RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF COTATI ADOPTING A
GENERAL PLAN AMENDMENT TO UPDATE THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE PERIOD OF 2023-2031, TO AFFIRMATIVELY FURTHER
FAIR HOUSING, AND TO COMPLY WITH ALL ASPECTS OF STATE HOUSING
ELEMENT LAW
WHEREAS, the California Government Code Section 65302 mandates that each city shall include a Housing Element in its General Plan, and that the Housing Element be updated periodically to reflect current conditions and legal requirements and set forth goals, policies and programs for the preservation, improvement and development of housing for all economic segments of the community and housing for persons with special needs; and WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Cotati regional housing need allocation (“RHNA”) of 234 housing units, comprised of 60 very-low income units, 34 low-income units, 39 moderate-income units, and 101 above moderate-income units; and
WHEREAS, the City of Cotati has prepared Housing Element Update 2023-2031 (“Housing Element”) in compliance with State Housing Element Law; and WHEREAS, as provided in Government Code Section 65350 et. seq., an update of the Housing Element constitutes a General Plan Amendment; and WHEREAS, an Addendum to the 2015 General Plan EIR was prepared in accordance with the California Environmental Quality Act (CEQA) Section 15164(a), which allows for the preparation of an Addendum to a previously certified EIR where there are no changes to the conditions or new significant environmental effects, where the changes undertaken are not substantial, and where no new mitigation measures are needed; and WHEREAS, as provided in Government Code Sections 65352 – 65352.5, the City of Cotati referred the Housing Element to all California Native American tribes on the contact list provided by the Native American Heritage Commission and to other entities listed and no tribes requested consultation; and
WHEREAS, the Housing Element must be adopted to comply with State law, accommodate the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and
WHEREAS, the City conducted extensive community outreach since late 2021 including public workshops before the Planning Commission and City Council, community events, a bilingual community housing priorities survey, a stakeholder workshop that included developers and community-based organizations, and robust outreach through the City’s social media channels; and
WHEREAS, in accordance with Government Code Section 65585 (b), on November 18, 2022, the City submitted the draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and
WHEREAS, in February, HCD contacted the City with a list of questions and concerns about the adequacy of the draft Housing Element, and based upon those questions, City staff revised the draft Housing Element to include additional information and data, made the revised draft publicly available for seven calendar days, and submitted the revised draft to HCD; and WHEREAS, on February 16, 2023, the City received a letter from HCD providing its findings regarding the draft Housing Element, as revised; and WHEREAS, City staff reviewed the findings and again revised the draft Housing Element to incorporate HCD’s comments and requested changes, creating the adoption draft Housing Element; and
WHEREAS, on March 20, 2023, the Planning Commission conducted a duly and properly noticed public hearing, reviewed the adoption draft Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, all oral and written public comments, and the CEQA Addendum; and after doing so, recommended City Council certification of the Addendum to the 2015 General Plan EIR and determined the Housing Element to be consistent with State law and the General Plan of the City of Cotati; and
WHEREAS, on March 28, 2023, the City Council conducted a duly and properly noticed public hearing, reviewed the adoption draft Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, all oral and written public comments, and the CEQA Addendum; and after doing so, desires to approve certification of the Addendum to the 2015 General Plan EIR and determination that the Housing Element is consistent with State law and the General Plan of the City of Cotati.
NOW, THEREFORE, BE IT RESOLVED, that the above recitations are true and correct and are incorporated by reference into this action.
BE IT FURTHER RESOLVED, that the adoption of the Housing Element Update will not have a significant effect on the environment and an Addendum to the 2015 General Plan EIR has been prepared for the project and has been recommended for certification by the City Council.
BE IT FURTHER RESOLVED, that the City Council make the following findings:
a) The Housing Element Update is internally consistent with the Cotati General Plan. b) As required by Government Code Section 65585(e), the City Council has considered the findings made by the Department of Housing and Community Development included in the Department’s letter to the City of Cotati dated February 16, 2023, consistent with Government Code Section 65585(f), and as described in Exhibit A to this Resolution, incorporated herein by this reference, the Housing Element has been amended in response to the findings of the Department to substantially comply with the requirements of State Housing Element Law as interpreted by HCD. c) The Housing Element substantially complies with State Housing Element Law, as provided in Government Code 65580 et seq. and contains all provisions required by State Housing Element Law.
d) Based on substantial evidence in the record, the existing uses on the non-vacant sites identified in the site inventory to accommodate the RHNA are likely to be discontinued during the planning period or otherwise do not constitute an impediment to planned residential development on the site during the planning period.
BE IT FURTHER RESOLVED, that the City Council of the City of Cotati: rescind the current Housing Element and adopt this Resolution certifying the General Plan Environmental Impact Report Addendum (Exhibit C) and adopting the Housing Element General Plan Amendment (Exhibit B); and
BE IT FURTHER RESOLVED, that the City Manager is hereby delegated the authority to make additional non-substantive changes to the adopted Housing Element, including its Technical Background Report and Appendices, to address further requirements from HCD necessary to achieve State certification.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the March 28th, 2023, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
Exhibit A Cotati Housing Element Statutory Requirements Checklist (2023-03-21) (DOCX)
Exhibit B1 - Cotati Adoption Draft Housing Element (2023-03-20) (PDF) Attachment 1, Exhibit B2 - Cotati Adoption Draft Technical Background Report (PDF) Exhibit B3 - Cotati Adoption Draft Housing Element Appendices (2023-03-20) (PDF) Exhibit C - Cotati HE_Final Addendum_March 2023 (PDF)
Exhibit C1 - Final_EIR_Cotati_GPU (PDF)