ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI REZONING
7.83 ACRES OF VACANT LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF GRAVENSTEIN HIGHWAY (HIGHWAY 116) AND ALDER AVENUE (APNS 144-050-009 & 046-286-021) FROM COMMERCIAL, GRAVENSTEIN CORRIDOR: PLANNED UNIT DEVELOPMENT (CG:PUD) TO COMMERCIAL, GRAVENSTEIN CORRIDOR (CG) (PA# 23-08)
WHEREAS, on June 27, 2007, as part of the City’s approval of a proposed development called The Village at Cotati Commons, the City Council adopted Ordinance No. 799, which rezoned 7.83 acres of land located at the northeast corner of Alder Avenue and Gravenstein Highway (APNs 144-050-009 & 046-286-021) from Commercial, Gravenstein Corridor (CG) to Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD); and WHEREAS, the Planned Unit Development (PUD) zoning, adopted in 2007, established development standards for the subject parcels that were specific to the proposed Village at Cotati Commons project, and included components such as the exact number and placement of commercial and residential units, recreation facilities, lot coverage, building height, yard setbacks, parking standards, landscaping, energy efficiency, street design standards, parking lot standards, and allowable uses; and
WHEREAS, all related entitlements for the proposed Village at Cotati Commons project including Design Review, Conditional Use Permit, and tentative subdivision map have expired and the project proponent no longer wishes to pursue the Village at Cotati Commons project; and WHEREAS, the City’s 2023-2031 Housing Element Update identifies the subject parcels as a Housing Opportunity Site that can assist the City in meeting its housing goals if developed; and
WHEREAS, on May 15, 2023, the Planning Commission held a duly noticed public hearing to consider public testimony on the proposed rezoning, received the staff report and reviewed a presentation from the Planning Division, considered all oral and written comments submitted to the City regarding rezoning prior to taking action on the item; and voted (3-2) to recommend City Council adoption of the Ordinance to rezone the property from CG:PUD to CG; and
WHEREAS, on June 13, 2023, the City Council of the City of Cotati held a duly noticed public hearing to consider public testimony on the proposed rezoning, received the staff report and reviewed a presentation from the Planning Division, considered all oral and written comments submitted to the City regarding rezoning prior to taking action on the item; and WHEREAS, the City desires to remove the project-specific PUD zoning and restore the underlying historic CG zoning.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals Made Findings.
The above recitals are hereby declared to be true and correct findings of the City Council of the City of Cotati.
SECTION 2. Rezoning.
The zoning classification for Assessor’s Parcel Numbers 046-286-021 and 144-050-009, located at the northeast corner of the intersection of Alder Avenue and Gravenstein Highway, is hereby changed from Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD) to Commercial, Gravenstein Corridor (CG), as depicted in Exhibit A to this Ordinance.
SECTION 3. General Plan Conformity.
The City Council finds that removing the PUD-specific zoning allows for development of the property in conformance with the General Commercial (GC) Land Use Designation of the subject parcels as identified in the General Plan and is therefore consistent with the General Plan.
SECTION 4. Record.
The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: (1) the State CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3); (2) the Cotati Municipal Code; (3) the City of Cotati General Plan and its related Environmental Impact Report (EIR), adopted on March 24, 2015; (4) the City of Cotati 2023-2031 Housing Element Update and its related Addendum to the City of Cotati General Plan EIR, adopted by the City Council on March 28, 2023; (5) all staff reports, city files, records, and other documents prepared for and/or submitted to the Planning Commission related to the adoption of the zoning amendment; (6) all documentary and oral evidence received at the public hearings or submitted to the City during the comment period on the Project; and (7) all other matters of common knowledge to the Planning Commission, and the City, including, but not limited to, City, state and federal laws, policies, rules, regulations, reports, records, and projections related to development within the City and its surrounding areas.
SECTION 5. Compliance with the California Environmental Quality Act (CEQA).
The City Council of the City of Cotati does hereby find that the Ordinance to rezone Assessor’s Parcel Numbers 046-286-021 and 144-050-009 from Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD) to Commercial, Gravenstein Corridor (CG) is consistent with the EIR for the Cotati General Plan and the Addendum to the General Plan EIR in connection with the 2023-2031 Housing Element Update (SCH# 2013082037), and pursuant to Section 15168 of the CEQA Guidelines, no further environmental review is required.
SECTION 6. Construction and severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Cotati hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 7: Effective date.
This ordinance shall take effect thirty (30) days after its adoption pursuant to the California Government Code.
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