Agenda packet — Cotati City Council, June 13, 2023 (part 2 of 2)

State Housing Regulation Changes and the DSP
Over the last decade, the California Legislature has passed an increasingly complex portfolio of housing laws in a statewide response to a shortage of housing affecting persons at all economic levels. With more than 40 housing bills adopted since 2017 (primarily intend to overcome the lack of affordable housing in the state), the City of Cotati is subject to provisions of California state law that have changed since the last Downtown Specific Plan was adopted in 2009. In addition, the City is currently in the final steps of the process of updating the Housing Element and any proposed modifications to the DSP and properties included within must maintain consistency with the policies and programs in the draft Housing Element. A summary of this recent legislation affecting preparation of the DSP includes the following:

SB 35 (2017) requires ministerial approval of housing and mixed-use development in jurisdictions not meeting their regional housing needs goals. The City of Cotati is currently subject to SB 35 provisions for projects with at least 50% affordable housing, and the determination is reissued each year at the end of June. The 2023 Housing Element Update and the DSP Title 17 (Land Use) amendments address this requirement.

AB 2162 (2018) requires that supportive housing be a use that is permitted by right in zones where multifamily and mixed-use development is permitted. The 2023 Housing Element Update addresses this requirement.

AB 101 (2021) requires a Low Barrier Navigation Center (LBNC) be a use that is permitted by right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses. The 2023 Housing Element Update addresses this requirement.

AB 2011 & SB 6 (2022) require non-discretionary, staff-level (ministerial) approval of 100% residential and mixed-use housing projects in existing commercial zones that allow office, retail, or parking as a permitted use along commercial corridors and within ½ mile of transit when certain labor and affordability requirements are met. AB 2011 & SB 6 provide two avenues for developers; AB 2011 requires higher amounts of affordable housing, and SB 6 requires higher standards for use of skilled and trained labor. These two concurrently adopted bills go into effect on July 1, 2023. The 2023 Housing Element Update addresses these requirements.

AB 1551 (2022) added Section 65915.7 to the Government Code which requires a city to grant a concession to a commercial developer who is also including affordable housing within a project located within ½ mile of a major transit stop. The concession may include, but is not limited to, a 20% increase in density; a 20% increase in floor area; a 20% increase in height; a 20% reduction in minimum parking; a limited use elevator; and/ or an exception to a zoning or land use regulation. AB 1551 goes into effect January 1, 2023. The 2023 Housing Element Update addresses this requirement.

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AB 2244 (2022) allows affordable housing development located on a religious property up to a 50% reduction of required religious-use parking spaces, as of January 1, 2023. The 2023 Housing Element Update and the DSP Title 17 (Land Use) amendments address this requirement.

SB 330 (2019) extensively amended the State Housing Accountability Act (HAA) to prohibit downzoning and other intended or unintended efforts to preclude the development of housing through 2030 (as amended by SB 8, 2021). The HAA defines “housing development projects” and spells out the application process and time limits for local government review.

The 2023 Housing Element addresses this requirement.

1.3 PROJECT DESCRIPTION
The Proposed DSP Amendments add clarifying language, remove inconsistent policy requirements, and address the recent state law requirements that multifamily housing be allowed in the Plan area by revising allowable uses in the DSP Title 17 (Land Use) amendments to clarify that 100% multifamily and affordable housing projects may be consistent with the DSP.

At the direction of the City Council, the focus of this project is to prepare amendments that would update and clarify the DSP land use regulations to ensure the City is both consistent with state housing laws and which maintain the City’s vision for downtown as expressed in the adopted DSP.

Proposed DSP Documents Revisions
The DSP Amendments include two sets of document amendments. The first will be to the Plan itself and is intended to clarify development standards and affirm the mix of residential uses consistent with the build out (units, square feet) and forms (height, setbacks, and landscaping) anticipated under the Plan and the supporting DSP EIR environmental analysis.

The second set of amendments will be to the Zoning Code, inclusive of the Objective Residential and Mixed-Use Design Standards amendments (DSP Area) and other related Municipal Code standards as necessary to address the new housing regulations. Specific development projects are not included in the DSP Amendments. All future construction projects in the DSP Area must comply with the DSP, as well as the Cotati General Plan, DSP, Zoning Ordinance, development standards, and relevant state and federal jurisdictional regulations. In addition, future discretionary actions (i.e., use permits, site plan review) require independent and project-specific environmental review by the City and compliance with the (CEQA). The specific document edits are included in Attachment A.

DSP Downtown Land Use Densities
Table 1 below provides summary of the adopted residential land use densities applicable in the DSP.

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1. Addendum to the Certified Downtown Specific Plan EIR

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Table 1: Cotati Downtown Specific Plan Land Use
Cotati DSP
Zone District
Buildout Density
(Less Rights of
Way1)
Non-Residential2 Buildout
(Less Open Space3)
Residential
Buildout
(119 existing +331
new=450 units)
Total Buildout
Density
Commerce Avenue-CA CA Zone Total

6.5 acres
ROW 1.6 acres

4.9 acres
Non-Residential Square
Feet (sf): 42,000 sf
Non-Residential
8,570 sf/acre
61 Dwelling Units

4.9 acres

12.5 units
per acre (upa)
Residential

12.5 upa
Non-Residential
8,570 sf/acre
Open Space: N/A
Northern Gateway-NG NG Zone Total

36.2 acres
-ROW 9.1 acres
=27.1 acres
Open Space (OS):
-0.86 acres=26.2 acres
Non-Residential
217,000 sf
8,282 sf/acre
229 dwellings

26.2 acres

8.7 upa
Residential units

8.7 upa
Non-Residential
8,282 sf/acre
Open Space:
.86 acre
La Plaza–(LP) LP Zone Total

11.3 acres
-ROW 2.9 acres

8.4 acres
OS: 3.75 acres
=4.7 acres
Non-Residential
118,000 sf
25,376 sf/acre
89 dwellings

4.7 acres

19.0 upa
Residential

19.0 upa
Non-Residential
25,376 sf/acre
Open Space:

3.75 acres
Historic Core-HC HC Zone Total

5.5 acres
-ROW 1.4 acres

4.1 acres
Non-Residential
41,150 sf
10,037sf/acre
71 dwellings

4.1 acre

11.7 upa
Residential

11.7 upa
Non-Residential
10,037 sf/acre
Open Space: 0 acres
Totals
Plan Area

59.5 acres
-ROW 15.0
acres=

44.5 acres
Open Space: 4.61 acres
Residential: 39.9 acres
Non-Residential:
419,050sf
&
10,503sf/acre
450 dwellings

44.5 acres

10.2 upa
Residential

10.2 (upa)
Non-Residential
10,503 sf/acre
Open Space:

4.61 acres
Source: 2009 Cotati Downtown Specific Plan, Environmental Impact Report (DSP EIR) Table 3.0-5 (City of Cotati). 1: DSP EIR Right of Way (streets, sidewalks), DSP EIR Appendices 3.0-B and 4.7-B 2: Non-Residential includes office, civic, retail, and services and includes 419,050 sf at buildout (assumes 182,000 sf existing and 237,050 sf new construction)
3: Open Space: Includes public parks and natural areas along watersheds.

4. Residential buildout includes 450 residential units (comprised of 119 existing residential units and 331 potential new units construction in the DSP).

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Zoning Code Text Amendments
Minor changes are proposed to be made to the text of several categories throughout the Cotati Zoning Code. These categories include Purpose of DSP Zone Districts; Allowed Land Uses and Permit Requirements for the DSP Districts; Special Purpose Zone and Overlay Zone Standards; Objective design standards; Mixed-use standards; Density Bonuses; Parking Requirements and Definitions as detailed in underline and strike-through text in Attachment B of the staff report.

Public Outreach
In order to involve members of the Cotati community and help refine the City Council’s direction, this project included the following public outreach activities to gain public input on the DSP Amendments.

1. Public Surveys. January 2023
The City, in coordination with its consultant, has developed a concise survey and will distribute the survey via multiple channels to ensure a robust response. Staff highlighted the survey’s availability at the workshop event described below.

2. Workshop Event- In Person Outreach. January 2023
City staff hosted an informational presentation and workshop at a joint meeting of the City Council and Planning Commission on the DSP Amendments on January 17, 2023. Staff introduced the community to the project, informed them about the issues being addressed, and sought input from residents, businessowners and both the Commissioners and Council Members.

3. Downtown Plan Amendments Website
The Cotati Planning Department posted the Draft DSP Amendments on the Community Development Department website to serve as the public clearinghouse of information on the project, that includes:
• Access to draft documents.
• Provides a portal to the project survey and its results. • Agenda notices, staff reports and materials for public hearings by the Planning Commission and City Council are available in advance.

4. Public Hearings
The Planning Commission will conducting a public hearing to allow interested citizens in the community to provide additional input on the project, EIR Addendum and the legislative framework that has been provided by the State. A range of comments received on the DSP Amendments in the public survey, during the Public Workshop at the Joint Planning Commission and City Council Meeting, and during the noticing periods prior to the public meeting has been included for discussion and will be considered by the Planning Commission. The Planning Commission will consider recommending that the City Council

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1. Addendum to the Certified Downtown Specific Plan EIR

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certify the EIR addendum and approve of the DSP Amendments. The Planning Commission recommendations will be considered by the City Council along with the entirety of the public record prior to a final decision on the DSP Amendments.

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2. CEQAAnalysis

2.1 PURPOSE OF A CEQA ADENDUM
According to CEQA Guidelines Section 15164(a), an addendum shall be prepared if some changes or additions to a previously adopted EIR are necessary, but none of the conditions enumerated in CEQA Guidelines Sections 15162(a)(1) through (3) calling for the preparation of a subsequent EIR have occurred. As stated in CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations):
“When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or negative declaration was adopted, shows any of the following:
(a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration.
(b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

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(d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.”
As stated in CEQA Guidelines Section 15164 (Addendum to an EIR):
(a) “The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.
(b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.
(c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. (d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.”

2.2 2009 DOWNTOWN SPECIFIC PLAN EIR
The DSP was adopted August 26, 2009, after years of public engagement and input on proposed changes to the downtown land use regulations. This plan sought to counter the traditional "sprawl" development pattern by intensifying and combining land uses within the core of the City. While maintaining the City's small-town character has always been a strong value governing development, significant concessions were made to allow much more intensive development and a variety of architectural styles in the downtown area. These concessions support the development of new commercial and residential uses affordable to a range of economic levels, and mixed-use neighborhoods in a variety of building styles and sizes, served by a well-connected, multimodal downtown street network and multiple public spaces. The DSP maintains compatibility with the surrounding neighborhoods by dividing the downtown into four separate districts and creating specific development regulations for each.

In many instances, these regulations are "form based" providing more direction on the

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appearance and presentation of the buildings than the type, level and intensity of their future uses.

The DSP EIR Certified by the City Council found that the DSP incorporated policies and programs which would reduce potential impacts to the following resources: aesthetics, hazards, and hazardous materials, land use planning, population and housing, public services and recreation, utilities and service systems, and water supply. Therefore, no mitigation would be required.

The DSP EIR found that implementation of the DSP would result in potentially significant impacts to the following resources: air quality, biological resources, geological resources, hydrology and water quality, noise, and traffic. The DSP EIR systematically identified potentially significant impacts as well as mitigating policies and actions that address and reduce related environmental impacts to a threshold of less than significant. These DSP EIR mitigation measures are required to be implemented through development standards applied to individual project proposals in the DSP area. Further, the DSP EIR found that the impacts below were mitigated to less than significant with mitigation implemented and monitored, as summarized below:
• Air Quality
o Impact AQ-1: Construction-emissions.
o Impact AQ-2: Increased toxic air contaminants from vehicle and truck traffic and prohibits sensitive uses from being located with 135 feet of Highway 101. • Biological Resources
o Impact BIO-1: Impact to California tiger salamander, listed as endangered under the federal Endangered Species Act.
o Impact BIO 2: Impacts to the Pallid bat due to renovation or destruction of older, unoccupied buildings.
o Impact BIO-3: Impacts to nesting raptors.
o Impact BIO-4: Impacts to western burrowing owl.
o Impact BIO-5 Impacts to other nesting birds, including special status birds, such as the loggerhead shrike.
o Impact BIO-6: Impact from development in the vicinity of Cotai Creek and Laguna de Santa Rosa watercourses, riparian areas, and water quality. o Impact BIO-7: Impacts to the waters of the United States and State (including wetlands.
o Impact BIO-8: Impacts to native trees located outside of watercourses and riparian zones.

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o Impact BIO-9: Cumulative loss of non-native annual grassland resulting in the loss of foraging/nesting /denning habitat for many species, forcing them to move into other species territories.
o Impact BIO-10: Cumulative impacts to waters of the United States, Regional Water Quality Control Board, and the California Department of Fish and Game. • Cultural Resources
o Impact CULT-2: Potential to unearth archaeological significant resources, including human remains.
• Geological Resources
o Impact GEO-1: Implementation will result in development and population that would be subject to seismic hazards.
o Impact GEO-2: Implementation could expose soils to erosion as specific projects are developed.
• Noise
o Impact NOISE-1: Construction could result in short-term noise and vibration impacts on existing residential properties and noise sensitive land uses. o Impact NOISE-2: Buildout would potentially introduce sensitive land uses in areas to noise levels above acceptable levels.
o Impact NOISE-3: Noise from retail components of mixed use projects may adversely impact the residential component.
• Traffic
o Impact TRAN-1: Significantly affect the operations of three intersections in the year 2025.
o Impact TRAN-2: Northbound vehicular queuing could extend substantially along Old Redwood Highway south of La Plaza.
o Impact TRAN-3: Peak traffic may affect streets adjacent to La Plaza. o Impact TRAN-4: Relocation of the fire station egress could affect response times. o Impact TRAN-5: Multi-use pathways in LA Plaza could create conflicts between motorized and non-motorized users.
o Impact TRAN-6: La Plaza design would result in slow moving traffic, high level right turns, and bicyclist safety might be affected.
• Greenhouse Gas/Climate Change

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o Impact AQ-3: Cumulatively considerable contribution to the significant cumulative impact on global climate change if the DSP would obstruct implementation of greenhouse gas reduction measures.

The DSP EIR found that with the implementation of policies and programs from the DSP, would result in potentially significant unavoidable impacts with feasible mitigation implemented to the following environmental topic area, and therefore a finding of significant and unavoidable impacts would occur with mitigation implemented:
• Cultural Resources
o Impact CULT-1 and CULT-Cumulative: Removal or alteration of buildings that have the potential to be historic resources or may result in development that may be incompatible with adjacent historic structures; or remove or permanently alter historic structures in the DSP area.

2.3 ENVIRONMENTAL ANALYSIS
As discussed above, the DSP Amendments serve to strike a balance between consistency with recent changes in State planning and housing law, as reflected in the City’s General Plan Housing Element Update. Specifically, the DSP Amendments reaffirm the DSP’s direction to foster development of a vibrant, pedestrian oriented mix of retail businesses, provide housing for all economic segments of the community, and increase recreation amenities in the DSP area, while preserving Cotati’s historic character. The DSP Amendments, therefore, will serve to refine and simplify DSP and Zoning Code permit requirements, applicable development standards, and integrate into the DSP, the City’s objective design review process for housing projects, as required under recent State legislation.

The allowable density identified in Table 1-above represents minor changes to the DSP consistent with directives in state law regarding allowable housing and housing density and consistent with the City of Cotati Housing Element Update. These changes ensure modification of existing policy to either streamline development that is already allowed or make the code consistent with state law. The modified programs would affect sites currently designated for development in the DSP, so there would be no change in the physical impacts associated with future development. Therefore, policies and action items identified in the General Plan EIR to reduce physical environmental effects would continue to apply to future development and would reduce impacts to the same significance level as identified in the General Plan EIR. the project would not result in new or more severe impacts than disclosed in the General Plan EIR.

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As previously described in Section 2.2, the DSP EIR addresses significant impacts related to l air quality, biological resources, geological resources, hydrology and water quality, noise, and traffic.

A brief summary of the retained DSP guiding goals and policies is provided below with a discussion of their compatibility with the City of Cotati General Plan and the primary purposes of recent State housing and planning legislation.

Goal 1: Enhance Old Redwood Highway as the downtown, mixed-use center of Cotati community life.
• Existing Plan-Wide Policies SP-1 through SP-4 have been retained as they include programs to create Great Public Places and Streets designs, and promote mixed commercial and residential uses for all economic levels downtown, and retain a variety of building types and uses have been which remain consistent with changes to State housing and planning laws (DSP pages 1:1, 1:13 and 1:14).

Goal 2: Maintain the historic character which makes Cotati unique and achieve a high level of design quality to reinforce this character.
• Existing Plan-Wide Policies SP-4, SP-6, and Policy 11.3.5, as well as the 1.7 Historic Cotati. DSP Objectives for use and preserving existing structures with designated value have been retained as they include programs to create a variety of buildings would, pedestrian friendly, and protect the historic character of the community (DSP pages 1:1, 1:9, 1:13 and 1:14).

Goal 3: Improve the walking and bicycling system through downtown Cotati as well as the Interconnections between Cotati and the region; and Goal 4: Promote a street system that is safe for all modes of transportation within a successful commercial mixed-use environment.
• As discussed in Goal 1 above and on DSP page 1:1, Plan Wide Goals 3 & 4 and implanting policies and Key General Plan Community Development policies supporting safe alternative transportation, pedestrian access, and parking within the Plan area will remain unchanged as they are consistent with the DSP and compatible with changes to State housing and planning law. (DSP pages DSP pages 1:1, 1:13 and 1:14).

Goal 5: Design housing to accommodate a diversity or Income levels, ages, and needs. • Existing Plan-Wide Policy SP5 has been retained as it ensures a mix of housing types to serve all economic segments of the community and create a variety of housing choices throughout the Plan area. In addition, Quality of Life Policy IP 2.2.2 to increase

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the amount of developable high density residential land has been retained as it is consistent with changes to state housing and planning laws.

Goal 6: Encourage development that Is sustainable: energy efficient and conserves resources.
• The City of Cotai implements the energy efficiency standards Title 24 of the California Building Code, and all relevant updates, and would therefore ensure that all new development incorporates energy and water efficient standards, and remain consistent with state housing and planning laws.

New development resulting from changes required by State legislation would occur on land already designated for housing development for all economic segments in the DSP.

Furthermore, all future development in the city would be required to comply with local regulations, including the General Plan, the DSP Zoning Code, and subdivision standards.

These local regulations guide future development and would address physical impacts resulting from development. Moreover, the City’s Zoning Code contains a list of permitted uses for each respective zoning district. The DSP EIR anticipated physical impacts associated with the permitted uses in the City’s Zoning Code, and the proposed project would, therefore, result in no new impact as part of development. The policies and action items in the DSP EIR to reduce physical environmental effects would continue to apply to all development.

Therefore, development of housing as considered in this Addendum is consistent with what was analyzed in the DSP EIR The DSP relied on policies from various elements of the General Plan, as well as implementation of federal and state laws and the City zoning ordinance and development standards to address the physical impacts of future development. The proposed project does not change these policies. Further, based on review of the DSP, the Cotati General Plan, and consideration that the DSP Amendments: All future development in the city would be required to comply with local regulations, including the General Plan, Zoning Ordinance, and subdivision standards. These local regulations guide future development and would address potential physical impacts resulting from development. Moreover, the City’s Zoning Ordinance contains a list of permitted uses for each respective zoning district. The DSP EIR evaluated permitted uses and anticipated physical impacts associated with development of these uses would therefore result in no new impact as part of development. As the proposed project does not change the permitted uses allowed by the Zoning Ordinance, there would be no new impact. Building regulations are applied as part of the building permit process and are independent of CEQA.

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2.4 FINDINGS
The discussion in this addendum to the DSP EIR confirms that the proposed project has been evaluated for significant impacts pursuant to CEQA as part of the City of Cotati City Council Certified EIR prepared for the DSP.

1. No substantial changes are proposed in the project which would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

As the proposed DSP Amendments do not change any land use designation or zoning district, the impacts of the proposed project would be no more substantial than analyzed in the DSP EIR. Substantial changes are, therefore, not proposed as part of the DSP amendments which will require major revisions of the previous DSP EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

2. The project will have one or more significant effects not discussed in the previous EIR.

The DSP Amendments propose minor, insubstantial changes in the circumstances that were present during the prior DSP EIR analysis of the DSP. Further, the DSP Amendments described above would not result in new significant environmental effects or an increase in the severity of previously identified significant effects. Based on the analysis above, no major revision of the previous DSP EIR is necessitated by the DSP Amendments.

3. Significant effects previously examined will be substantially more severe than shown in the previous EIR.

This addendum analysis did not identify new information that could not have been known at the time of the adoption, or of substantial importance that was not known or diligently analyzed in the previously certified DSP EIR. The DSP Amendments would not, therefore, result in any more significant effects not previously addressed in the DSP EIR. mitigation measures or alternatives that would reduce the impacts of the DSP, as it was developed with mitigating policies as discussed above that addressed known environmental issues. As detailed above, no significant effects previously examined will become substantially more severe than those previously examined in the DSP EIR. As such, no mitigation or alternative reviewed as part of the environmental analysis in this addendum substantiated a determination that mitigation or an alternative would substantially reduce significant effects that were not addressed in the City certified DSP EIR.

4. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the

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project, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project includes policy-and implementation changes that are limited to complying with state law and does not result in physical changes to the environment. As discussed above, the proposed project would not create new impacts or the need for additional mitigation measures. As with the existing DSP evaluated in the DSP EIR, as well as the General Plan Update EIR, the proposed changes to the DSP would not result in significant environmental impacts that would require new mitigation measures.

5. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project would have the same impacts as identified in the previously certified DSP EIR, and all associated policies identified in the DSP to reduce physical environmental effects would continue to apply. As stated in the response to Standard 3, there are no new significant impacts resulting from adoption of the DSP Amendments therefore, there is no need for new mitigation measures or alternatives to the proposed project.

6. Significant effects previously examined will be substantially more severe than shown in the previous EIR.

The proposed project includes changes to clarify that 100% housing projects are consistent with the Goals and Policies in the DSP and that are limited to complying with state law and would not result in physical changes to the environment that were not disclosed in the DSP EIR. Moreover, the DSP Amendments do not propose specific projects which would result in new impacts or the need for additional mitigation measures. The mitigating development standards identified in the DSP EIR to reduce physical environmental effects remain applicable to the DSP and DSP Amendments. The policies and action items in the DSP and City development standards would continue to apply to the DSP Amendments. The City is required to ensure its Plans do not conflict with State housing and planning laws. As the existing DSP evaluated potential impacts to the community from DSP area uses including housing and population the proposed Housing Element would not result in significant environmental impacts that are substantially more severe than shown in the previous DSP EIR.

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A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I
2

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7. The DSP Amendments would not result in the conditions outlined in CEQA Guidelines Sections 15162(a)(1) through (3)
As detailed in the environmental analysis and findings above, and because the minor changes required by recent changes to State law, the DSP Amendments are would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects requiring major revisions to the DSP EIR. Accordingly, this environmental analysis provides the substantial evidence required by CEQA Guidelines Section 15164(e) to support the finding that a subsequent EIR is not required and an Addendum to the Downtown Specific Plan EIR is the appropriate environmental document to address changes to the DSP.

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Packet Pg. 239 Attachment: DSP CEQA Addendum (DSP Amendments Rezoning Ordinance)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I
February 2023 Page 17
Downtown Specific Plan and Zoning (Title 17) Amendments SEE ATTACHMENTS A and B.

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Packet Pg. 240 Attachment: DSP CEQA Addendum (DSP Amendments Rezoning Ordinance) RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI ADOPTING AMENDMENTS TO THE 2009 DOWNTOWN SPECIFIC PLAN AND TO TITLE 17 (LAND USE) OF THE COTATI MUNICIPAL CODE TO INCORPORATE CHANGES

TO STATE OF CALIFORNIA HOUSING LAW WHICH NECESSITATE REVISIONS TO ALLOWABLE USES AND OTHER DEVELOPMENT CRITERIA. FILE NO.

PA22/14
WHEREAS, the City of Cotati (City) adopted resolutions No. 2009-65 and 2009-66 on August 26, 2009 approving amendments to the City of Cotati General Plan and adopting the Downtown Specific Plan as part of the City's ongoing effort to implement the City of Cotati General Plan and Housing Element consistent with California Government Code §65453; and WHEREAS, on September 9, 2009, the City Council adopted Ordinance No.823 amending Title 17 (Land Use) to integrate Downtown Specific Plan zone districts into the General Plan and establish development and design standards in Downtown Cotati; and WHEREAS, the availability and affordability of housing is the highest priority for individuals of all demographics, ages, and economic backgrounds in communities throughout California; and
WHEREAS, the State of California Legislature has revised the Government Code to require jurisdictions to utilize a ministerial and streamlined process for specified housing projects; and allow residential projects in commercial zone districts; and eliminate certain parking requirements for commercial zoned land including the Downtown Specific Plan; and WHEREAS, the 2015 General Plan and adopted 2023 Housing Element update include policies and programs to support and create affordable housing, encourage housing with a priority on in-fill development, and encourage social interaction in residential developments by providing opportunities for community gathering in common areas consistent with the 2009 Downtown Specific Plan; and
WHEREAS, Government Code §65453(a) establishes that a specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body; and
WHEREAS, in Fall 2022, the City Council directed staff to initiate amendments to the Downtown Specific Plan and Zoning Ordinance to address changes to State Law; and WHEREAS, in January 2023, City staff distributed an online survey to gather community opinions regarding the Downtown Specific Plan Amendments and Zoning Ordinance Amendments; and
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WHEREAS, on January 17, 2023, the City Council and Planning Commission held a Joint meeting and community workshop to introduce the community to the Downtown Specific Plan Amendments and Zoning Ordinance Amendments; and obtain opinions and comments to inform a decision; and
WHEREAS, on May 15, 2023, the Planning Commission of the City of Cotati held a duly noticed public hearing, received the staff report and reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the item, and unanimously recommended that the City Council adopt the proposed changes; and WHEREAS, based on the record, the City Council finds that the proposed Downtown Specific Plan Amendments and Zoning Ordinance Amendments are consistent with the 2009 Downtown Specific Plan and City Council certified EIR as identified in the Addendum, and facilitates implantation of the General Plan and Housing Element consistent with State Law; and WHEREAS, feedback from the City Council, Planning Commission and community has been incorporated into the standards as feasible; and
WHEREAS, additional code amendments are necessary to clarify and maintain consistency with various Sections within the Zoning Ordinance; Title 17 (Land Use) of the Cotati Municipal Code; and
WHEREAS, the City Council did consider and recommend, that the City Council adopt amendments to the 2009 Downtown Specific Plan Amendments and Zoning Ordinance Amendments to allow to ensure consistency and implantation of changes to State Law; and WHEREAS, based on the record, the City Council finds that the proposed zoning ordinance amendments are consistent with and facilitate implementation of the General Plan and its Housing Element; and
WHEREAS, on June 13, 2023, the Planning Commission of the City of Cotati held a duly noticed public hearing, received the staff report and reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the item prior to taking its action on the item.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:

SECTION 1: Recitals.

The above recitals are true and correct and are incorporated into the findings herein.

SECTION 2: Record
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The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the 2015 General Plan and certified FEIR, 2) the City Council adopted 2023 Housing Element 3) the Addendum to the City Council certified FEIR for the 2009 Downtown Specific Plan, and 4) all staff reports, City files and records and other documents prepared for and/or submitted to the City Council related to adoption of the Downtown Specific Plan and Zoning Ordinance amendments.

SECTION 3: General Plan Consistency
The City Council of the City of Cotati does hereby find that the proposed ordinance to amend the Land Use Code to establish multi-family and affordable housing, apply the objective design standards for qualifying multifamily developments are in the best interest of the City because it furthers established goals, policies and implementation programs of the General Plan to promote housing opportunities, maintain a diverse range of housing options with a focus on in-fill development, and limits the extension of city services.

Specifically, and as discussed and identified throughout the record, these amendments are consistent with and implement the following General Plan and Housing Element policies and programs:

Policy CON 2.1: Improve air quality through continuing to require a compact development pattern that focuses growth in and around existing urbanized areas, locating new housing near places of employment, encouraging alternative modes of transportation, and requiring projects to mitigate significant air quality impacts.

Policy CSF 2.2: Prior to the approval of development, infrastructure, Specific Plans, or other projects that would result in increased demand for public water production, conveyance, treatment or storage, project proponents must demonstrate proof of adequate water supply (e.g., that existing services are adequate to accommodate the increased demand, or improvements to the capacity of the system to meet increased demand will be made prior to project implementation) and that potential cumulative impacts to water users and the environment will be addressed.

Policy EV 1.2: Ensure the long-term public services and infrastructure needs of the community are met as part of the overall approach to economic vitality and sustainability.

Policy EV 1.9: Maintain distinctive landscaping with native plants, trees, and flowers in public areas, including transit stops, City parks, City parking lots, City entry/exit points, to the extent that space is available for landscaping.

Objective LU 1B: Ensure that new growth is focused around existing development and does not facilitate the inefficient extension of city services.

Objective LU 1C: Encourage and, when possible, prioritize development of infill and underutilized sites within mostly developed areas, in order to minimize the premature extension Packet Pg. 243
of infrastructure
Action LU 1c: Prioritize the processing of development applications for infill, underutilized, or vacant parcels designated for urban uses over those projects requiring annexation.

Policy LU 2.2: Encourage clustering of housing so that larger areas of open space may be permanently preserved.

Objective LU 4A: Ensure a streamlined and equitable process for project permitting and outside agency coordination without compromising the enforcement of local land use regulations.

Policy LU 2.5: Locate medium and higher density housing within easy walking or bicycling distance of public facilities, services, transit, and major employers.

Goal H-1: Conserve and improve the existing housing stock to provide adequate, safe, and decent housing for all Cotati residents.

Goal H-2: Provide adequate sites to accommodate the housing needs of all economic segments of the community.

Policy H-2.1 Ensure that adequate land designated for residential and/or mixed-use development is available to accommodate the City’s fair share of ABAG’s Regional Housing Needs Allocation (RHNA) and monitor on an annual basis to ensure continual compliance with State law. (Source:

Previous Policies H 2.1 & 2.2
Policy H-2.3 While the City is able to accommodate its share of the regional housing need without rezoning during the current Housing Element period, to the extent necessary, the City will consider land use re-designation and promotion of existing innovations like the Cottage Housing Ordinance in order to accommodate development capacity that affirm all other goals of the City’s General Plan and maintain Cotati’s rural character. (Source: Previous Policy H-2.4.

Policy H-2.4 Ensure that public infrastructure planning activities, including sewer, water, and drainage facilities, accommodate the City’s fair share of regional housing needs and that developments including lower income units are granted priority in accordance with Government Code Section 65589.7. (Source: Previous Policy H-2.5)
Policy H-2.5 Ensure that the City’s development requirements, including the standards established by the General Plan and Land Use Code, accommodate, and provide for available housing sites that are appropriate for a range of income levels and housing types, including housing to accommodate special needs populations. (Source: Previous Policy H-2.6) Policy H-2.6 Encourage mixed use development, including residential and live/work uses in commercial and office areas where the viability of the non-residential activities would not be Packet Pg. 244
adversely affected. (Source: Previous Policy H-2.7)
Policy H-2.7 Require housing developments to provide housing units at a range of affordability levels to assist in meeting the City’s housing needs as required by Chapter 17.31 of the Land Use Code. (Source: Previous Policy H-2.8)
Policy H-2.8 Continue to address the impacts of large-scale commercial and office projects on housing needs through the affordable housing requirements established by Chapter 17.31 of the Land Use Code. Prioritize workforce housing developments and inclusionary units dedicated to lower and moderate-income workers. (Source: Previous Policy H-2.9) Policy H-2.11 Encourage housing development on existing infill sites in order to efficiently utilize existing infrastructure. (Source: Previous Policy H-2.12) Policy H-2.12 Assist in the development of affordable housing, particularly extremely low and very low income units, through the use of in-lieu affordable housing funds as well as CDBG and HOME funds, when available. (Source: Previous Policy H-2.13) Goal H-3: Expand Affordable Housing Opportunities for Lower Income Households and Persons with Special Housing Needs, including Seniors, Disabled Persons, Developmentally Disabled Persons, and Homeless Persons and Families.

Policy H-3-1: Ensure that the City’s development standards encourage development of a range of housing types, including multifamily, mixed use, high density residential, accessory dwelling units, cottage housing units, and single family units; implement objective design and development standards in triannual building code review; and incentivize production of lower income housing. (Source: Previous Policy H-3.1)
Policy H-3-2: Provide incentives for discretionary affordable housing development that address community priorities, including density bonuses, expedited processing, relaxation in development standards through the use of concessions and incentives, and either reduction, delay, or waiver of fees when financially feasible. (Source: Previous Policy H-3.2) Policy H-3-3: Continue to provide density bonuses to eligible projects as required by Government Code Section 65915, including projects that meet the minimum amount of total units affordable to extremely low, very low and low income households or provide units restricted to occupancy for senior households. (Source: Previous Policy H-3.3) Policy H-3-7: Coordinate with regional and local service groups to facilitate linkages between at-risk individuals and families, and organizations that provide 42 support services, such as rapid re-housing programs, house share programs, and services for the homeless. (Source:

Previous Policy H-3.9)
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Goal H-4: Promote Housing Opportunities for All Persons Regardless of Race, Gender, Age, Marital Status, Ancestry, National Origin, Color, or Sexual Orientation.

Policy H-5-1: Encourage and facilitate public participation in the formulation and review of the City's housing and development policies. (Source: Previous Policy H-6.1) SECTION 4: Compliance with the California Environmental Quality Act.

The City Council of the City of Cotati does hereby find that the proposed ordinance to amend the development standards in the Downtown Specific Plan and the Land Use Code to establish consistency with State Law, with an Addendum to the City Council certified Final Environmental Impact Report (SCH# 2006032072) for the 2009 Downtown Specific Plan that was certified on March 24, 2015 (Resolution Number 2015-11), and pursuant to Section 15168 of the CEQA Guidelines, and further determines under CEQA Section 15183, that the recommended changes are consistent with the City of Cotati 2015 General Plan EIR in that no significant land use impacts can occur based on the proposed changes, and all future potential impacts will be evaluated under future project specific environmental analysis, therefore no further environmental review is required.

SECTION 5: Amendment to the City of Cotati Downtown Specific Plan. The City of Cotati 2009 Downtown Specific Plan is recommended to be amended as identified in Exhibit A.

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 June 13th, 2023, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:

EXHIBIT A -DSP Amendments (DOCX)
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EXHIBIT A
DSP Page 3.3

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Packet Pg. 248 Attachment: EXHIBIT A -DSP Amendments (DSP Amendments Reso) Remove FAR
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9. Accessory Dwellings Allowed

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Packet Pg. 252 Attachment: EXHIBIT A -DSP Amendments (DSP Amendments Reso)

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Packet Pg. 254 Attachment: EXHIBIT A -DSP Amendments (DSP Amendments Reso) Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Electric Vehicle Charging Reach Code Ordinance Date: June 13, 2023
Written by: Autumn Buss, Associate Planner
Recommendation
It is recommended by the Community Development Department that the City Council hold a public hearing and introduce an ordinance amending the City’s Building Code (Chapter 14, Building and Construction, of the Cotati Municipal Code) to require increased electric vehicle charging infrastructure and equipment in building projects.

I. Background
In October 2022, Cotati adopted the 2022 Building Code, including the Tier 1 voluntary measures in the Green Building Standards Code (known as “CALGreen”), which include higher standards than those of the basic, mandatory Code relating to installation of electric vehicle (EV) charging. The 2022 Building Code is in effect 2023-2025.

The City Council held a workshop on April 25, 2023 on potential “reach codes” to amend the City’s Building Code to require 1) additional EV charging and/or 2) all-electric infrastructure in newly constructed and some existing buildings. A frequent goal of these types of reach codes (so called because they “reach” above and beyond the basic mandatory standards) is to help jurisdictions meet their climate change goals by reducing greenhouse gas emissions.

The City Council expressed support for both reach code options, including adoption of the new, more stringent Tier 1 measures for EV charging that are part of the California Building Standards Commission’s (BSC) proposed Intervening Code (mid-cycle) update for CALGreen.

The Intervening Code’s mandatory measures will go into effect statewide on July 1, 2024. The City Council expressed support not only for adopting the higher, voluntary Tier 1, but also for adopting these standards as soon as possible.

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A recent Ninth Circuit panel ruling against the City of Berkeley’s ban on natural gas infrastructure, in California Restaurant Association v. City of Berkeley (2023), is necessitating additional review of the advisability of adopting an all-electric building reach code ordinance for Cotati. The legality of EV charging reach codes, however, is not currently in question. For this reason, a reach code related to EV charging only is recommended at this time.

II. Analysis/Discussion
The Intervening Code update typically includes a number of minor changes that clarify and improve implementation of the existing Code. In the current proposed Intervening Code, however, there are some substantial changes to CALGreen related to EV charging at the mandatory and voluntary Tier 1 and Tier 2 levels. The most significant changes will impact multifamily residential developments and hotels/motels. There are a few changes to requirements for non-residential projects, as well.

Below is a description of the proposed Tier 1 changes in the Intervening Code, which are reflected in the proposed EV charging reach code ordinance. Refer to Attachment 1: EV Charging Glossary for more information and definitions.

Single family/duplex: No substantial changes are proposed in the Intervening Code. The standard for Cotati would remain as it is currently in the existing Code: One parking space in newly constructed single family and duplex homes must be Level 2 EV Ready.

Multifamily and hotels/motels: A significant increase in EV charging requirements for new multifamily developments and hotels/motels is proposed in the Intervening Code. The proposed EV charging reach code ordinance includes the Tier 1 standards in the Intervening Code: 50% of parking spaces must provide Low Power Level 2 Receptacles, and an additional 15% of parking spaces must provide Level 2 EVSE (chargers). In addition, multifamily developments with assigned parking must provide at least 50% of the assigned parking spaces with Low Power Level 2 Receptacles.

The table below shows the proposed multifamily and hotel/motel standards in comparison to the existing 2022 Code EV charging standards. Cotati’s existing Code includes the Tier 1 voluntary standards.

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Multifamily, Hotel/Motel EV Charging
Size Measure CALGreen CALGreen Voluntary
Existing 2022 Code Mandatory Tier 1 Tier 2
Small (<20 units)
Level 2 EV Capable 10%
Low Power Level 2
Receptacles 25% 35% 40%
Large (> 20 units)
Level 2 EV Capable 10%
Low Power Level 2
Receptacles 25% 35% 40%
Level 2 EVSE 5% 10% 15%
Proposed Intervening Code Mandatory Tier 1 Tier 2
All sizes
Low Power Level 2
Receptacles 40% 50% 55%
Level 2 EVSE 15% 15% 20%
In addition, the existing Code requirements for existing multifamily will remain in place:
additions or alterations to existing parking facilities, or to electrical systems or lighting in existing parking facilities that require a building permit, will trigger a requirement that 10% of the total number of parking spaces added or altered shall be EV Capable.

Nonresidential: The proposed changes for nonresidential projects in the Intervening Code are less significant. The Tier 1 standards for new development, which use a variable formula to specify number of parking spaces to be EV Capable or have EVSE installed (per Table A5.106.5.3.1 in the ordinance), will be clarified to require that a minimum of one parking space per new development provide an EV charger. In addition, requirements for charging for mediumand heavy-duty EVs that have applied to grocery, retail, and warehouse uses will be extended to manufacturing facilities and office buildings. The requirements for added and altered spaces (which currently apply only to multifamily) would be extended to nonresidential buildings and would also be applied when new photovoltaic systems are installed to cover existing parking spaces.

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Accessory Dwelling Units (ADUs): The existing and Intervening Code mandatory and voluntary provisions for EV charging apply to ADUs. However, most ADUs in Cotati are exempt from the need to provide parking per State law, so relatively few ADU projects will be compelled to provide EV charging.

The changes proposed for the Intervening Code update are still subject to change at this time, although that is unlikely at this point in the process, which began in January 2022. The Intervening Code is due to be considered for adoption by the BSC by August 2023.

If adopted, Cotati’s EV charging reach code ordinance must be filed with the BSC. The effective date of the ordinance will be the later of 30 days following the second reading and adoption of the ordinance, or the date of filing with the BSC.

The EV charging reach code would need to be re-adopted, which may include new mandatory measures and/or additional voluntary measures, with the triennial update of the California Building Code in 2025 (taking effect January 1, 2026).

A strikeout version of the proposed ordinance is included as Attachment 2 to the staff report, to allow comparison of the Tier 1 provisions and the mandatory provisions they are replacing.

III. General Plan Consistency
The proposed ordinance to increase EV charging requirements is consistent with the following goals of the City’s General Plan:

Circulation Element
Objective CI 3A: Reduce the levels of greenhouse gas (GHG) emissions created by automobile traffic in Cotati.

Policy CI 3.1: Actively support the Regional Climate Protection Authority (RCPA) in its efforts to reduce GHG emissions to a level that is 25% below 1990 levels by 2015 and 40% below 1990 levels by 2035.

Conservation Element

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Objective CON 2B: Reduce emissions of greenhouse gases from city operations and community sources.

Policy CON 2.7: Continue to aggressively implement the greenhouse gas (GHG) reduction measures contained in the 2008 Cotati Greenhouse Gas Emissions Reduction Action Plan.

Policy CON 2.8: Support the development and implementation of a GHG reduction plan, or Climate Action Plan, that addresses and reduces GHG emissions associated with community operations, including but not limited to: mobile sources (vehicle traffic), energy consumption, and solid waste.

IV. Financial Considerations
The proposed ordinance will not have an adverse financial impact on the City. The staff time to prepare the ordinance will be absorbed into the Community Development Department’s budget and staff time to review and process building permits for projects including EV charging will be recovered through building permit fees.

V. Environmental Issues
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) under the following Sections:

1. 15061(b)(3) on the grounds that these standards are more stringent than the State green building standards, there are no reasonably foreseeable adverse impacts and there is no possibility that the activity in question may have a significant effect on the environment.

2. 15145 on the grounds that no physical changes to the environment will result from adoption of the proposed code amendments alone and that evaluation of future projectlevel impacts would be too speculative to include in this analysis. Future developments allowed by the code amendments would be subject to individual review and to projectspecific use, development, and design standards on a project specific basis, including project-level CEQA analysis if applicable.

3. 15183 on the grounds that the proposed code amendment is intended to maintain the potential intensity of development that may otherwise be permitted in the underlying zoning districts where developments subject to the code amendment may occur. Thus, the proposed code amendments maintain the current potential for environmental impacts as

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analyzed in the Cotati General Plan Environmental Impact Report (EIR) (SCH# 2013-08- 2037), certified in March 2015.

4. Section 15268 on the grounds that pursuant to Government Code Section 65850.7(b), cities shall administratively approve electric vehicle charging stations through a nondiscretionary building permit. In accordance with Section 15268, ministerial projects, such as issuance of a building permit, are exempt from CEQA.

5. Sections 15307 and 15308 on the grounds that: a) the City, as regulatory agency, is authorized to amend the Green Building Standards Code; b) this ordinance assures the maintenance and protection of the environment by amending the Green Building Standards Code to impose more stringent EV charging requirements for future buildings and certain additions and alteration; and c) the ordinance will institute regulatory requirements intended to protect the environment and natural resources by requiring installation of more EV charging infrastructure, which will reduce the amount of fossil fuels burned, thereby reducing the amount of GHG emissions.

6. Section 15378 on the grounds that this action is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Attachments:

Attachment 1 EV Charging Glossary (PDF)
Attachment 2 Ordinance including strikeouts(PDF)
Attachment 3 Staff Presentation (PDF)

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Attachment 1: Electric Vehicle (EV) Charging Glossary
Charger, or Electric Vehicle Supply Equipment (EVSE): A permanently installed device that can be plugged directly into an EV. Connection types vary and converters may be needed.

Receptacle: An outlet that can be used to charge an EV via portable charging equipment or which can be used to power a permanently installed charger.

Level 1 EV Ready: A parking space with the lowest level of charging, which requires 12 or more hours to reach a full charge. It consists of a dedicated (single purpose) standard 120-volt, 20-amp receptacle.

Level 2 EV Ready: A parking space with an electric circuit that can support a standard Level 2 charger, which has four times the power of a Level 1 charger. It typically provides an 80% charge in about 3 hours. It consists of a dedicated 208/240-volt, 40-amp circuit and receptacle that can be used by portable charging equipment or a permanently installed on-site charger.

Level 2 EV Capable: A parking space capable of supporting future Level 2 EV charging, which includes raceway and/or sheathed cable, panel capacity, and circuit breaker space for a 208/240- volt, 40-amp minimum branch circuit.

Low Power Level 2 Receptacle: A parking space with mid-level charging capacity that has half the power of Level 2 EV charging. It consists of a dedicated 208/240-volt, 20-amp circuit and receptacle that can be used by a portable charger. It is useful in situations where electrical capacity is limited and where slower charging times can be tolerated.

DC Fast Charger: A parking space with the highest level of standard charging for automobiles.

It can typically provide an 80% charge in 20 minutes. It requires a minimum circuit capacity of 400 volts and 100 amps.

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Packet Pg. 261 Attachment: Attachment 1 EV Charging Glossary (EV Charging Reach Code Staff Report) ORDINANCE NO.

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Packet Pg. 262 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report) WHEREAS, the City Council finds that in order to best protect the health, safety and welfare of the citizens of the City of Cotati, the standards of building within the City must conform with state law except where local conditions warrant more restrictive regulations; and WHEREAS, in light of the foregoing, the City Council finds that certain local amendments to Chapter 14.04 of the Cotati Municipal Code related to installation of EV charging infrastructure in an effort to reduce GHG emissions are necessary in order to better address local conditions which warrant more restrictive regulations; and
WHEREAS, the California Energy Commission has concluded that EV charging does not constitute an energy efficiency or conservation standard and is outside their scope, and that electric vehicle related amendments may be made in Part 11 of the California Building Standards Code, called the California Green Building Standards Code (“CALGreen”); and WHEREAS, this Reach Code Ordinance contains amendments to CALGreen as set forth in CMC Chapter 14.04 that are more stringent than the CALGreen standards by requiring EV charging infrastructure and equipment, resulting in reduced greenhouse gas emissions from burning fossil fuels; and
WHEREAS, nothing in this Ordinance is intended to amend or conflict with any provisions of the Energy Policy and Conservation Act of 1975, the National Energy Conservation Policy Act of 1978, or any subsequent amendments, including but not limited to the Energy Policy Act of 1992, or to impose requirements to use or install any applicable appliance or appliance system; and
WHEREAS, this ordinance is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) on the grounds that these standards are more stringent than the State green building standards, there are no reasonably foreseeable adverse impacts and there is no possibility that the activity in question may have a significant effect on the environment; under Section 15145 on the grounds that no physical changes to the environment will result from adoption of the proposed code amendments alone, that evaluation of future project-level impacts would be too speculative to include in this analysis, and that future developments allowed by the code amendments would be subject to individual review and to project-specific use, development, and design standards on a project specific basis, including project-level CEQA analysis if applicable; under Section 15183 on the grounds that the proposed code amendment is intended to maintain the potential intensity of development that may otherwise be permitted in the underlying zoning districts where developments subject to the code amendment may occur and thus the proposed code amendments maintain the current potential for environmental impacts as analyzed in the Cotati General Plan Environmental Impact Report (EIR) (SCH# 2013- 08-2037), certified in March 2015; under Section 15268 on the grounds that pursuant to Government Code Section 65850.7(b), cities shall administratively approve electric vehicle charging stations through a nondiscretionary building permit and per Section 15268, ministerial projects, such as issuance of a building permit, are exempt from CEQA; under Sections 15307 and 15308 on the grounds that: a) the City, as regulatory agency, is authorized to amend the Green Building Standards Code; b) this ordinance assures the maintenance and protection of the

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Packet Pg. 263 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report) environment by amending the Green Building Standards Code to impose more stringent EV charging requirements for future buildings and certain additions and alterations; and c) the ordinance will institute regulatory requirements intended to protect the environment and natural resources by requiring installation of more EV charging infrastructure, which will reduce the amount of fossil fuels burned, thereby reducing the amount of GHG emissions; and under Section 15378 because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and
WHEREAS, the City Council finds that the Reach Code Ordinance is consistent with the intent of the City of Cotati General Plan; and
WHEREAS, notice of this ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter contained therein; and WHEREAS, the City Council held a duly noticed public hearing on June 13, 2023, and has reviewed all evidence submitted in connection with the staff report, including public testimony and all other documents and evidence that are part of the City administrative record.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:

SECTION 1. Purpose.

The purpose of this chapter is to modify the applicable provisions of the 2022 California Green Building Standards Code (Title 24, Part 11) (CALGreen) of the California Code of Regulations that apply to EV charging, and to enhance long-term public health and welfare by contributing to the overall reduction of greenhouse gas emissions associated with fossil fuel combustion.

SECTION 2. Findings.

The City of Cotati incorporates the findings above by reference and adopts these additional findings.

A. Human activities, such as burning natural gas to heat buildings and water, releases greenhouse gases into the atmosphere and causes an overall increase in global average temperature. An increase in global average temperatures causes more extreme and frequent weather events. Reducing the number of gas- and diesel-fueled vehicles by promoting EV charging availability will reduce the amount of fossil fuel that is burned, thus reducing the amount of greenhouse gases released into the atmosphere.

B. The City is in Climate Zone 2 as established by the 2022 California Energy Code. The City, on average, experiences an approximate annual rainfall of 30 inches. This rainfall can normally be expected between October and April. During the winter months, the City may experience periods of heavy rain, which causes local flooding.

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Packet Pg. 264 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report) Winter storms are often accompanied by high winds, which have uprooted trees and damaged power lines. The City can also experience periods of heavy fog, which can delay responding fire apparatus and prevent early discovery of structure fires. During the dry period, temperatures range from 70 to 82 degrees, with increasingly frequent heat spikes into the 90s. These temperatures are occasionally accompanied by light to gusty winds, which when coupled with highly flammable vegetation, can cause uncontrollable fires. Wind driven fires could have severe consequences, as has been demonstrated on numerous occasions throughout the state.

C. The City is susceptible to seismic hazards resulting from movement along any one of several known faults in the area. The most serious direct earthquake hazard threat is from the damage or collapse of buildings and other structures due to ground movement. In addition to damage caused by earthquakes, there is the possibility of earthquake-induced fires due to damaged gas lines, power lines, or heat producing appliances, and the unavailability of water for fire control due to broken water mains.

In the event of a major earthquake many areas of the City may not be accessible to emergency equipment and, if bridges or roads are damaged, the City may be isolated from outside assistance.

D. The City is divided by Highway 101 which creates a barrier and can obstruct traffic patterns and increase response time for fire equipment. The City's water supply and sewer system were both designed to work with existing topography but can be adversely affected by loss of normal operation. Sewer lift stations and well equipment can both be compromised by interruption in electrical service.

E. Local climatic, geologic and topographical conditions impact fire suppression efforts and the frequency, spread, intensity, and the size of fire involving structures in this community. Further, they impact potential damage to all structures from earthquake and subsequent fire. Therefore, it is found to be necessary that the California Building Standard Code Title 24 be amended to mitigate the effects of these conditions.

SECTION 3: Code Amendments.

Section. 14.04.130 of the Cotati Municipal Code is hereby repealed and readopted as follows:

Section 14.04.130 California Green Building Standards
Adoption of the California Code of Regulations Title-24 Part 11: California Green Building Standards Code 2022 edition as published by the International Code Conference and amended herein, including the following appendices:

Appendix Chapter A4, Residential Voluntary Measures, Tier 1 including Divisions A4.1, A4.3, A4.4 and A4.5, and Sections A4.601.1, A4.601.2, A4.601.3 and A4.601.4 of the California Green Building Standards Code, 2022 Edition, as amended herein.

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Packet Pg. 265 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report) Appendix Chapter A5, Non-Residential Voluntary Measures, Tier 1 including Divisions A5.1, A5.3, A5.4 and A5.5 and Sections A5.601.1, A5.601.2 and A5.601.4 of the California Green Building Standards Code, 2022 Edition, as amended herein.

The California Green Building Standards Code, Title 24, Part 11 and Appendices A4 and A5, are amended as specified below. Changes to the California Code are marked with underlines for additions and strikeouts for deletions. Sections not referenced are not modified.

Appendix A4 Residential Voluntary Measures Section A4.601.1 Scope is deleted in its entirety and amended to read as follows:

A4.601.1 Scope. The Tier 1 measures contained in this appendix, Division A4.1, A4.3, A4.4, A4.5 and A4.6 are adopted as mandatory provisions.

Appendix A5 Nonresidential Voluntary Measures Section A5.601.1 Scope is deleted in its entirety and amended to read as follows:

A5.601.1 Scope. The Tier 1 measures contained in this appendix, Division A5.1, A5.3, A5.4, A5.5 and A5.6 are adopted as mandatory provisions Section 202 Definitions, is amended to add or modify the following definitions to read as follows:

ELECTRIC VEHICLE (EV) CHARGER. [BSC-CG] Off-board charging equipment used to charge an electric vehicle.

ELECTRIC VEHICLE CHARGING STATION (EVCS). [HCD] One or more electric vehicle charging spaces served by EVSE or receptacle(s).electric vehicle charger(s) or other charging equipment allowing charging of electric vehicles. Electric vehicle charging stations are not considered parking spaces.

ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). [HCD] The conductors, including the ungrounded, grounded and equipment grounding conductors and the electric vehicle connectors, attachment plugs, personnel protection system, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). [HCD] The 208/240-volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs and all other fittings, devices, power outlets or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

LEVEL 2 ELECTRIC VEHICLE (EV) CHARGER. [HCD] A 208/240-volt 30- ampere minimum electric vehicle charger connected to the premises electrical system capable of charging electric vehicles.

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Packet Pg. 266 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report) LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING
RECEPTACLE. [HCD] A 208/240-volt 20-ampere minimum branch circuit and a receptacle for use by an EV driver to charge their electric vehicle or hybrid electric vehicle.

The first paragraph of Section 4.106.4 Electric vehicle (EV) charging for new construction is amended to read as follows:

4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Section 4.106.4.1 or 4.106.4.2 to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance comply with the California Electrical Code, Article 625.

The first paragraph of Section 4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages is amended to read as follows:

4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages. For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240-volt branch circuit and comply with Section A4.106.8.1, Tier 1. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.

The first paragraph of Section 4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities is modified as follows:

4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities. When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Sections 4.106.4.2.1 and 4.106.4.2.2. and A4.106.8.2, Tier 1. Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as an future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by a local jurisdiction. See Vehicle Code Section 22511.2 for further details.

Section 4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms is deleted in its entirety and Marked as “Reserved”.

Section 4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms is deleted in its entirety and replaced with text to read as follows:

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Packet Pg. 267 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report)

4.106.4.2.2 Multifamily dwellings, hotels and motels

1. EV Ready Parking Spaces with Receptacles
a. Reserved (see A4.106.8.2)
b. Reserved (see A4.106.8.2)
c. Receptacle Power Source. EV charging receptacles in
multifamily parking facilities shall be provided with a dedicated branch circuit connected to the dwelling unit’s electrical panel, unless determined as infeasible by the project builder or designer and subject to concurrence of the local enforcing agency.

Exception: Areas of parking facilities served by parking lifts, including but not limited to automated mechanical-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging.
d. Receptacle Configurations. 208/240V EV charging receptacles shall comply with one of the following configurations:

1. For 20- ampere receptacles, NEMA 6-20R

2. For 30- ampere receptacles, NEMA 14-30R

3. For 50- ampere receptacles, NEMA 14-50R

2. Reserved
Section 4.106.4.2.2.1 Electric vehicle charging stations (EVCS) is amended to read as follows:

4.106.4.2.2.1 Electric vehicle charging stations (EVCS) Electric vehicle charging stations required by Section 4.106.4.2.2.1.2, Item 3, with EV chargers installed shall comply with Section 4.106.4.2.2.1.1.

Exception: Electric vehicle charging stations serving public accommodations, public housing, motels and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

Section 4.106.4.2.2.1.1 Location is deleted in its entirety.

Section 4.106.4.2.2.1.2 Electric vehicle charging stations (EVCS) dimensions is renumbered as Section 4.106.4.2.2.1.1 and amended to read as follows:

4.106.4.2.2.1.21 Electric vehicle charging stations (EVCS) spaces with EV chargers installed; dimensions and location. The charging EVCS spaces shall be designed to comply with the following:

1. The minimum length of each EVCS space shall be 18 feet (5486 mm).

2. The minimum width of each EVCS space shall be 9 feet (2743 mm).

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Packet Pg. 268 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report)

3. One in every 25 charging EVCS spaces, but not less than one, shall also have an 8- foot (2438 mm) wide aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EVCS space is 12 feet (3658 mm). a.

Surface slope for this EVCS space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction. These EVCS spaces shall also comply with at least one of the following:
a. The EVCS space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space. b. The EVCS space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.2.1.1.

Section 4.106.4.2.2.1.3 Accessible EV spaces is renumbered as Section 4.106.4.2.2.1.2 and amended to read as follows:

4.106.4.2.2.1.32 Accessible EV electric vehicle charging station spaces. In addition to the requirements in Sections 4.106.4.2.2.1.1 and 4.106.4.2.2.1.2, all EVSE EV chargers, whenwhere installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.

Section 4.106.4.2.3 EV space requirements is deleted in its entirety and Marked as “Reserved”.

Section 4.106.4.2.4 Identification is deleted in its entirety and Marked as “Reserved”.

Section 4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings is amended to read as follows:

4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings. When Where new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered shall be electric vehicle charging spaces (EV capable spaces) capable of supporting to support future Level 2 EVSE electric vehicle supply equipment. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE.”
Notes:

1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.

2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.

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Packet Pg. 269 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report) Appendix A4 Residential Voluntary Measures, Section A4.106.8 Electric vehicle (EV) charging for new construction is adopted as mandatory and amended to read as follows:

A4.106.8 Electric vehicle (EV) charging for new construction. New construction shall comply with Sections A4.106.8.1, or A4.106.8.2 or A4.106.8.3, to facilitate future the installation and use of electric vehicle chargers EV ready spaces. Electric vehicle supply equipment (EVSE) shall comply be installed in accordance with the California Electrical Code, Article 625.

Appendix A4 Residential Voluntary Measures, Section A4.106.8.2 New multifamily development projects and hotels and motels, Tier 1 is adopted as mandatory and amended to read as follows:

A4.106.8.2 New multifamily development projects and dwellings, hotels and motels.

New multifamily development projects and dwellings, hotels and motels shall meet the following requirements.

A4.106.8.2.1 New multifamily development projects, and, hotels and motels.

Tier 1.

EV Ready. Thirty-five (35) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

Exception: Areas of parking facilities served by parking lifts.

EV Chargers for projects with 20 or more dwelling units, sleeping units or guest rooms. Ten (10) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.

1. Hotels and Motels
Fifty (50) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles.

Fifteen (15) percent of the total number of parking spaces for hotels and motels shall be equipped with Level 2 EV chargers. At least fifty (50) percent of the required EV chargers shall be equipped with J1772 connectors.

Exception: Hotels and motels may substitute Level 2 EV chargers for some or all of the required EV charging receptacles. Where Level 2 EV chargers are installed in place of low power Level 2 receptacles, at least fifty (50) percent of the installed EV chargers shall be equipped with J1772 connectors.

2. Multifamily Parking Facilities

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Packet Pg. 270 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report) Fifty (50) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. EV charging receptacles required by this section shall be located in at least one assigned parking space per dwelling unit where assigned parking is provided but need not exceed fifty (50) percent of the total number of parking spaces provided on the site.

Fifteen (15) percent of the total number of parking spaces shall be equipped with Level 2 EV chargers. At least fifty (50) percent of the required EV chargers shall be equipped with J1772 connectors. Where common use parking or unassigned parking is provided, EV chargers shall be located in common use or unassigned parking areas and shall be available for use by all residents or guests.

Exception to Section A4.106.8.2: Areas of parking facilities served by parking lifts, including but not limited to automated mechanical-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging.

Note to Section A4.106.8.2: An automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EV chargers shall have a capacity of not less than 30 amperes.

Appendix A4 Residential Voluntary Measures, Section A4.106.8.2.2 Technical Requirements is adopted as mandatory and amended to read as follows:

A4.106.8.2.2 Technical requirements. The EV spaces required by Section A4.106.8.2 shall be designed and constructed in accordance with Sections 4.106.4.2, 4.106.4.2.1 (Notes), 4.106.4.2.2 (Notes), 4.106.4.2.2.1.1, 4.106.4.2.2.1.2, 4.106.4.2.2.1.3, 4.106.4.2.3,

4.106.4.2.4 and 4.106.4.2.5.

The first paragraph of Section 5.106.5.3 Electric Vehicle (EV) charging is amended to read as follows:

5.106.5.3 Electric vehicle (EV) charging. [N] Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section A5.106.5.3 (Tier 1) 5.106.5.3.1, and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code.

Section 5.106.5.3.2 Electric vehicle charging stations (EVCS) is amended to read as follows:

5.106.5.3.2 Electric vehicle charging stations (EVCS). EV capable spaces shall be provided with electric vehicle supply equipment (EVSE) to create EVCS in the number indicated in Section A5.106.5.3 Table 5.106.5.3.1. The EVCS required by Section A5.106.5.3Table 5.106.5.3.1 may shall be provided with Level 2 EVSE or DCFC as

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Packet Pg. 271 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report) permitted in Section 5.106.5.3.2.1. in any combination of Level 2 and Direct Current Fast Charging (DCFC), except that at least one Level 2 EVSE shall be provided. At least one Level 2 EVSE shall be provided.

One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section A5.106.5.3 5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger.

5.106.5.3.2.1 The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE or EVCS with Level 2 EVSE by five and reduce proportionally the required electrical load capacity to the service panel or subpanel.

5.106.5.3.2.2 The installation of two Low Power Level 2 EV charging receptacles shall be permitted to reduce the minimum number of required EV capable spaces without EVSE in Section A5.106.3 by one.

Section 5.106.5.3.4 Accessible EVCS is amended to read as follows:

5.106.5.3.4 Accessible electric vehicle charging station (EVCS). When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3.

Note: For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s) Section 5.106.5.3.5 Electric vehicle charging station signage is added to read as follows:

5.106.5.3.5 Electric vehicle charging station signage. Electric vehicle charging stations shall be identified by signage or pavement markings in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Section 5.106.5.4 Electric vehicle (EV) charging: medium-duty and heavy-duty is renumbered as Section 5.106.5.5 and amended to read as specified below.

A new Section 5.106.5.4 Additions or Alterations to existing buildings or parking facilities is added to read as follows:

5.106.5.4 Additions or Alterations to existing buildings or parking facilities [A]. [BSCCG] Existing buildings or parking facilities being modified by one of the following, shall comply with Section 5.106.5.4.1 or 5.106.5.4.2. When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code, Chapter 11B, Section 11B-228.3.

1. When the scope of construction work includes an increase in power supply to an electric service panel as part of a parking facility addition or alteration.

2. When a new photovoltaic system is installed covering existing parking spaces.

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Packet Pg. 272 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report)

3. When additions or alterations to existing buildings are triggered pursuant to code Section 301.3 and the scope of work includes an increase in power supply to an electric service panel.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section

5.106.5.3, may adversely impact the construction cost of the project. d. Where demonstrated as impracticable excluding local utility service or utility infrastructure issues.

2. Remote parking facilities that do not have access to the building service panel.

3. Parking area lighting upgrades where no trenching is part of the scope of work.

4. Emergency repairs including but not limited to, water line break in parking facilities, natural disaster repairs, etc.

5.106.5.4.1 Existing buildings or parking areas without previously installed EV capable infrastructure [A]. When EV capable infrastructure does not exist at an existing parking facility or building, and the parking facility or building undergoes an addition or alteration listed in Section 5.106.5.4, construction shall include electric vehicle charging in compliance with Section 5.106.5.3 for the total number of actual parking spaces being added or altered.

5.106.5.4.2 Existing buildings or parking areas with previously installed EV capable infrastructure [A]. When EV capable infrastructure is available at an existing parking facility or building, and the parking facility or building is undergoing an addition or alteration listed in Section 5.106.5.4, construction shall include electric vehicle charging in compliance with Section 5.106.5.3 utilizing the existing EV capable allocated power and infrastructure for the total number of actual parking spaces being added or altered. If the area being added or altered exceeds the existing EV capable capacity, allocated power and infrastructure, provide additional EV charging as needed to comply with this section.

Section 5.106.5.5, previously numbered as Section 5.106.5.4 Electric vehicle (EV) charging:
medium-duty and heavy-duty, is amended to read as follows:

5.106.5. 4 5 Electric vehicle (EV) charging: medium-duty and heavy-duty. [N] [BSCCG] Construction shall comply with Section 5.106.5. 4 5.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores, retail stores, office buildings, and manufacturing facilities with planned off-street

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Packet Pg. 273 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report) loading spaces shall also comply with Section 5.106.5. 4 5.1 for future installation of medium- and heavy-duty EVSE.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section

5.106.5.3, may adversely impact the construction cost of the project.

When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the California Electrical Code and as follows:

5.106.5. 4 5.1 Electric vehicle charging readiness requirements for warehouses, grocery stores and retail stores, office buildings, and manufacturing facilities with planned off-street loading spaces [N]
In order to avoid future demolition when adding EV supply and distribution equipment, spare raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s) or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:

1. The transformer, main service equipment and subpanels shall meet the minimum power requirement in Table 5.106.5. 4 5.1 to accommodate the dedicated branch circuits for the future installation of EVSE.

2. The construction documents shall indicate one or more location(s) convenient to the planned off-street loading space(s) reserved for medium- and heavy-duty ZEV charging cabinets and charging dispensers, and a pathway reserved for routing of conduit from the termination of the raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s), as shown in Table 5.106.5. 4 5.1.

3. Raceway(s) or busway(s) originating at a main service panel or a subpanel(s) serving the area where potential future medium- and heavy-duty EVSE will be located and shall terminate in close proximity to the potential future location of the charging equipment for medium- and heavy-duty vehicles.

4. The raceway(s) or busway(s) shall be of sufficient size to carry the minimum additional system load to the future location of the charging for medium- and heavy-duty ZEVs as shown in Table 5.106.5. 4 5.1.

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Packet Pg. 274 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report) TABLE 5.106.5. 4 5.1, RACEWAY CONDUIT AND PANEL
POWER REQUIREMENTS FOR MEDIUM-AND-HEAVY-DUTY EVSE [N]
Building type Building Size
(sq. ft.)
Number of Offstreet loading spacesAdditional capacity
Required (kVa) for
Raceway &
Busway and
Transformer &
Panel
Grocery 10,000 to 90,000 1 or 2 200
3 or Greater 400
Greater than
90,000 1 or Greater 400
Retail 10,000 to 135,000 1 or 2 200
3 or Greater 400
Greater than
135,000 1 or Greater 400
Warehouse 20,000 to 256,000 1 or 2 200
3 or Greater 400
Greater than
256,000 1 or Greater 400
Manufacturing
Facilities
10,000 to 50,000 1 or 2 200
Manufacturing
Facilities
10,000 to 50,000 3 or Greater 400
Manufacturing
Facilities
Greater than
50,000 1 or Greater 400
Office
Buildings
10,000 to 135,000 1 or 2 200
Office
Buildings
10,000 to 135,000 3 or Greater 400
Office
Buildings
Greater than
135,000 1 or Greater 400
Appendix A5 Nonresidential Voluntary Measures, Section A5.106.5.3 Electric vehicle (EV) charging is adopted as mandatory and amended to read as follows:

A5.106.5.3 Electric vehicle (EV) charging. Construction shall comply with Section A5.106.5.3.1 Tier 1 or A5.106.5.3.2, and in accordance with regulations in the California Building Code and the California Electrical Code.

A5.106.5.3.1 Tier 1. Comply with Section 5.106.5.3.1 EV capable spaces, Section

5.106.5.3.2 Electric vehicle charging stations and associated Table A5.106.5.3.1 Tier 1, or comply with Section A5.106.5.3.2 Electric vehicle charging stations (EVCS)-Power allocation method and associated Table A5.106.5.3.2 Tier 1. Table A5.106.5.3.1 shall be used to determine the number of EV capable spaces required. Refer to Section 5.106.5.3 for design space requirements.

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Packet Pg. 275 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report) When EV capable spaces are provided with EVSE to create EVCS per Table A5.106.5.3.1, r Refer to Section 5.106.5.3.2 for the allowed permitted use of Level 2 or Direct Current Fast Charger (DCFC) to create EVCS. Refer to Section 5.106.3.2.1 for the allowed use of DCFC to comply with both EV capable spaces and Level 2 EVSE. and Refer to Section 5.106.5.3.3 for the allowed use of Automatic Load Management System (ALMS).

TABLE A5.106.5.3.1 Tier 1
TOTAL

NUMBER OF
ACTUAL

PARKING
SPACES
TIER 1 NUMBER OF

REQUIRED EV

CAPABLE SPACES
TIER 1 NUMBER OF

EVCS (EV CAPABLE

SPACES PROVIDED
WITH EVSE) 2, 3
0-9 2 0
10-25 5 2
26-50 11 4
51-75 19 6
76-100 26 9
101-150 38 13
151-200 53 18
201 and over 30 percent of actual total
parking spaces1
33 percent of EV capable
spaces 1

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.

3. At least one Level 2 EVSE shall be provided.

Appendix A5 Nonresidential Voluntary Measures, Section A5.106.5.3.2 is deleted in its entirety and replaced with mandatory requirements to read as follows:

A5.106.5.3.2 Electric vehicle charging stations (EVCS)-Power allocation method.

The Power allocation method may be used as an alternative to the requirements in Section 5.106.5.3.1, Section 5.106.5.3.2 and associated Table A5.106.5.3.1 Tier 1. Use Table A5.106.5.3.2 Tier 1 to determine the total power in kVA required based on the total number of actual parking spaces.

Power allocation method shall include the following:

1. Use any kVA combination of EV capable spaces, Low Power Level 2, Level 2 or DCFC EVSEs.

2. At least one Level 2 EVSE shall be provided.

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Packet Pg. 276 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report) TABLE A5.106.5.3.2 Tier 1

1. Level 2 EVSE @ 6.6 kVA minimum.

2. At least one Level 2 EVSE shall be provided.

3. Maximum allowed kVA to be utilized for EV capable spaces is 67 percent.

4. If EV capable spaces are utilized they shall meet the requirements of Section

5.106.5.3.1 EV capable spaces.

Appendix A5 Nonresidential Voluntary Measures, Section A5.601, Table A5.601 is amended as follows:

The Tier 1 cell for Electric Vehicle Charging is amended to read as follows: Approx. 30% of total spaces Meet provisions of Section A5.106.5.3.

PARKING
SPACES

MINIMUM
TOTAL kVA
@ 6.6 kVA
TOTAL kVA REQUIRED

IN ANY COMBINATION OF EV
CAPABLE 3, 4, LOW POWER LEVEL
2 LEVEL 2 1, 2, OR DCFC
0-9 13.2 13.2
10-25 33 33
26-50 72.6 72.6
51-75 125.4 125.4
76-100 171.6 171.6
101-150 250.8 250.8
151-200 349.8 349.8
201 and over 30 percent of
actual parking
spaces x 6.6
Total required kVA =P x .30 x 6.6 Where
P=Parking spaces in facility

11.C.b
Packet Pg. 277 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report) allowed by the code amendments would be subject to individual review and to project-specific use, development, and design standards on a project specific basis, including project-level CEQA analysis if applicable. This ordinance is also exempt under Section 15183 on the grounds that the proposed code amendment is intended to maintain the potential intensity of development that may otherwise be permitted in the underlying zoning districts where developments subject to the code amendment may occur. Thus, the proposed code amendments maintain the current potential for environmental impacts as analyzed in the Cotati General Plan Environmental Impact Report (EIR) (SCH# 2013-08-2037), certified in March 2015. This ordinance is also exempt under Section 15268 on the grounds that pursuant to Government Code Section 65850.7(b), cities shall administratively approve electric vehicle charging stations through a nondiscretionary building permit. In accordance with Section 15268, ministerial projects, such as issuance of a building permit, are exempt from CEQA. This ordinance is also exempt under Sections 15307 and 15308 on the grounds that: a) the City, as regulatory agency, is authorized to amend the Green Building Standards Code; b) this ordinance assures the maintenance and protection of the environment by amending the Green Building Standards Code to impose more stringent EV charging requirements for future buildings and certain additions and alteration; and c) the ordinance will institute regulatory requirements intended to protect the environment and natural resources by requiring installation of more EV charging infrastructure, which will reduce the amount of fossil fuels burned, thereby reducing the amount of GHG emissions. This action is also exempt from CEQA because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Section 15378.

SECTION 5. Severability
If any word, phrase sentence part, section, subsection or other portion of this ordinance or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this ordinance, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City Council hereby declares that it would have passed this ordinance and each section, subsection sentence, clause and phrase of this ordinance, irrespective of the fact that any one or more sections, subsection, sentences, clauses or phrases is declared invalid or unconstitutional.

SECTION 6. Violations
Violation of the requirements of this Chapter shall be considered a violation of the Cotati Municipal Code, and shall be subject to enforcement in accordance with the provisions of Chapter 14.11.010 Penalties and violations of the Cotati Municipal Code.

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Packet Pg. 278 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report) SECTION 7. Effective Date
This ordinance shall take effect thirty (30) days after its adoption pursuant to California Government Code, or upon the date that the ordinance is filed with the California Building Standards Commission, whichever is later.

SECTION 8. Publication
The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk

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Packet Pg. 279 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report) Electric Vehicle
Charging Reach Code
Ordinance
Cotati City Council
Community Development
Department
June13, 2023

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Packet Pg. 280 Attachment: Attachment 3 Staff Presentation (EV Charging Reach Code Staff Report) Background  CA Building Code Updated 2022 (Triennial, 2023 -2025)
 Cotati adopted Tier1 of CALGreen code for EV
charging
 Intervening Code update of CA Building Code= higher
mandatory, Tier 1, and Tier 2 standards effective
7/1/2024
 Council workshop in April on reach codes: Council
direction to pursue Intervening Code Tier 1 on EV
charging ASAP
 Reach code related to all-electric buildings on hold
pending resolution of legal issues

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Packet Pg. 281 Attachment: Attachment 3 Staff Presentation (EV Charging Reach Code Staff Report) Cotati’s 2022 Code vs. Intervening Code
Tier 1 (Proposed Reach Code)
New single family/duplex
No change
One space must be Level 2
EV Ready
Applies to ADUs (although
most are parking-exempt)

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Packet Pg. 282 Attachment: Attachment 3 Staff Presentation (EV Charging Reach Code Staff Report) Cotati’s 2022 Code vs. Intervening Code Tier 1
(Proposed Reach Code): Multifamily/Hotels
 Existing MF—10% added/altered parking spaces—Level 2 EV Capable (also when electrical systems or lighting altered)
Size Measure CALGreen CALGreen Voluntary
Existing 2022 Code Mandatory Tier 1 Tier 2
Small (<20 units)
Level 2 EV Capable 10%
Low Power Level 2
Receptacles 25% 35% 40%
Large (> 20 units)
Level 2 EV Capable 10%
Low Power Level 2
Receptacles 25% 35% 40%
Level 2 EVSE 5% 10% 15%
Proposed Intervening Code Mandatory Tier 1 Tier 2
All sizes
Low Power Level 2
Receptacles 40% 50% 55%
Level 2 EVSE 15% 15% 20%

11.C.c
Packet Pg. 283 Attachment: Attachment 3 Staff Presentation (EV Charging Reach Code Staff Report) Cotati’s 2022 Code vs. Intervening Code
Tier 1 (Proposed Reach Code)
Non-Residential
 New buildings
 EV Capable: Minimum 2 spaces
 EVSE: Minimum 1 space (New)
 New: Charging for medium- and heavyduty EVs extended to manufacturing facilities, office buildings
 Existing Buildings
 New: 10% of added/altered parking
spaces must be Level 2 EV Capable
(also when electrical systems or
lighting altered, or PVs added)

TOTAL NUMBER OF

ACTUAL PARKING
SPACES
TIER 1 NUMBER OF REQUIRED

EV CAPABLE SPACES
TIER 1 NUMBER OF EVCS (EV

CAPABLE SPACES PROVIDED

WITH EVSE)
0-9 2 0
10-25 5 2
26-50 11 4
51-75 19 6
76-100 26 9
101-150 38 13
151-200 53 18
201 and over 30 percent of actual parking
spaces
33 percent of EV capable
spaces
TABLE A5.106.5.3.1
Tier 1 Standards for Non-Residential

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Packet Pg. 284 Attachment: Attachment 3 Staff Presentation (EV Charging Reach Code Staff Report) Adoption Process  If adopted, reach code filed with CA Building Standards Commission (BSC)
 Effective date the later of 1) Filing with BSC or
2) 30 days following adoption
 Reach code needs to be re-adopted with triennial
update ofCA Building Code in 2025 (for
1/1/2026)
 New mandatory measures from State or
additional voluntary measures may be adopted

11.C.c
Packet Pg. 285 Attachment: Attachment 3 Staff Presentation (EV Charging Reach Code Staff Report) Recommendation
The Community Development
Department recommends that the City
Council hold a public hearing and
introduce an ordinance amending the
City’s Building Code to require
increased electric vehicle charging
infrastructure and equipment in
building projects.

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Packet Pg. 286 Attachment: Attachment 3 Staff Presentation (EV Charging Reach Code Staff Report) ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI AMENDING THE COTATI MUNICIPAL CODE CHAPTER 14.04 “BUILDING AND CONSTRUCTION, UNIFORM CODES” TO ADOPT AN ELECTRIC VEHICLE CHARGING REACH CODE
WHEREAS, greenhouse gas (“GHG”) accumulation in the atmosphere as the result of human activity is the primary cause of the global climate crisis; and WHEREAS, the State of California enacted Senate Bill (SB) 32 to require that GHG emissions be reduced to 40% below 1990 levels by 2030 and Governor Brown issued Executive Order B-55-18 establishing a statewide target of carbon neutrality by 2045; and WHEREAS, California has committed to transition the state’s electricity to 100% clean sources before 2045; and
WHEREAS, on November 26, 2019 the City Council passed Resolution 2019-74 declaring a climate emergency and joined a nationwide call for a just transition away from fossil fuels; and
WHEREAS, the Sonoma Climate Mobilization Strategy, which encourages local jurisdictions to pursue Reach Codes as a means to reduce GHG emissions, was adopted by the Regional Climate Protection Authority on March 8, 2021, and includes as a key strategy the increased installation of electric vehicle (“EV”) charging stations; and WHEREAS, Cotati and its neighboring jurisdictions are already experiencing and at risk of more frequently experiencing the devastating effects of extreme heat and weather events and flooding caused by climate change, including increased frequency and magnitude of wildfires and associated air pollution, health impacts, utility and transportation service interruptions, economic disruption, property loss, dislocation, housing shortages, food insecurity, school closures, impacts on agricultural production, and increased demand on public sector resources and emergency response capacity; and
WHEREAS, on October 25, 2022, at a duly noticed public hearing, the City Council adopted by ordinance the 2022 California Building Standards Code (Title 24 of the California Code of Regulations), with minor amendments, as Chapter 14.04 “Building and Construction, Uniform Codes” of the Cotati Municipal Code (CMC) to take effect January 1, 2023; and WHEREAS, local jurisdictions are authorized by Health and Safety Code Sections 18941.5, 17958.5, and 17958.7 to adopt local ordinances, known as Reach Codes, that are more restrictive than the minimum standards defined by the California Building Standards Code when deemed reasonably necessary because of local climatic, geological, or topographical conditions; and
Packet Pg. 287
WHEREAS, the City Council finds that in order to best protect the health, safety and welfare of the citizens of the City of Cotati, the standards of building within the City must conform with state law except where local conditions warrant more restrictive regulations; and WHEREAS, in light of the foregoing, the City Council finds that certain local amendments to Chapter 14.04 of the Cotati Municipal Code related to installation of EV charging infrastructure in an effort to reduce GHG emissions are necessary in order to better address local conditions which warrant more restrictive regulations; and WHEREAS, the California Energy Commission has concluded that EV charging does not constitute an energy efficiency or conservation standard and is outside their scope, and that electric vehicle related amendments may be made in Part 11 of the California Building Standards Code, called the California Green Building Standards Code (“CALGreen”); and WHEREAS, this Reach Code Ordinance contains amendments to CALGreen as set forth in CMC Chapter 14.04 that are more stringent than the CALGreen standards by requiring EV charging infrastructure and equipment, resulting in reduced greenhouse gas emissions from burning fossil fuels; and
WHEREAS, nothing in this Ordinance is intended to amend or conflict with any provisions of the Energy Policy and Conservation Act of 1975, the National Energy Conservation Policy Act of 1978, or any subsequent amendments, including but not limited to the Energy Policy Act of 1992, or to impose requirements to use or install any applicable appliance or appliance system; and
WHEREAS, this ordinance is exempt from the California Environmental Quality Act (CEQA) under:
i. Section 15061(b)(3) on the grounds that these standards are more stringent than the State green building standards, there are no reasonably foreseeable adverse impacts and there is no possibility that the activity in question may have a significant effect on the environment;
ii. Section 15145 on the grounds that no physical changes to the environment will result from adoption of the proposed code amendments alone, that evaluation of future projectlevel impacts would be too speculative to include in this analysis, and that future developments allowed by the code amendments would be subject to individual review and to project-specific use, development, and design standards on a project specific basis, including project-level CEQA analysis if applicable; iii. Section 15183 on the grounds that the proposed code amendment is intended to maintain the potential intensity of development that may otherwise be permitted in the underlying zoning districts where developments subject to the code amendment may occur and thus the proposed code amendments maintain the current potential for environmental impacts as analyzed in the Cotati General Plan Environmental Impact Report (EIR) (SCH# 2013- 08-2037), certified in March 2015;
iv. Section 15268 on the grounds that pursuant to Government Code Section 65850.7(b), cities shall administratively approve electric vehicle charging stations through a Packet Pg. 288
nondiscretionary building permit and per Section 15268, ministerial projects, such as issuance of a building permit, are exempt from CEQA;
v. Sections 15307 and 15308 on the grounds that: a) the City, as regulatory agency, is authorized to amend the Green Building Standards Code; b) this ordinance assures the maintenance and protection of the environment by amending the Green Building Standards Code to impose more stringent EV charging requirements for future buildings and certain additions and alterations; and c) the ordinance will institute regulatory requirements intended to protect the environment and natural resources by requiring installation of more EV charging infrastructure, which will reduce the amount of fossil fuels burned, thereby reducing the amount of GHG emissions; and vi. Section 15378 because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and
WHEREAS, the City Council finds that the Reach Code Ordinance is consistent with the intent of the City of Cotati General Plan; and
WHEREAS, notice of this Ordinance was published in accordance with Government Code Section and 6066; and such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter contained therein; and WHEREAS, the City Council held a duly noticed public hearing on June 13, 2023, and has reviewed all evidence submitted in connection with the staff report, including public testimony and all other documents and evidence that are part of the City administrative record.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:

SECTION 1. Purpose.

SECTION 2. Findings.

The City of Cotati incorporates the findings above by reference and adopts these additional findings.

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B. The City is in Climate Zone 2 as established by the 2022 California Energy Code. The City, on average, experiences an approximate annual rainfall of 30 inches. This rainfall can normally be expected between October and April. During the winter months, the City may experience periods of heavy rain, which causes local flooding.

Winter storms are often accompanied by high winds, which have uprooted trees and damaged power lines. The City can also experience periods of heavy fog, which can delay responding fire apparatus and prevent early discovery of structure fires. During the dry period, temperatures range from 70 to 82 degrees, with increasingly frequent heat spikes into the 90s. These temperatures are occasionally accompanied by light to gusty winds, which when coupled with highly flammable vegetation, can cause uncontrollable fires. Wind driven fires could have severe consequences, as has been demonstrated on numerous occasions throughout the state.

In the event of a major earthquake many areas of the City may not be accessible to emergency equipment and, if bridges or roads are damaged, the City may be isolated from outside assistance.

SECTION 3: Code Amendments.

Section. 14.04.130 of the Cotati Municipal Code is hereby repealed and readopted as follows:

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Appendix Chapter A4, Residential Voluntary Measures, Tier 1 including Divisions A4.1, A4.3, A4.4 and A4.5, and Sections A4.601.1, A4.601.2, A4.601.3 and A4.601.4 of the California Green Building Standards Code, 2022 Edition, as amended herein.

Appendix Chapter A5, Non-Residential Voluntary Measures, Tier 1 including Divisions A5.1, A5.3, A5.4 and A5.5 and Sections A5.601.1, A5.601.2 and A5.601.4 of the California Green Building Standards Code, 2022 Edition, as amended herein.

Appendix A4 Residential Voluntary Measures Section A4.601.1 Scope is deleted in its entirety and amended to read as follows:

A4.601.1 Scope. The Tier 1 measures contained in this appendix, Division A4.1, A4.3, A4.4, A4.5 and A4.6 are adopted as mandatory provisions.

Appendix A5 Nonresidential Voluntary Measures Section A5.601.1 Scope is deleted in its entirety and amended to read as follows:

ELECTRIC VEHICLE (EV) CHARGER. [BSC-CG] Off-board charging equipment used to charge an electric vehicle.

ELECTRIC VEHICLE CHARGING STATION (EVCS). [HCD] One or more electric vehicle charging spaces served by EVSE or receptacle(s).

LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT. [HCD] The 208/240-volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs and all other fittings, devices, power outlets or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

LEVEL 2 ELECTRIC VEHICLE (EV) CHARGER. [HCD] A 208/240-volt 30- ampere minimum electric vehicle charger connected to the premises electrical system capable of charging electric vehicles.

LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING
RECEPTACLE. [HCD] A 208/240-volt 20-ampere minimum branch circuit and a receptacle.

The first paragraph of Section 4.106.4 Electric vehicle (EV) charging for new construction is amended to read as follows:

4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Section 4.106.4.1 or 4.106.4.2. Electric vehicle supply equipment (EVSE) shall comply with the California Electrical Code.

The first paragraph of Section 4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages is amended to read as follows:

Packet Pg. 291

The first paragraph of Section 4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities is modified as follows:

4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities. When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Sections 4.106.4.2.2. and A4.106.8.2, Tier 1. Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as an EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by a local jurisdiction. See Vehicle Code Section 22511.2 for further details.

4.106.4.2.2 Multifamily dwellings, hotels and motels

1. For 20- ampere receptacles, NEMA 6-20R

2. For 30- ampere receptacles, NEMA 14-30R
Packet Pg. 292

3. For 50- ampere receptacles, NEMA 14-50R

2. Reserved
Section 4.106.4.2.2.1 Electric vehicle charging stations (EVCS) is amended to read as follows:

4.106.4.2.2.1 Electric vehicle charging stations (EVCS) Electric vehicle charging stations required by Section 4.106.4.2, with EV chargers installed shall comply with Section 4.106.4.2.2.1.1.

Section 4.106.4.2.2.1.1 Location is deleted in its entirety.

Section 4.106.4.2.2.1.2 Electric vehicle charging stations (EVCS) dimensions is renumbered as Section 4.106.4.2.2.1.1 and amended to read as follows:

4.106.4.2.2.1.1 Electric vehicle charging stations (EVCS) spaces with EV chargers installed; dimensions and location. EVCS spaces shall be designed to comply with the following:

1. The minimum length of each EVCS space shall be 18 feet (5486 mm).

2. The minimum width of each EVCS space shall be 9 feet (2743 mm).

3. One in every 25 EVCS spaces, but not less than one, shall also have an 8-foot (2438 mm) wide aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EVCS space is 12 feet (3658 mm).

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.2.1.1.

Section 4.106.4.2.2.1.3 Accessible EV spaces is renumbered as Section 4.106.4.2.2.1.2 and amended to read as follows:

4.106.4.2.2.1.32 Accessible electric vehicle charging station spaces. In addition to the requirements in Section 4.106.4.2.2.1.1, all EV chargers, where installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.

Section 4.106.4.2.3 EV space requirements is deleted in its entirety and Marked as “Reserved”.

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Section 4.106.4.2.4 Identification is deleted in its entirety and Marked as “Reserved”.

Section 4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings is amended to read as follows:

4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings. Where new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered shall be EV capable spaces to support future Level 2 electric vehicle supply equipment. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE.” Notes:

1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.

2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.

Appendix A4 Residential Voluntary Measures, Section A4.106.8 Electric vehicle (EV) charging for new construction is adopted as mandatory and amended to read as follows:

A4.106.8 Electric vehicle (EV) charging for new construction. New construction shall comply with Sections A4.106.8.1 or A4.106.8.2, to facilitate the installation and use of EV ready spaces. Electric vehicle supply equipment (EVSE) shall comply with the California Electrical Code.

Appendix A4 Residential Voluntary Measures, Section A4.106.8.2 New multifamily development projects and hotels and motels, Tier 1 is adopted as mandatory and amended to read as follows:

A4.106.8.2 New multifamily dwellings, hotels and motels. New multifamily dwellings, hotels and motels shall meet the following requirements.

A4.106.8.2.1 New multifamily development projects, and, hotels and motels.

Tier 1.

1. Hotels and Motels
Fifty (50) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles.

2. Multifamily Parking Facilities
Fifty (50) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. EV charging receptacles required Packet Pg. 294
by this section shall be located in at least one assigned parking space per dwelling unit where assigned parking is provided but need not exceed fifty (50) percent of the total number of parking spaces provided on the site.

Appendix A4 Residential Voluntary Measures, Section A4.106.8.2.2 Technical Requirements is adopted as mandatory and amended to read as follows:

A4.106.8.2.2 Technical requirements. The EV spaces required by Section A4.106.8.2 shall be designed and constructed in accordance with Sections 4.106.4.2, 4.106.4.2.2.1.1,

4.106.4.2.2.1.2, and 4.106.4.2.5.

The first paragraph of Section 5.106.5.3 Electric Vehicle (EV) charging is amended to read as follows:

5.106.5.3 Electric vehicle (EV) charging. [N] Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section A5.106.5.3 (Tier 1) and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code.

Section 5.106.5.3.2 Electric vehicle charging stations (EVCS) is amended to read as follows:

5.106.5.3.2 Electric vehicle charging stations (EVCS). EV capable spaces shall be provided with electric vehicle supply equipment (EVSE) to create EVCS in the number indicated in Section A5.106.5.3. The EVCS required by Section A5.106.5.3 shall be provided with Level 2 EVSE or DCFC as permitted in Section 5.106.5.3.2.1. At least one Level 2 EVSE shall be provided.

One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section A5.106.5.3 for each EV capable space is accumulatively supplied to the EV charger.

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5.106.5.3.2.2 The installation of two Low Power Level 2 EV charging receptacles shall be permitted to reduce the minimum number of required EV capable spaces without EVSE in Section A5.106.3 by one.

Section 5.106.5.3.4 Accessible EVCS is amended to read as follows:

Section 5.106.5.3.5 Electric vehicle charging station signage is added to read as follows:

Section 5.106.5.4 Electric vehicle (EV) charging: medium-duty and heavy-duty is renumbered as Section 5.106.5.5 and amended to read as specified below.

A new Section 5.106.5.4 Additions or Alterations to existing buildings or parking facilities is added to read as follows:

1. When the scope of construction work includes an increase in power supply to an electric service panel as part of a parking facility addition or alteration.

2. When a new photovoltaic system is installed covering existing parking spaces.

3. When additions or alterations to existing buildings are triggered pursuant to code Section 301.3 and the scope of work includes an increase in power supply to an electric service panel.

Exceptions:

5.106.5.3, may adversely impact the construction cost of the project. d. Where demonstrated as impracticable excluding local utility service or utility infrastructure issues.

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2. Remote parking facilities that do not have access to the building service panel.

3. Parking area lighting upgrades where no trenching is part of the scope of work.

4. Emergency repairs including but not limited to, water line break in parking facilities, natural disaster repairs, etc.

Section 5.106.5.5, previously numbered as Section 5.106.5.4 Electric vehicle (EV) charging:
medium-duty and heavy-duty, is amended to read as follows:

5.106.5.5 Electric vehicle (EV) charging: medium-duty and heavy-duty. [N] [BSCCG] Construction shall comply with Section 5.106.5.5.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores, retail stores, office buildings, and manufacturing facilities with planned off-street loading spaces shall also comply with Section 5.106.5.5.1 for future installation of medium- and heavy-duty EVSE.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section

5.106.5.3, may adversely impact the construction cost of the project.

When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the California Electrical Code and as follows:

5.106.5.5.1 Electric vehicle charging readiness requirements for warehouses, grocery stores and retail stores, office buildings, and manufacturing facilities with planned off-street loading spaces [N]
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In order to avoid future demolition when adding EV supply and distribution equipment, spare raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s) or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:

1. The transformer, main service equipment and subpanels shall meet the minimum power requirement in Table 5.106.5.5.1 to accommodate the dedicated branch circuits for the future installation of EVSE.

TABLE 5.106.5.5.1, RACEWAY CONDUIT AND PANEL
POWER REQUIREMENTS FOR MEDIUM-AND-HEAVY-DUTY EVSE [N]
Building type Building Size
(sq. ft.)
Number of Offstreet loading spacesAdditional capacity
Required (kVa) for
Raceway &
Busway and
Transformer &
Panel
Grocery 10,000 to 90,000 1 or 2 200
3 or Greater 400
Greater than
90,000 1 or Greater 400
Retail 10,000 to 135,000 1 or 2 200
3 or Greater 400
Greater than
135,000 1 or Greater 400
Warehouse 20,000 to 256,000 1 or 2 200
3 or Greater 400
Greater than
256,000 1 or Greater 400
Manufacturing
Facilities
10,000 to 50,000 1 or 2 200
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Manufacturing
Facilities
10,000 to 50,000 3 or Greater 400
Manufacturing
Facilities
Greater than
50,000 1 or Greater 400
Office
Buildings
10,000 to 135,000 1 or 2 200
Office
Buildings
10,000 to 135,000 3 or Greater 400
Office
Buildings
Greater than
135,000 1 or Greater 400
Appendix A5 Nonresidential Voluntary Measures, Section A5.106.5.3 Electric vehicle (EV) charging is adopted as mandatory and amended to read as follows:

A5.106.5.3 Electric vehicle (EV) charging. Construction shall comply with Section A5.106.5.3.1 Tier 1, and in accordance with regulations in the California Building Code and the California Electrical Code.

A5.106.5.3.1 Tier 1. Comply with Section 5.106.5.3.1 EV capable spaces, Section

Refer to Section 5.106.5.3.2 for the permitted use of Level 2 or Direct Current Fast Charger (DCFC) to create EVCS. Refer to Section 5.106.3.2.1 for the allowed use of DCFC to comply with both EV capable spaces and Level 2 EVSE. Refer to Section

5.106.5.3.3 for the allowed use of Automatic Load Management System (ALMS).

TABLE A5.106.5.3.1 Tier 1
TOTAL

NUMBER OF
ACTUAL

PARKING
SPACES
TIER 1 NUMBER OF

REQUIRED EV

CAPABLE SPACES
TIER 1 NUMBER OF

EVCS (EV CAPABLE

SPACES PROVIDED
WITH EVSE) 2, 3
0-9 2 0
10-25 5 2
26-50 11 4
51-75 19 6
76-100 26 9
101-150 38 13
151-200 53 18
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TOTAL

NUMBER OF
ACTUAL

PARKING
SPACES
TIER 1 NUMBER OF

REQUIRED EV

CAPABLE SPACES
TIER 1 NUMBER OF

EVCS (EV CAPABLE

SPACES PROVIDED
WITH EVSE) 2, 3
201 and over 30 percent of actual total
parking spaces1
33 percent of EV capable
spaces 1

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.

3. At least one Level 2 EVSE shall be provided.

Appendix A5 Nonresidential Voluntary Measures, Section A5.106.5.3.2 is deleted in its entirety and replaced with mandatory requirements to read as follows:

A5.106.5.3.2 Electric vehicle charging stations (EVCS)-Power allocation method.

Power allocation method shall include the following:

1. Use any kVA combination of EV capable spaces, Low Power Level 2, Level 2 or DCFC EVSEs.

2. At least one Level 2 EVSE shall be provided.

TABLE A5.106.5.3.2 Tier 1
TOTAL
NUMBER
OF
ACTUAL

PARKING
SPACES

MINIMUM
TOTAL kVA
@ 6.6 kVA
TOTAL kVA REQUIRED

1. Level 2 EVSE @ 6.6 kVA minimum.

2. At least one Level 2 EVSE shall be provided.

3. Maximum allowed kVA to be utilized for EV capable spaces is 67 percent.

4. If EV capable spaces are utilized they shall meet the requirements of Section

5.106.5.3.1 EV capable spaces.

Appendix A5 Nonresidential Voluntary Measures, Section A5.601, Table A5.601 is amended as follows:

The Tier 1 cell for Electric Vehicle Charging is amended to read as follows: Meet provisions of Section A5.106.5.3.

SECTION 4. Environmental Compliance
This ordinance is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) on the grounds that these standards are more stringent than the State green building standards, there are no reasonably foreseeable adverse impacts and there is no possibility that the activity in question may have a significant effect on the environment. This ordinance is also exempt under Section 15145 on the grounds that no physical changes to the environment will result from adoption of the proposed code amendments alone and that evaluation of future project-level impacts would be too speculative to include in this analysis. Future developments allowed by the code amendments would be subject to individual review and to project-specific use, development, and design standards on a project specific basis, including project-level CEQA analysis if applicable. This ordinance is also exempt under Section 15183 on the grounds that the proposed code amendment is intended to maintain the potential intensity of development that may otherwise be permitted in the underlying zoning districts where developments subject to the code amendment may occur. Thus, the proposed code amendments maintain the current potential for environmental impacts as analyzed in the Cotati General Plan Environmental Impact Report (EIR) (SCH# 2013-08-2037), certified in March 2015. This ordinance is also exempt under Section 15268 on the grounds that pursuant to Government Code Section 65850.7(b), cities shall administratively approve electric vehicle charging stations through a nondiscretionary building permit. In accordance with Section 15268, ministerial projects, such as issuance of a building permit, are exempt from CEQA. This ordinance is also exempt under Sections 15307 and 15308 TOTAL
NUMBER
OF
ACTUAL

PARKING
SPACES

MINIMUM
TOTAL kVA
@ 6.6 kVA
TOTAL kVA REQUIRED

IN ANY COMBINATION OF EV
CAPABLE 3, 4, LOW POWER LEVEL
2 LEVEL 2 1, 2, OR DCFC
201 and over 30 percent of
actual parking
spaces x 6.6
Total required kVA =P x .30 x 6.6 Where
P=Parking spaces in facility
Packet Pg. 301
on the grounds that: a) the City, as regulatory agency, is authorized to amend the Green Building Standards Code; b) this ordinance assures the maintenance and protection of the environment by amending the Green Building Standards Code to impose more stringent EV charging requirements for future buildings and certain additions and alterations; and c) the ordinance will institute regulatory requirements intended to protect the environment and natural resources by requiring installation of more EV charging infrastructure, which will reduce the amount of fossil fuels burned, thereby reducing the amount of GHG emissions. This action is also exempt from CEQA because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Section 15378.

SECTION 7. Effective Date
This ordinance shall take effect thirty (30) days after its adoption pursuant to California Government Code, or upon the date that the ordinance is filed with the California Building Standards Commission, whichever is later.

SECTION 8. Publication
The City Clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:

Packet Pg. 302
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk
Packet Pg. 303
Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Introduction of an Ordinance Clarifying Water Connection Fees with Fire Flows Date: June 13, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council of the City of Cotati introduce an ordinance clarifying water connection fees for mixed domestic and fire flow meters.

Background
The California Building Code requires various fire prevention devices in new construction or significant remodels, including fire sprinkler systems. Some types of construction, including single family homes, only have a single water service to each lot serving both domestic uses as well as fire sprinkler systems. Fire sprinkler systems generally require upsizing the water meter to accommodate flows that are only needed during fires. The size of the water meter determines the capacity charge (water connection fee) paid at time of connection.

Analysis/Discussion
The water connection impact fee accounts for both domestic and fire flow improvements, based on the domestic demands. However, it is necessary to clarify that the water and sewer connection impact fees should be based on the meter size required to serve the anticipated domestic demands, not the installed meter size if upsized for fire sprinkler flows. The proposed edits are intended to clarify this.

Financial Considerations
The proposed changes for connection fees do not have any financial effect, as they simply clarify the current practice of charging impact fees based on domestic demand when there isn’t a separate fire service.

Environmental Issues
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment,

11.D
Packet Pg. 304
or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

11.D
Packet Pg. 305
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI CLARIFYING

THE APPROPRIATE WATER CONNECTION FEE WITH MIXED METERS

SERVING FIRE FLOWS
WHEREAS, the California Building Code requires various fire prevention devices in new construction or significant remodels, including fire sprinkler systems; and WHEREAS, some construction types, including single family homes, only have a single water service to each lot with a mixed flow meter, serving both domestic uses as well as fire sprinkler systems; and
WHEREAS, the requirement for the water service to accommodate fire flows for sprinklers requires upsizing of the water meter to accommodate the higher flow in the case of a fire; and
WHEREAS, the water connection impact fee includes domestic and fire flow improvements, based on the domestic demands; and
WHEREAS, it is necessary to clarify that the water and sewer connection impact fees and the fixed water and sewer service charges should be based on the meter size required to service the anticipated domestic demands, not the potential fire flows; and WHEREAS, the action of City Council to clarify the water connection fee with mixed fire flows and clarify the backflow testing ordinance does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are hereby declared to be true and correct findings of the City Council of the City of Cotati.

SECTION 2.

Sections 13.03.010, 13.03.210, 13.03.230, 13.20.060, and 13.42.060 of the Cotati Municipal Code are amended to read as shown in Exhibit A attached hereto and incorporated by this reference, with additions denoted by underlined text and deletions denoted by struck-through text.

SECTION 4. CEQA
This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Packet Pg. 306
environmental regulations of the City. City Staff have determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a text amendment and addition without any physical project being approved, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Ordinance is therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own.

SECTION 5. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Effective Date.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 7. Publication.

This ordinance shall be published in accordance with the provisions of Government Code Section 36933(c)(1).

SECTION 8. This Ordinance Prevails Where There is Conflict.

To the extent that this Ordinance conflicts with any other provision in the Cotati Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
Packet Pg. 307
_______________________________
Kevin Patterson, Deputy City Clerk
Packet Pg. 308

13.03.010 General provisions.

A. The city of Cotati will furnish water service in accordance with the rules and regulations hereinafter contained, and in accordance with applicable ordinances, to any property within the corporate limits of the city and to such other premises, properties, areas, or locations as the city council may from time to time designate.

B. Applications for water service will be made in writing, by phone, or online. Such application will signify the applicant’s willingness and intention to comply with all regulations or rates duly adopted by the city, and to make payment for services rendered.

13.03.210 Water connection fees.

A. Any single-family homes, planned unit developments, condominiums and multiple-family projects are charged connection fees per meter size, except for meters serving both domestic demands and the needs of a fire suppression systems. If meters are oversized for serving a fire suppression system, in addition to domestic demands, the service shall be charged connection fees for the equivalent meter size calculated to adequately meet domestic demand, as approved by the City Engineer, and documented in the utility account. In no case shall the connection fee be less than the equivalent of a ¾-inch meter. Industrial and commercial uses are charged connection fees per meter size. Connection fees are established by resolution of the city council.

1. Each year, commencing on July 1, 2013, and continuing thereafter on each July 1st, the water connection fee shall be adjusted in proportion to the change in the ENR (Engineering News Record) Construction Cost Index for San Francisco over the prior year.

The base ENR San Francisco CCI is equal to 10,388.84 (June 2013).

B. Water Meter Charge. Any person wishing to connect to the city’s water system, change meter sizes, or replace an existing meter shall pay a water meter charge, per meter connected, in an amount established by resolution sufficient to recover the administration cost, the cost of the water meter, and any related equipment. A request to increase the water meter size is subject to the incremental increase in the connection fee based on the proportional increased capacity of the meter. In cases where an increase follows a prior reduction in meter size, the applicant is responsible for providing documentation demonstrating connection fees had been previously paid for the larger meter to avoid paying the increased connection fee.

C. Water Service Lateral. All water laterals shall be installed between the structure and the meter by and at the sole cost of the owner or developer of the property. (Ord. 840 § 6(part), 2013).

11.a
Packet Pg. 309 Attachment: Exhibit A: Water & Sewer Charges Update (Water Meter Connection Fee Update/Backflow Testing Billing)

13.03.230 Water service charges.

A. Fixed Charge. The fixed meter rates for water services provided by the city of Cotati are established by resolution, based on the actual meter size, except when oversized for fire flows, as described in Section 13.03.230.C, in which case the rates shall be based on the calculated meter size to adequately meet domestic demand as described in Section 13.03.230.C.

B. Volumetric Service Charge. The volumetric service charges, based on water volume used, are established by resolution.

C. Support of Existing Fire Suppression System. Residents with an oversized one-inch meter connection for the sole purpose of supporting their existing fire suppression systems, who would otherwise be facilitating a three-fourths-inch meter connection, shall be charged at the three-fourths-inch equivalent meter size for domestic demand used to calculate the connection fees, as described in Section 13.03.210. charge.

D. Minimum Charges. “Minimum charges” shall be defined as the meter charge and any charge assessed per unit for water service. There shall be no minimum charge for actual water usage.

13.20.060 Testing, inspection, maintenance and repair.

E. Fire System Connection Fee. A one-time connection fee for fire protection service using automatic sprinklers in any building or structure which is installed after the effective date of the ordinance codified in this chapter shall be established by resolution. (Ord. 840 § 6(part), 2013).

13.42.060 Sewer service charges – Standards for calculation.

The city council shall calculate sewer service charges in accordance with the following rules and regulations:

A. The standard utility accounting period shall be a fiscal year commencing July 1st and ending June 30th;
B. The fixed service charge shall be payable by each user on a periodic basis consistent with the corresponding water service billing to the same premises; C. Volume Factor. Sewer service charges shall be based upon the estimated actual use of the city sewerage system by the premises or user(s) (herein referred to as the “volume factor”). The volume factor shall be reevaluated using methodology determined by the city prior to the September billing period each year. For residential services that do not yet have a representative volume factor, an average per capita volume shall be used as an estimate of the volume factor, which shall be periodically updated by the city council through resolution;

11.a
Packet Pg. 310 Attachment: Exhibit A: Water & Sewer Charges Update (Water Meter Connection Fee Update/Backflow Testing Billing) D. Residential Customers without Separate Irrigation Meters. Sewer service charges shall be based on the actual water use, but no more than the volume factor; E. All Other Customers. Sewer service charges for all other services shall be based on the metered water consumption from all sources except those sources that are not discharged to the city sewer, as determined by the city engineer;
F. Additional charges to nonresidential users and industrial users will be assessed for sewage strengths exceeding those of residential users and shall be based on the pounds of BOD suspended solids and any other applicable waste loadings discharged to the city sewer each billing period determined in accordance with Chapter 13.43. In the event that commercial or industrial users have a type of discharge or strength of discharge that is greater or more burdensome on the system than residential sewage discharge, rates will be adjusted accordingly and at the discretion of the city manager. The volume discharge rate for industrial and commercial users shall be applied against the average annual water used or on the actual month-to-month usage;
G. Support of Existing Fire Suppression System. Residents with a one-inch meter connection for the sole purpose of supporting their existing fire suppression systems who would otherwise be facilitating a three-quarter-inch meter connection shall be charged at the three-quarter-inch sewer charge.

Special charges may be made to reimburse the city for abnormal costs incurred because of other pollutants in the waste water. All rates including those for seasonal industries shall include in their capital related element the costs of allocated capacity service in the subregional system. (Ord. 901 § 2, 2021; Ord. 891 § 2(part), 2020: Ord. 841 § 3, 2013; Ord. 462 § 2(part), 1988).
5384136.1

11.a
Packet Pg. 311 Attachment: Exhibit A: Water & Sewer Charges Update (Water Meter Connection Fee Update/Backflow Testing Billing) Cotati City Council
Agenda Staff Report
Item type:

To: City Council
Subject: Adoption of the Multi-Year Capital Improvement Plan Date: June 13, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council adopt a resolution approving the Multi-Year Capital Improvement Plan.

Background
The City updates its Annual and Multi-Year Capital Improvement Program (CIP) as part of the annual budgeting process, which culminated at the May 23, 2023, adoption of the City’s Annual Budget. The adoption of the CIP is in accordance with Section III of the City’s Financial Principles and Policies that states: “the City will develop and maintain a capital improvement program (CIP) to be updated annually in conjunction with the operating budget.” Government Code section 66002 provides that the CIP shall be adopted by a resolution of the governing body of the local agency at a noticed public hearing and the City duly gave public notice of public hearing in the manner required by law.

Analysis/Discussion
City staff has prepared the attached fiscal years 2023/24 through 2027/28 Capital Improvement Program (multiple year Capital Improvement Plans), consistent with Section III of the City’s Financial Policies. Additionally, per Government Code Section 65401, on March 30, 2023, the Planning Commission reviewed all capital projects that will be planned, initiated or constructed during the ensuing fiscal years and determined conformity with the City’s General Plan.

The multiple year Capital Improvement Plans draws the highest priority projects from master planning documents (Water, Sewer, Streets (including the Bicycle and Pedestrian Master Plan, Local Road Safety Plan, Pavement Management Plan), Drainage, and Parks), which have included opportunities for public input and have been reviewed and accepted by City Council.

The multiple year Capital Improvement Plan is to be updated and reviewed annually to reflect completed projects as well as changes to project schedules, priorities, the addition of projects, and include the most current projections of revenue to fund the projects on the list.

11.E
Packet Pg. 312
The multiple year Capital Improvement Plans does not include master planned projects or infrastructure required by City planning documents to be constructed by private development as the City does not control the timing of those efforts.

Financial Considerations
The multiple year Capital Improvement Plans serves as both a financial and project planning document; and does not commit the City to expenditure of funds for specific projects. Separately, with the adoption of the fiscal year 2023/24 budget on May 23, 2023, the City Council has only approved and funded the projects identified in the first year of the multi-year capital plan.

Revenue sources used to finance the projects are identified in the CIP and represent the City’s best current projection of these revenue sources. These sources include the General Fund/Measure S, special revenue funds (including Gas Taxes, MTC Street, Traffic Mitigation, Park In-Lieu, Road Maintenance and Rehabilitation funds, and Community Development Block Grant funds), other grants or one-time funds and Water and Sewer Enterprise funds.

Environmental Issues
The action of adopting a multiple year Capital Improvement Plan does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

11.E
Packet Pg. 313
RESOLUTION NO.

RESOLUTION OF THE CITY OF COTATI CITY COUNCIL ADOPTING THE

UPDATED CITY'S MULTI YEAR CAPITAL IMPROVEMENTS PROGRAM
WHEREAS, Section III of the City’s Financial Principles and Policies states, “the City will develop and maintain a capital improvement program (CIP) to be updated annually in conjunction with the operating budget;” and
WHEREAS, City staff has prepared the attached fiscal years 2023/24 through 2027/28 Capital Improvement Program (multiple year Capital Improvement Plans), consistent with Section III of the City’s Financial Policies,
WHEREAS, per Government Code Section 65401, on March 30, 2023, the Planning Commission reviewed all capital projects that will be planned, initiated or constructed during the ensuing fiscal years and determined conformity with the General Plan; and WHEREAS, the one year and multiple year Capital Improvement Plans are designed to serve as both financial and project planning documents; and does not commit the City to expenditure of funds for specific projects; and
WHEREAS, various revenue sources, used to finance the projects, are identified in the CIP and represent the City’s best current projection of these revenue sources, and include the General Fund/Measure S, special revenue funds (including Gas Taxes, MTC Street, Traffic Mitigation, Park In-Lieu, Road Maintenance and Rehabilitation funds, and Community Development Block Grant funds), grants and other one-time funds and Water and Sewer Enterprise funds; and
WHEREAS, Government Code section 66002 provides that the CIP shall be adopted by a resolution of the governing body of the local agency at a noticed public hearing and the City duly gave public notice of public hearing in the manner required by law; and WHEREAS, the multiple year Capital Improvement Plans draws the highest priority projects from master planning documents (Water, Sewer, Streets (including the Bicycle and Pedestrian Master Plan, Local Road Safety Plan, Pavement Management Plan), Drainage, and Parks) which have included opportunities for public input and have been reviewed and accepted by City Council; and
WHEREAS, the multiple year Capital Improvement Plans is to be updated and reviewed annually to reflect completed projects as well as changes to project schedules, and the addition of projects and include the most current projections of revenue to fund the projects on the list; and WHEREAS, the multiple year Capital Improvement Plans does not include master planned projects or infrastructure required by City planning documents to be constructed by private development as the City does not control the timing of those efforts; and Packet Pg. 314
WHEREAS, the action of adopting a multiple year Capital Improvement Plans does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

NOW THEREFORE BE IT RESOLVED THAT the foregoing recitals are true and correct and made a part of this Resolution.

BE IT FURTHER RESOLVED THAT the City Council of the City of Cotati hereby finds and determines that the City has provided all required notices, and conducted a public hearing as required by law with respect to this adoption of this Resolution.

BE IT FURTHER RESOLVED THAT the City Council of the City of Cotati adopts the attached multiple year Capital Improvement Plan.

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 June 13th, 2023, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:

City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (PDF) Packet Pg. 315
City of Cotati
Fiscal Year 2023/24
Preliminary Version 3/14/2023
Last updated 05/13/23
-
City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 1

11.a
Packet Pg. 316 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan)

TABLE OF CONTENTS
Capital Improvements3
One year plan4
Multi-year plan9
City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 2

11.a
Packet Pg. 317 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan)

CAPITAL IMPROVEMENTS
City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 3

11.a
Packet Pg. 318 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan) Capital Improvements: One-year Plan
Total Capital Requested
$7,762,864
19 Capital Improvement Projects
Total Funding Requested by Department
TOTAL $7,762,864.00
Public Works - Govt. Buildings (3%) $250,000.00
Public Works - Parks (21%) $1,656,211.00
Public Works - Streets (58%) $4,529,253.00
Sewer (14%) $1,109,900.00
Water (3%) $217,500.00
Total Funding Requested by Source
TOTAL $7,687,864.00
Capital Outlay Funds (3%) $200,000.00
Enterprise - Sewer Capital (0%) $35,000.00
Enterprise - Sewer Capital Funds (11%) $853,700.00
Enterprise - Water Capital Funds (3%) $217,500.00
General Fund (55%) $4,240,021.00
Grants - Federal (15%) $1,177,200.00
Grants - State (7%) $531,250.00
Special Revenue - Streets Gas Tax (3%) $200,000.00
Special Revenue - Streets Measure M (1%) $75,000.00
Special Revenue - Streets RMRA (2%) $158,193.00
City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 4

11.a
Packet Pg. 319 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan) Capital Costs Breakdown
TOTAL $7,780,264.00
Capital Costs (100%) $7,762,864.00
Operational Costs (0%) $17,400.00
Cost Savings & Revenue Breakdown
TOTAL $1,000.00
Cost Savings (100%) $1,000.00
City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 5

11.a
Packet Pg. 320 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan) Public Works - Streets Requests
Itemized Requests for 2024
2024 Street Improvements Project $601,000
The Project includes rehabilitation and preservation of streets consisting of Ahlstrom Circle, Chritensen Court, Clothier Lane, Dorfman Drive, East School Street, Forno Way, Gilbert Court, Gilbert Way, Gilman Ranch Road, Gravenstein Way, Honor...

Bicycle Pedestrian Safety Improvements $50,000
Installation of bicycle, pedestrian, and vehicle safety improvements, to be completed by City Public Works staff or through minor construction contracts. Safety improvements will be informed by ongoing community input and recommendations of the...

Gateway Signage $83,000
This effort will focus on enhancing the City’s monuments at entrance points as well as converting the La Plaza marquee to digital. The marquee and post-mounted entry signs at minor streets entering Cotati will be designed and installed...

Highway 116/West Cotati Avenue Intersection Safety Improvements $544,000 The Project will realign and signalize the intrersection of State Highway 116 and West Cotati Avenue. The Project will widen Highway 116 east and west of the proposed signalized intersection and create turn lanes and install bicycle and pedestrian...

Landscaping Improvements Projects $35,000
Annual planned landscaping improvements along roadways throughout the City. Projects are planned to coordinate with street paving improvement projects, but can vary depending on needs.

Redwood Drive and Cypress Avenue Pavement Rehabilitation $2,996,253 Project will rehabilitate Redwood Drive and Cypress Avenue and include replacing faded and worn signage, upgrade bike lanes, enhance traffic calming features including striping to narrow lanes and create bike lane buffer, and upgrade noncompliant...

Sidewalk Gap Closures $220,000
The Project constructs sidewalks to close gaps throughout the City and upgrades ADA ramps. The sections of roadways for the new sidewalks include portions of West Cotati Avenue and along West School Street between Clifford and Maple, to complete...

Total: $4,529,253
City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 6

11.a
Packet Pg. 321 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan) Public Works - Parks Requests
Itemized Requests for 2024
Cator Field/Park Improvements $100,000
To initiate design and implement improvements at Cator Park, including installation of a new dog park and volleyball courts.

Kotate Park Improvements $166,211
Implements Park Capital Plan improvements for Kotate Park,including replacement of park play equipment, relandscaping planter areas, new bollard lights, and restrooms.

Putnam Park Improvements $185,000
This project includes the design and construction of a Dog park, perimeter pathway and pedestrian bridge across the Laguna de Santa Rosa, baseball field fencing, and various related park amenities.

Sunflower Park Improvements Project $1,055,000
The project includes rebuilding the tennis/pickleball court, walkways, correcting site drainage, and design and installation of a play structure.

Veronda-Falletti Ranch Barns $150,000
Rebuild barns to expand the potential community programs and events centered on agricultural themes.

Total: $1,656,211
Public Works - Govt. Buildings Requests
Itemized Requests for 2024
Civic Center Parking Lot Improvements $250,000
Project is to reconfigure the Civic Center Complex parking lot to comply with City and State codes, for pedestrian safety, add parking spots, and add Level 2 EV chargers.

Total: $250,000
City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 7

11.a
Packet Pg. 322 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan) Water Requests
Itemized Requests for 2024
Construction Water ATM Project $75,000
This project consists of building a remote water dispensing station near Alder and Helman Lane to allow contractors building projects within Cotati to self-serve for construction water and remotely pay at the time of dispensing. The current...

SCADA Water $100,000
Upgrades the SCADA server at the Corporation Yard and installs redundant server at City Hall.

Well 1A/Well 3 Treatment Renewal and Replacement $42,500 This Project is to address the highest priority renewal and replacement needs for treatment systems at the Well 1a and 3 sites.

Total: $217,500
Sewer Requests
Itemized Requests for 2024
Cypress Avenue Sewer Replacement $753,700
Replaces the aging pipeline in Cypress Avenue from W Sierra Ave to Nelson Lane. Timing is to have this work completed before Cypress gets repaved in Spring 2024.

SCADA Sewer $100,000
Replaces the SCADA server at the Corp Yard and provides for a redundant server at City Hall.

Wastewater System Emergency Generator Project $256,200
The City is seeking funding to purchase and install two fixed place generators to provide back-up power to two wastewater lift stations that serve critical functions in the City's ability to treat and convey wastewater. Both locations do not...

Total: $1,109,900
City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 8

11.a
Packet Pg. 323 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan) Capital Improvements: Multi-year Plan
Total Capital Requested
$57,702,068
41 Capital Improvement Projects
Total Funding Requested by Department
Public Works - Govt. Buildings Public Works - Parks
Public Works - Streets Sewer
Water
2024
2025
2026
2027
2028
$7,762,864.00
$19,445,704.00
$4,961,500.00
$5,587,000.00
$19,945,000.00
$0 $5M $10M $15M
City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 9

11.a
Packet Pg. 324 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan) Total Funding Requested by Source
Capital Outlay Funds Enterprise - Sewer Capital
Enterprise - Sewer Capital Funds Enterprise - Water Capital Funds External Loan General Fund
Grants - Federal Grants - State
Special Revenue - Parks Measure M Special Revenue - Regional Traffic Mitigation Special Revenue - Sale Proceeds Special Revenue - Streets Gas Tax Special Revenue - Streets Measure M Special Revenue - Streets RMRA Special Revenue - Streets Traffic Impact Fee
2024
2025
2026
2027
2028
$7,687,864.00
$19,435,704.00
$5,061,500.00
$5,487,000.00
$19,945,000.00
$0 $5M $10M $15M
Capital Costs Breakdown
Capital Costs Operational Costs
2024
2025
2026
2027
2028
$7,780,264.00
$19,515,686.00
$5,087,709.00
$5,747,439.00
$20,164,844.00
$0 $5M $10M $15M $20M
City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 10

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Packet Pg. 325 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan) C
ostSavings&Revenues
CostSavingsRevenue
2024
2025
2026
2027
2028
$2,500.00
$136,812.00
$197,556.00
$284,026.00
$311,479.00
$0$80K$160K$240K
City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 11

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Packet Pg. 326 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan) Public Works - Streets Requests
Itemized Requests for 2024-2029
2024 Street Improvements Project $601,000
The Project includes rehabilitation and preservation of streets consisting of Ahlstrom Circle, Chritensen Court, Clothier Lane, Dorfman Drive, East School Street, Forno Way, Gilbert Court, Gilbert Way, Gilman Ranch Road, Gravenstein Way, Honor...
2025 Street Improvements Project $2,885,800
The Project includes rehabilitation of streets consisting of Amber Lane, Lasker Lane, Oretsky Way, Water Road, West Cotati Ave, Wilford Circle, Wilford Lane, Ahlstrom Drive, Marsh Way, Wilfornd Lane, and Locust Avenue. The Project consists of... 2027 Streets Improvements Project $2,400,000
The Project includes rehabilitation and preservation treatments of streets in the industrial area consisting of Aaron Street, Houser Street, Mercantile Drive, Portal Street, and Primero Court and are shown in the attached figure. The Project... 2028 Streets Improvements Project $500,000
The Project includes rehabilitation and preservation treatments of Saint Josephs Way and Santero Way and totals about a quarter mile.

Bicycle Pedestrian Safety Improvements $250,000
Installation of bicycle, pedestrian, and vehicle safety improvements, to be completed by City Public Works staff or through minor construction contracts. Safety improvements will be informed by ongoing community input and recommendations of the...

Class 1 Pathway Maintenance Project $555,000
Maintain and repair the Class 1 pathways along the Laguna de Santa Rosa and along West Cotati Avenue, between Maple and Richardson.

East Sierra EV Charging Station $1,050,000
Provides Level 3 (Fast Charging) electrical vehicle charging stations in the City's public parking lot on East Sierra Avenue (behind the fire station).

Gateway Signage $838,000
This effort will focus on enhancing the City’s monuments at entrance points as well as converting the La Plaza marquee to digital. The marquee and post-mounted entry signs at minor streets entering Cotati will be designed and installed...

Highway 116/West Cotati Avenue Intersection Safety Improvements $6,099,000 The Project will realign and signalize the intrersection of State Highway 116 and West Cotati Avenue. The Project will widen Highway 116 east and west of the proposed signalized intersection and create turn lanes and install bicycle and pedestrian...

Landscaping Improvements Projects $175,000
Annual planned landscaping improvements along roadways throughout the City. Projects are planned to coordinate with street paving improvement projects, but can vary depending on needs.

Park and Ride Replacement Project $3,914,904
The City entered into a "Functional Replacement and Exchange Agreement Cotati Park and Ride" with Caltrans for the City to purchase the Park and Ride lot at the corner of Highway 116 and Old Redwood Highway providing the City construct...

Redwood Drive and Cypress Avenue Pavement Rehabilitation $4,496,253 Project will rehabilitate Redwood Drive and Cypress Avenue and include replacing faded and worn signage, upgrade bike lanes, enhance traffic calming features including striping to narrow lanes and create bike lane buffer, and upgrade noncompliant...

City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 12

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Packet Pg. 327 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan) Sidewalk Gap Closures $955,000
The Project constructs sidewalks to close gaps throughout the City and upgrades ADA ramps. The sections of roadways for the new sidewalks include portions of West Cotati Avenue and along West School Street between Clifford and Maple, to complete...

Traffic Signal At William/George and Old Redwood Highway $980,000 This is a traffic impact fee study capital project and consists of installing a new traffic signal at the intersection of William Street/George Street and Old Redwood Highway. The project design was completed to a 65% level as part of the Traffic...

Valparaiso Avenue and Helman Lane Pavement Rehabilitation $2,000,000 Project rehabilitates Valparaiso Avenue from Cotati Creek to Fehler Lane and Helman Lane between Redwood Drive and the City Limits. Valparaiso Avenue has existing paving index ranging from 16 to 28 and is proposed for edge grind, dig outs, fabric...

Total: $27,699,957
Public Works - Parks Requests
Itemized Requests for 2024-2029
Cator Basketball Court Resurfacing $38,000
Project is to maintain Cator basketball courts by resurfacing them.

Cator Field/Park Improvements $100,000
To initiate design and implement improvements at Cator Park, including installation of a new dog park and volleyball courts.

Civic Center Park Capital Improvements - Phase 1 $1,133,000 The 2019 Parks Capital Plan presents a concept proposal for improvements and has them depicted in 3 phases: Phase 1 is the ball field, grass area behind the police station, and the basketball courts, Phase 2 is the paved area between the Community...

La Plaza Reunification $15,655,000
The Project is to meet a core objective of the City’s Downtown Specific Plan, to transform La Plaza Park “into a substantial and highly noticeable community focal point”. Key to this transformation is to reunify the park by...

Putnam Park Improvements $1,138,000
This project includes the design and construction of a Dog park, perimeter pathway and pedestrian bridge across the Laguna de Santa Rosa, baseball field fencing, and various related park amenities.

Sunflower Park Improvements Project $1,055,000
The project includes rebuilding the tennis/pickleball court, walkways, correcting site drainage, and design and installation of a play structure.

Veronda-Falletti Ranch Barns $1,502,000
Rebuild barns to expand the potential community programs and events centered on agricultural themes.

Total: $20,787,211
City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 13

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Packet Pg. 328 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan) Public Works - Govt. Buildings Requests
Itemized Requests for 2024-2029
Civic Center Parking Lot Improvements $250,000
Project is to reconfigure the Civic Center Complex parking lot to comply with City and State codes, for pedestrian safety, add parking spots, and add Level 2 EV chargers.

Total: $250,000
City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 14

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Packet Pg. 329 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan) Water Requests
Itemized Requests for 2024-2029
BP-1: Cypress Tank Booster Pumps $645,000
This project will add booster pumps for the new Cypress Pressure Zone.

Construction Water ATM Project $75,000
This project consists of building a remote water dispensing station near Alder and Helman Lane to allow contractors building projects within Cotati to self-serve for construction water and remotely pay at the time of dispensing. The current...

Distribution System Monitoring $130,000
This project adds telemetry points on all distribution system production inputs (Sonoma Water Turnouts, City wells), as well as potentially some nodes within the distribution system zones. The instrumentation is intended to measure realtime...

P-1: Portal Street, Mercantile, Aaron Main Replacement $1,465,500 This project replaces approximately 2,100 feet of existing undersized mains in the industrial area to improve fire flows.

P-3, 4: Cypress Tank New Water Main $1,080,000
This project involves the construction of approximately 2,100 feet of new main at locations to improve pressure by creating a new pressure zone.

P-5: Sycamore Lane Water Main Replacement $485,000
This project replaces approximately 600 feet of existing undersized main at this location to improve fire flows.

SCADA Water $100,000
Upgrades the SCADA server at the Corporation Yard and installs redundant server at City Hall.

T-1: New Cypress Storage Tank $2,320,000
Replaces the Cypress Water Storage Tank. The old Cypress tank was taken out of service when the W Sierra tank was brought on-line due to different water operating levels. The new tank will increase the 100k gallon capacity to approximately 700k...

Well 1A/Well 3 Treatment Renewal and Replacement $42,500 This Project is to address the highest priority renewal and replacement needs for treatment systems at the Well 1a and 3 sites.

Well No. 4 $50,000
Concept design and preliminary exploration for a new 4th groundwater well. Does not include well installation.

West Sierra Tank Recoating $762,000
This project will recoat the interior and exterior of the existing West Sierra Tank.

Total: $7,155,000
City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 15

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Packet Pg. 330 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan) Sewer Requests
Itemized Requests for 2024-2029
Cypress Avenue Sewer Replacement $753,700
Replaces the aging pipeline in Cypress Avenue from W Sierra Ave to Nelson Lane. Timing is to have this work completed before Cypress gets repaved in Spring 2024.

Manhole Lateral Repair/Improvement $200,000
Continued repair of manholes and lateral connections in sewer lines to limit excess storm water flowing into system.

SCADA Sewer $100,000
Replaces the SCADA server at the Corp Yard and provides for a redundant server at City Hall.

Sewer Pipeline Repairs $500,000
Project is to address sewer defects identified in the sewer videos conducted for the Inflow and Infiltration Reduction Project. The order of the repairs is to be determined at a later date to coordinate with street paving projects.

Total: $1,809,900
City of Cotati | Fiscal Year 2023/24 Preliminary Budget Page 16

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Packet Pg. 331 Attachment: City of Cotati - Multi Year Capital Projects Program Fiscal Years 2024-2028 (City Multi Year Capital Plan) Cotati City Council
Agenda Staff Report
Item type: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED To: City Council
Subject: Information received after the agenda was posted.

Date: June 13, 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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Packet Pg. 332

Cotati City CouncilJune 13, 2023

Cotati City Council
June 13, 2023