Cotati City Council
Agenda Staff Report
Item type: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED To: City Council
Subject: Second Reading and Adoption of the City of Cotati Downtown Specific Plan (DSP) Zoning Code Amendments Ordinance
Date: June 27, 2023
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended by the Planning Commission and the Community Development Department that the City Council conduct the second reading and adopt an ordinance making amendments to Chapter 17 of the Cotati Municipal Code, implementing recent changes to the Downtown Specific Plan (DSP) and responding to various changes in State housing law.
Project Description
At the direction of the City Council, the focus of this Ordinance was to prepare amendments to update and clarify land use regulations to ensure the City is both consistent with state housing laws and maintain the City’s vision for downtown as expressed in the adopted DSP. Staff and the Planning Commission recommended that the City Council find an Addendum to the Downtown Specific Plan EIR as the appropriate environmental compliance document for the DSP Amendments, approve the related Plan Amendments, and adopt an Ordinance with zoning text amendments (rezoning).
Background
On January 17, 2023, city staff introduced the community to the project, presented the intent of the project and summarized the issues being addressed, and sought input from residents, business-owners and both the Planning Commission and City Council. Comments received from the community and decision-makers are summarized below.
Concerns that changes to state housing law would result in the loss of local land use controls developed by the City.
Concerns were raised that the DSP Amendments accommodating new housing would not be compatible with Cotati’s small-town character and the existing businesses downtown.
Conversely, participants who supported retaining the DSP primarily as a commercial and mixed-use district, consistent with the General Plan provided comments and direction requesting minor edits to Land Use/ Zoning design guidance which would seek to incentivize commercial development in the DSP zoning districts.
On May 15, 2023, staff presented the EIR Addendum, draft resolutions modifying the DSP and the draft ordinance to the Planning Commission at a duly noticed public hearing. After reviewing the proposal and conducting the public hearing, the Planning Commission voted unanimously (5- 0) to recommend that the City Council adopt the resolution and support the ordinance. In making this recommendation, the Commission further recommended that the City Council prioritize bicycle and pedestrian infrastructure improvements within the DSP area.
On June 13, 2023, the City Council reviewed the Planning Commission recommendation, proposed EIR Addendum, draft resolutions and Ordinance at a duly noticed public hearing. After receiving the staff presentation and Commission recommendation the City Council voted unanimously to support the Addendum, adopt the resolution modifying the DSP, and waive first reading and introduce the Ordinance to update and clarify land use regulations to ensure consistency with state housing laws and maintain the City’s vision for downtown.
Analysis
Prior to making their decision to adopt the resolutions and waive first reading of the Ordinance, the City Council provided direction to staff to:
1. Update the EIR Addendum to add clarifying information to the Finding section of the Addendum.
2. Incorporate light standards and requirements included within the City’s Objective Design Guidelines into the City’s Zoning Code development criteria and introduce the Ordinance with this language change.
3. Address several typo’s within the EIR Addendum.
Staff has updated the Ordinance to incorporate the direction of the City Council and it is being presented for a second reading and adoption. If Council adopts the Ordinance, these changes will go into effect 30 days after adoption. A more robust discussion of technical elements and additional details on the DSP amendment process are outlined in the June 13, 2023, Council report (attached hereto for reference).
Financial Considerations
The general fund cost of making the proposed amendments to the DSP and zoning code has totaled approximately $40,000 to date, in keeping with the Council adopted 4Leaf contract. Additional efforts were made whereby the consultant and staff requesting additional one-time appropriations of $1,300. These funds will be adjusted for the fiscal year 2022/23 budget within the professional services contract account 00-80188-000000, within the Excess Bond Proceeds Special Revenues Fund 219. The increase in budget for fiscal year 2022/23 will be offset with a reduction in available funds for the budget in fiscal year 2023/24.
No additional or ongoing costs, beyond those presented above, have been identified.
Environmental Issues
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). The City Council certified the DSP Environmental Impact Report (EIR) with adoption of the DSP on August 26, 2009. The Addendum to the City Council Certified DSP EIR, found that the DSP Amendments and associated Zoning Code modifications propose minor, insubstantial changes in the circumstances that were present during the prior DSP EIR analysis of the DSP. Further, the proposed zoning code 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.
Attachments:
June 13, 2023 CC Staff Report + Attachments (PDF)