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
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
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 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 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)
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)