 1 of
Division 2 of Title 5.
Not required and not utilized.
(b)(4) A general description of any
environmental constraints to the
development of housing within the
jurisdiction, the documentation for which
has been made available to the jurisdiction.
This information need not be identified on a
site-specific basis.
3.8 Environmental Considerations
4.4.3 Environmental and Infrastructure
Constraints
(b)(5)(A) A description of existing or planned
water, sewer, and other dry utilities supply,
including the availability and access to
distribution facilities.
3.7 Infrastructure Considerations
4.4.3 Environmental and Infrastructure
Constraints
B: Sites Inventory
(b)(5)(B) Parcels included in the inventory
must have sufficient water, sewer, and dry
utilities supply available and accessible to
support housing development or be
included in an existing general plan program
or other mandatory program or plan,
including a program or plan of a public or
private entity providing water or sewer
3.7 Infrastructure Considerations
4.4.3 Environmental and Infrastructure
Constraints
B: Sites Inventory
Cotati City Council Resolution xx Exhibit A
service, to secure sufficient water, sewer,
and dry utilities supply to support housing
development. This paragraph does not
impose any additional duty on the city or
county to construct, finance, or otherwise
provide water, sewer, or dry utilities to
parcels included in the inventory.
(b)(6) Sites identified as available for
housing for above moderate-income
households in areas not served by public
sewer systems. This information need not be
identified on a site-specific basis.
All housing sites identified for all income
levels have access to public sewer systems.
Not applicable.
(b)(7) A map that shows the location of the
sites included in the inventory, such as the
land use map from the jurisdiction’s general
plan, for reference purposes only.
3.3 Realistic Capacity of Sites Zoned for
Housing
Figure 15
(c) Based on the information provided in
subdivision (b), a city or county shall
determine whether each site in the
inventory can accommodate the
development of some portion of its share of
the regional housing need by income level
during the planning period, as determined
pursuant to Section 65584. The inventory
shall specify for each site the number of
units that can realistically be accommodated
on that site and whether the site is adequate
to accommodate lower income housing,
moderate-income housing, or above
moderate-income housing.
3.3.3 Sites Suitability Analysis
(c) A nonvacant site identified pursuant to
paragraph (3) or (4) of subdivision (a) in a
prior housing element and a vacant site that
has been included in two or more
consecutive planning periods that was not
approved to develop a portion of the
locality’s housing need shall not be deemed
adequate to accommodate a portion of the
housing need for lower income households
that must be accommodated in the current
housing element planning period unless the
3.3.3 Sites Suitability Analysis
3.4 Programs to Assist in the Development
of Housing
2.2 Housing Strategy
Program 3-1: Sites Used in Multiple Planning
Periods
Cotati City Council Resolution xx Exhibit A
site is zoned at residential densities
consistent with paragraph (3) of this
subdivision and the site is subject to a
program in the housing element requiring
rezoning within three years of the beginning
of the planning period to allow residential
use by right for housing developments in
which at least 20 percent of the units are
affordable to lower income households. An
unincorporated area in a nonmetropolitan
county pursuant to clause (ii) of
subparagraph (B) of paragraph (3) shall not
be subject to the requirements of this
subdivision to allow residential use by right.
(c) Notwithstanding the foregoing, for a local
government that fails to adopt a housing
element that the department has found to
be in substantial compliance with state law
within 120 days of the statutory deadline in
Section 65588 for adoption of the housing
element, rezoning pursuant to this
subdivision shall be completed no later than
one year from the statutory deadline in
Section 65588 for adoption of the housing
element.
2.2 Housing Strategy
(c) The analysis shall determine whether the
inventory can provide for a variety of types
of housing, including multifamily rental
housing,
4.2.3 Zoning for a Variety of Housing Types
(c) factory-built housing, mobilehomes, 4.2.3 Zoning for a Variety of Housing Types (c) housing for agricultural employees,
supportive housing,
4.2.3 Zoning for a Variety of Housing Types
(c) single-room occupancy units, 4.2.3 Zoning for a Variety of Housing Types (c) emergency shelters, and 4.2.3 Zoning for a Variety of Housing Types (c) transitional housing 4.2.3 Zoning for a Variety of Housing Types (c) and whether the inventory affirmatively
furthers fair housing .
3.6 Fair Housing Considerations
4.5.7 Housing Sites and AFFH Considerations
(c) The city or county shall determine the
number of housing units that can be
accommodated on each site as follows:
3.3 Realistic Capacity of Sites Zoned for
Housing
Cotati City Council Resolution xx Exhibit A
(c)(1) If local law or regulations require the
development of a site at a minimum density,
the department shall accept the planning
agency’s calculation of the total housing unit
capacity on that site based on the
established minimum density. If the city or
county does not adopt a law or regulation
requiring the development of a site at a
minimum density, then it shall demonstrate
how the number of units determined for
that site pursuant to this subdivision will be
accommodated.
3.3 Realistic Capacity of Sites Zoned for
Housing
(c)(2) The number of units calculated
pursuant to paragraph (1) shall be adjusted
as necessary, based on the land use controls
and site improvements requirement
identified in paragraph (5) of subdivision (a)
of Section 65583,
3.3 Realistic Capacity of Sites Zoned for
Housing
4.4.2 Potential Governmental Constraints
(c)(2) the realistic development capacity for
the site,
3.3 Realistic Capacity of Sites Zoned for
Housing
3.5 Development Trends and Realistic
Capacity Analysis
(c)(2) typical densities of existing or
approved residential developments at a
similar affordability level in that jurisdiction,
3.3 Realistic Capacity of Sites Zoned for
Housing
3.5 Development Trends and Realistic
Capacity Analysis
4.4.2 Potential Governmental Constraints
(c)(2) and on the current or planned
availability and accessibility of sufficient
water, sewer, and dry utilities.
3.3 Realistic Capacity of Sites Zoned for
Housing
3.7 Infrastructure Considerations
(c)(2)(A) A site smaller than half an acre shall
not be deemed adequate to accommodate
lower income housing need unless the
locality can demonstrate that sites of
equivalent size were successfully developed
during the prior planning period for an
equivalent number of lower income housing
units as projected for the site or unless the
locality provides other evidence to the
3.3 Realistic Capacity of Sites Zoned for
Housing
Cotati City Council Resolution xx Exhibit A
department that the site is adequate to
accommodate lower income housing.
(c)(2)(B) A site larger than 10 acres shall not
be deemed adequate to accommodate
lower income housing need unless the
locality can demonstrate that sites of
equivalent size were successfully developed
during the prior planning period for an
equivalent number of lower income housing
units as projected for the site or unless the
locality provides other evidence to the
department that the site can be developed
as lower income housing.
3.3 Realistic Capacity of Sites Zoned for
Housing
3.5 Development Trends and Realistic
Capacity Analysis
(c)(2)(B) For purposes of this subparagraph,
“site” means that portion of a parcel or
parcels designated to accommodate lower
income housing needs pursuant to this
subdivision.
3.3 Realistic Capacity of Sites Zoned for
Housing
(c)(2)(C) A site may be presumed to be
realistic for development to accommodate
lower income housing need if, at the time of
the adoption of the housing element, a
development affordable to lower income
households has been proposed and
approved for development on the site.
3.3 Realistic Capacity of Sites Zoned for
Housing
(c)(3) For the number of units calculated to
accommodate its share of the regional
housing need for lower income households
pursuant to paragraph (2), a city or county
shall do either of the following:
3.3 Realistic Capacity of Sites Zoned for
Housing
(c)(3)(A) Provide an analysis demonstrating
how the adopted densities accommodate
this need. The analysis shall include, but is
not limited to, factors such as market
demand, financial feasibility, or information
based on development project experience
within a zone or zones that provide housing
for lower income households.
3.3 Realistic Capacity of Sites Zoned for
Housing
(c)(3)(B) The following densities shall be
deemed appropriate to accommodate
housing for lower income households:
3.3 Realistic Capacity of Sites Zoned for
Housing
Cotati City Council Resolution xx Exhibit A
(i) For an incorporated city within a
nonmetropolitan county and for a
nonmetropolitan county that has a
micropolitan area: sites allowing at least 15
units per acre.
(ii) For an unincorporated area in a
nonmetropolitan county not included in
clause (i): sites allowing at least 10 units per
acre.
(iii) For a suburban jurisdiction: sites
allowing at least 20 units per acre.
(iv) For a jurisdiction in a metropolitan
county: sites allowing at least 30 units per
acre.
(4)(A) For a metropolitan jurisdiction: 3.3 Realistic Capacity of Sites Zoned for Housing
(4)(A)(i) At least 25 percent of the
jurisdiction’s share of the regional housing
need for moderate-income housing shall be
allocated to sites with zoning that allows at
least 4 units of housing, but not more than
100 units per acre of housing.
3.3 Realistic Capacity of Sites Zoned for
Housing
(4)(A)(ii) At least 25 percent of the
jurisdiction’s share of the regional housing
need for above moderate-income housing
shall be allocated to sites with zoning that
allows at least 4 units of housing.
3.3 Realistic Capacity of Sites Zoned for
Housing
(B) The allocation of moderate-income and
above moderate-income housing to sites
pursuant to this paragraph shall not be a
basis for the jurisdiction to do either of the
following:
(i) Deny a project that does not comply with
the allocation.
(ii) Impose a price minimum, price
maximum, price control, or any other
exaction or condition of approval in lieu
thereof. This clause does not prohibit a
jurisdiction from imposing any price
minimum, price maximum, price control,
3.3 Realistic Capacity of Sites Zoned for
Housing
Cotati City Council Resolution xx Exhibit A
exaction, or condition in lieu thereof,
pursuant to any other law.
(iii) The provisions of this subparagraph do
not constitute a change in, but are
declaratory of, existing law with regard to
the allocation of sites pursuant to this
section.
(C) This paragraph does not apply to an
unincorporated area.
No response needed.
(D) For purposes of this paragraph: No response needed. (i) “Housing development project” has the
same meaning as defined in paragraph (2) of
subdivision (h) of Section 65589.5.
Definition; no response needed.
(ii) “Unit of housing” does not include an
accessory dwelling unit or junior accessory
dwelling unit that could be approved
pursuant to Section 65852.2 or Section
65852.22 or through a local ordinance or
other provision implementing either of
those sections. This paragraph shall not limit
the ability of a local government to count
the actual production of accessory dwelling
units or junior accessory dwelling units in an
annual progress report submitted pursuant
to Section 65400 or other progress report as
determined by the department.
No response needed.
(E) Nothing in this subdivision shall preclude
the subdivision of a parcel, provided that the
subdivision is subject to the Subdivision Map
Act (Division 2 (commencing with Section
66410)) or any other applicable law
authorizing the subdivision of land.
No response needed.
(d) For purposes of this section, a
metropolitan county, nonmetropolitan
county, and nonmetropolitan county with a
micropolitan area shall be as determined by
the United States Census Bureau. A
nonmetropolitan county with a micropolitan
area includes the following counties: Del
Norte, Humboldt, Lake, Mendocino, Nevada,
Tehama, and Tuolumne and other counties
No response needed.
Cotati City Council Resolution xx Exhibit A
as may be determined by the United States
Census Bureau to be nonmetropolitan
counties with micropolitan areas in the
future.
(e) (1) Except as provided in paragraph (2), a
jurisdiction shall be considered suburban if
the jurisdiction does not meet the
requirements of clauses (i) and (ii) of
subparagraph (B) of paragraph (3) of
subdivision (c) and is located in a
Metropolitan Statistical Area (MSA) of less
than 2,000,000 in population, unless that
jurisdiction’s population is greater than
100,000, in which case it shall be considered
metropolitan. A county, not including the
City and County of San Francisco, shall be
considered suburban unless the county is in
an MSA of 2,000,000 or greater in
population in which case the county shall be
considered metropolitan.
No response needed.
(2)(A)(i) Notwithstanding paragraph (1), if a
county that is in the San Francisco-OaklandFremont California MSA has a population of less than 400,000, that county shall be
considered suburban. If this county includes
an incorporated city that has a population of
less than 100,000, this city shall also be
considered suburban. This paragraph shall
apply to a housing element revision cycle, as
described in subparagraph (A) of paragraph
(3) of subdivision (e) of Section 65588, that
is in effect from July 1, 2014, to December
31, 2028, inclusive.
No response needed.
(2)(A)(ii) A county subject to this
subparagraph shall utilize the sum existing in
the county’s housing trust fund as of June
30, 2013, for the development and
preservation of housing affordable to lowand very low income households.
No response needed.
(2)(B) A jurisdiction that is classified as
suburban pursuant to this paragraph shall
No response needed.
Cotati City Council Resolution xx Exhibit A
report to the Assembly Committee on
Housing and Community Development, the
Senate Committee on Housing, and the
Department of Housing and Community
Development regarding its progress in
developing low- and very low income
housing consistent with the requirements of
Section 65400. The report shall be provided
three times: once, on or before December
31, 2019, which report shall address the
initial four years of the housing element
cycle, a second time, on or before December
31, 2023, which report shall address the
subsequent four years of the housing
element cycle, and a third time, on or before
December 31, 2027, which report shall
address the subsequent four years of the
housing element cycle and the cycle as a
whole. The reports shall be provided
consistent with the requirements of Section
9795.
(f) A jurisdiction shall be considered
metropolitan if the jurisdiction does not
meet the requirements for “suburban area”
above and is located in an MSA of 2,000,000
or greater in population, unless that
jurisdiction’s population is less than 25,000
in which case it shall be considered
suburban.
(g)(1) For sites described in paragraph (3) of
subdivision (b) [non-vacant sites], the city or
county shall specify the additional
development potential for each site within
the planning period and shall provide an
explanation of the methodology used to
determine the development potential.
3.3.2 Non-Vacant Sites
3.3.3 Sites Suitability Analysis
(g)(1) The methodology shall consider
factors including the extent to which existing
uses may constitute an impediment to
additional residential development,
3.3.2 Non-Vacant Sites
3.3.3 Sites Suitability Analysis
Cotati City Council Resolution xx Exhibit A
(g)(1) the city’s or county’s past experience
with converting existing uses to higher
density residential development,
3.3.2 Non-Vacant Sites
3.3.3 Sites Suitability Analysis
3.5 Development Trends and Realistic
Capacity Analysis
(g)(1) the current market demand for the
existing use,
3.3.2 Non-Vacant Sites
3.3.3 Sites Suitability Analysis
(g)(1) an analysis of any existing leases or
other contracts that would perpetuate the
existing use or prevent redevelopment of
the site for additional residential
development,
3.3.2 Non-Vacant Sites
3.3.3 Sites Suitability Analysis
(g)(1) development trends, 3.3.2 Non-Vacant Sites
3.3.3 Sites Suitability Analysis
3.5 Development Trends and Realistic
Capacity Analysis
(g)(1) market conditions, 3.3.2 Non-Vacant Sites
3.3.3 Sites Suitability Analysis
(g)(1) and regulatory or other incentives or
standards to encourage additional
residential development on these sites.
3.3.2 Non-Vacant Sites
3.3.3 Sites Suitability Analysis
4.3 Local Housing Programs & Resources
(g)(2) In addition to the analysis required in
paragraph (1), when a city or county is
relying on nonvacant sites described in
paragraph (3) of subdivision (b) to
accommodate 50 percent or more of its
housing need for lower income households,
the methodology used to determine
additional development potential shall
demonstrate that the existing use identified
pursuant to paragraph (3) of subdivision (b)
does not constitute an impediment to
additional residential development during
the period covered by the housing element.
An existing use shall be presumed to impede
additional residential development, absent
findings based on substantial evidence that
the use is likely to be discontinued during
the planning period.
Not relevant.
(g)(3) Notwithstanding any other law, and in
addition to the requirements in paragraphs
(1) and (2), sites that currently have
3.3.2 Non-Vacant Sites
3.3.3 Sites Suitability Analysis
2.2 Housing Strategy
Cotati City Council Resolution xx Exhibit A
residential uses, or within the past five years
have had residential uses that have been
vacated or demolished, that are or were
subject to a recorded covenant, ordinance,
or law that restricts rents to levels
affordable to persons and families of low or
very low income, subject to any other form
of rent or price control through a public
entity’s valid exercise of its police power, or
occupied by low or very low income
households, shall be subject to a policy
requiring the replacement of all those units
affordable to the same or lower income
level as a condition of any development on
the site. Replacement requirements shall be
consistent with those set forth in paragraph
(3) of subdivision (c) of Section 65915.
Program 4-1: Anti-Displacement Actions
(h) The program required by subparagraph
(A) of paragraph (1) of subdivision (c) of
Section 65583 shall accommodate 100
percent of the need for housing for very low
and low-income households allocated
pursuant to Section 65584 for which site
capacity has not been identified in the
inventory of sites pursuant to paragraph (3)
of subdivision (a) on sites that shall be zoned
to permit owner-occupied and rental
multifamily residential use by right for
developments in which at least 20 percent
of the units are affordable to lower income
households during the planning period.
3.3 Realistic Capacity of Sites Zoned for
Housing
3.4 Programs to Assist in the Development
Of Housing
(h) These sites shall be zoned with minimum
density and development standards that
permit at least
3.4 Programs to Assist in the Development
Of Housing
(h) 16 units per site at a density of at least
16 units per acre in jurisdictions described in
clause (i) of subparagraph (B) of paragraph
(3) of subdivision (c),
3.4 Programs to Assist in the Development
Of Housing
(h) shall be at least 20 units per acre in
jurisdictions described in clauses (iii) and (iv)
3.4 Programs to Assist in the Development
Of Housing
Cotati City Council Resolution xx Exhibit A
of subparagraph (B) of paragraph (3) of
subdivision (c)
(h) and shall meet the standards set forth in
subparagraph (B) of paragraph (5) of
subdivision (b).
3.4 Programs to Assist in the Development
Of Housing
(h) At least 50 percent of the very low and
low-income housing need shall be
accommodated on sites designated for
residential use and for which nonresidential
uses or mixed uses are not permitted,
except that a city or county may
accommodate all of the very low and lowincome housing need on sites designated for mixed uses if those sites allow 100 percent
residential use and require that residential
use occupy 50 percent of the total floor area
of a mixed-use project.
3.3 Realistic Capacity of Sites Zoned for
Housing
(i) For purposes of this section and Section
65583, the phrase “use by right” shall mean
that the local government’s review of the
owner-occupied or multifamily residential
use may not require a conditional use
permit, planned unit development permit,
or other discretionary local government
review or approval that would constitute a
“project” for purposes of Division 13
(commencing with Section 21000) of the
Public Resources Code. Any subdivision of
the sites shall be subject to all laws,
including, but not limited to, the local
government ordinance implementing the
Subdivision Map Act.
3.4 Programs to Assist in the Development
Of Housing
(i) A local ordinance may provide that “use
by right” does not exempt the use from
design review. However, that design review
shall not constitute a “project” for purposes
of Division 13 (commencing with Section
21000) of the Public Resources Code.
No response needed.
(i) Use by right for all rental multifamily
residential housing shall be provided in
4.2.3 Zoning for a Variety of Housing Types
Cotati City Council Resolution xx Exhibit A
accordance with subdivision (f) of Section
65589.5.
(j) Notwithstanding any other provision of
this section, within one-half mile of a
Sonoma-Marin Area Rail Transit station,
housing density requirements in place on
June 30, 2014, shall apply.
No response necessary.