Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: CONSIDERATION OF A RESOLUTION APPROVING
ENTITLEMENTS TO ALLOW CONSTRUCTION OF A 35-LOT
SINGLE-FAMILY SUBDIVISION AT 8841 OLD REDWOOD
HIGHWAY AND FINDING THE PROJECT CONSISTENT
WITH THE COTATI GENERAL PLAN ENVIRONMENTAL
IMPACT REPORT AND EXEMPT FROM FURTHER REVIEW
UNDER CEQA GUIDELINES SECTION 15183 (PA# 16-17)
Date: January 9, 2024
Written by: JP Harries, Senior Planner
Recommendation
It is recommended that the City Council conduct a Public Hearing and adopt the accompanying Resolution approving a Vesting Tentative Map, Preliminary Design Review, Hillside Development Permit, and a Tree Removal Permit to allow construction of a 35-lot single-family subdivision at 8841 Old Redwood Highway.
Project Description
The project applicant proposes a 35-lot subdivision on a 7.1-acre parcel located at 8841 Old Redwood Highway. The project proposes demolition and removal of existing structures, most trees, the well & septic system, and fencing within the property boundary and construction of a mix of homes with five floor plans that provide single- and two-story single-family residences with attached garages. The proposed residential structures range in size from 1,912 square feet to 2,242 square feet and will be offered in two options: as a single-family residence or the same structure divided into a single-family residence and an Accessory Dwelling Unit (ADU).
Site access would be from Old Redwood Highway via a formalized and improved 30 ft wide, 800 ft long access road terminating in a cul-de-sac, currently identified as Viking Way. A new stub road, currently identified as Longship Lane, would extend south from Viking Way toward the southern property line. Both are proposed to be dedicated to the City and become public roads.
Figure 1. Vicinity Map
Figure 2. Project Site
,
Subdivision Lots
The proposed lots range in size from 6,000 square feet to 12,212 square feet. Lots 1-13 would be located on the northern property boundary along Viking Way and would be generally rectangular shapes. Lots 14-18 are proposed to be located around the cul-de-sac at the end of Viking Way.
Development of these lots will require hillside grading and retaining walls. All of these lots, except for lot 16, will be flag lots. Lots 19 -23 are located south of Viking Way with direct access. Lot 24 is an irregular shaped flag lot with access from the proposed stub road, Longship Lane. Lots 25 and 26 have direct access from Longship Lane. Lot 27 is located on the southeast corner of Viking Way and Longship Lane with direct access to Viking Way. Lot 28 is a flag lot with driveway access from Viking Way. Lots 29-30 and lots 34-35 are generally rectangular lots with access from Viking Way. Lot 32 and Lot 33 are flag lots with a reciprocal access driveway from Viking Way that would also be shared by Lot 31 and Lot 34 which front Viking Way. Lot 35 would be located on the corner of Viking Way and Old Redwood Highway with access from Viking Way.
The proposed access road and stub road would provide access to garages via driveways and access easements from the new roadways. Each proposed residence would have sufficient driveway length and width of 20 feet and 10 feet respectively to provide an additional parking space outside of each two-car garage. Lots with a shared driveway have a width of 20 feet, as required. Pedestrian access would be accommodated by providing sidewalks on both sides of Viking Way, around the cul-de-sac and stub road, as well as along the project site frontage to Old Redwood Highway.
Figure 3. Site plan
Architecture
The proposed residences incorporate craftsman/bungalow features including low pitched roofs using composition shingle materials. A variety of materials articulate the building form, including vinyl windows, wooden trim, corbels, railings, and columns, hardie board lap, shingle, and board and batten siding, and metal roll-up garage doors. The proposed architecture features varying entry porch designs that include columns stacked to a pitched canopy with projecting eaves surrounding the porch area.
Landscaping, Lighting and Fencing
The Landscape Plan proposes a mix of trees, shrubs, groundcover, and grasses. Trees and other landscaping are proposed throughout the project site, including front yards, landscape planters along roadways and frontage to Old Redwood Highway, as well as within some private rear yards.
All landscaping will be required to complete an irrigation audit, irrigation schedule, and maintenance schedule as required by the City’s Water Efficient Landscape Ordinance.
New side yard and rear yard fencing would be provided throughout the subdivision to enclose rear yard areas from neighboring properties with six-foot-tall wooden construction. The perimeter fence adjacent to existing residential properties will include two feet of lattice atop the six-foot fence.
Proposed lighting includes one streetlight at the southern portion of the Old Redwood Highway frontage and streetlights at regular intervals of about 120 ft along Viking Way. Lighting will be required to comply with all City of Cotati standards for outdoor lighting.
Water Supply
Potable water would be provided via a connection to the existing water line within Old Redwood Highway and the installation of a new 8-inch water line within the proposed access road and stub road that would connect to laterals serving each lot. A water and sewer study found the existing water supply system is adequate to serve the project and implementation of the project would not exacerbate or cause any problems to the City’s water supply system.
Wastewater
Wastewater would be accommodated via the installation of new 8-inch sanitary sewer lines within the proposed access road and stub road that would connect to laterals serving each lot.
Wastewater would be discharged to the new proposed onsite sanitary sewer line and convey flows to the existing 8-inch sanitary sewer line within the right of way along Old Redwood Highway. The new sanitary sewer lines would collect wastewater generated onsite and convey flows through the existing sanitary sewer system to the wastewater treatment plant on Llano Road. A water and sewer study found the existing sewer system is adequate to serve the project and implementation of the project would not exacerbate or cause any problems to the City sewer system.
Solid Waste
Solid waste services are provided by Recology Sonoma Marin for single-family homes on a weekly basis. Garbage service offered by Recology is mandatory for all residents within the City of Cotati, and rates include curbside recycling and compost service. Residents may voluntarily choose garbage cart sizes, ranging from 20 to 96-gallon sizes.
Storm Drain Infrastructure
Downspouts from roof gutters located at the proposed home frontage lots will be collected at front area drains, directed under the sidewalk and discharged into the gutter or direct to a bioretention; the downspouts located at the back of the proposed homes will be discharged onto splash blocks, and runoff will be collected at grade breaks to the bio-retention and private drain inlets which overflow to the storm drain system. Flow from the street will be collected at the gutter and discharged through the curb cuts to bio-retention facilities. The uphill drainage coming from the southwest would be collected by the swales and storm drain system as a bypass drainage. The sheet flow from Old Redwood Highway would be collected at curb and gutter and discharged to bioretention facilities.
The project will incorporate a landscape plan that includes interceptor trees from the approved LID list that will be planted along the driveway at every lot and street planter areas. Additionally, the project will implement roadside bioretention with curb openings at Viking Way, Longship Lane and Old Redwood Highway to mitigate pollutants and provide volume capture for the 85th percentile 24-hour storm. Volume capture is accomplished by incorporating an area for storm water storage.
Overflow discharges would be conveyed through a proposed 18-inch storm drain to connect with the existing 24-inch storm drain network within the right of way along Old Redwood Highway adjacent to the project frontage.
Offsite Improvements
Proposed offsite improvements include the following:
• Sidewalks and ADA dome pads at the site frontage to Old Redwood Highway • Landscape planting strips and trees at the frontage to Old Redwood Highway • New curb and cut to accommodate proposed roadway off of Old Redwood Highway • Undergrounding of overhead utilities at project site frontage • Replacement of existing 24-inch diameter CMP with 24-inch diameter storm drain across Old Redwood Highway
• Installation of new public storm drain infrastructure (15-inch diameter) along the site frontage to Old Redwood Highway
• Widening of Old Redwood Highway and striping of a center turn lane or left turn pocket in front of the project site
Site Preparation and Construction
It is assumed that site preparation and construction would occur over a two- to three-year period.
Site preparation would begin with the removal of vegetation and trees and demolition of existing structures and fences onsite. Most trees would be removed to accommodate construction of the project, and seven trees would require removal due to poor condition or poor species characteristics.
The top of the site ranges from 175 to 189 feet in elevation at the western boundary of the property sloping down to approximately 122 feet above sea level at the eastern boundary along Old Redwood Highway. The project includes grading of the site to achieve level building pads on each lot and to accommodate infrastructure with gravity flows and uses a series of retaining walls to create relatively flat areas for the residential structures. The steepest portion of the site is located at the southwest corner of Parcel 18. The top of slope at the boundary line will be graded from an elevation of 180 feet to 165 feet with three-tiered landscape walls installed at a horizontal distance of approximately 15 feet. This terracing will be constructed adjacent to the western property line along parcels 14-18. Lots 4-15, and lots 18, 20, 21, 22, and lots 25–30, and lots 32-34 will have deep foundation retaining walls. Most sites will have a landscape wall and fence as well.
Site grading would involve approximately 36,500 cubic yards of cut and 6,000 cubic yards of fill. Cut soils will be reused onsite as fill resulting in approximately 30,500 net cubic yards of export. Excess material will be hauled to an approved location or placed onsite under the direction of the project soils engineer. Following completion of grading activities, infrastructure improvements and building foundations would be constructed. Foundations are proposed to be post-tensioned slab floor and foundation systems. Utilities, storm drains and catch basins would be installed and residential homes constructed. New driveways, sidewalks, curbs and gutters, striping, landscaping, and signage would be installed.
Construction equipment expected to be utilized during site preparation and grading includes tractors, backhoes, haul trucks, graders, pavers, and water trucks. All material and equipment would be staged on-site or, through issuance of an encroachment permit, at abutting rights-ofway.
Background
The subject application was originally submitted in 2016. At that time, the applicants proposed a 21-lot single-family subdivision on the 7.1-acre site. The application was found to be incomplete, in part, because the proposed density (2.96 units per acre) was below the minimum 4 units per acre density required in NL zoning districts. NL zoning districts require a minimum density of 4 units per acre and a maximum density of 6 units per acre.
Between 2017 and 2021 the application was put on hold. During that time, the applicant assisted the City in its development of its cottage housing ordinance. The cottage housing ordinance allows for increased density when certain development criteria, such as smaller homes and shared open space, are included in the project. After adoption, City staff and the applicant agreed that a cottage housing project would not be appropriate on the site because of the high density that would be required to make it an economically feasible project, as well as its incompatibility with the adjacent neighborhood.
In September 2021, the applicant submitted to the City a draft proposed plan to subdivide the property into 35 lots with single-family dwellings.
On October 27, 2021, the City and applicant held a neighborhood meeting. At that meeting the draft site plan for a 35-lot subdivision was presented. The primary concerns raised by surrounding neighbors included the proposed density of 5 units per acre (several people voiced a desire for reduced density), loss of open space and wildlife, concerns over privacy, and traffic impacts.
On May 26, 2022, the applicant formally submitted the proposal for a 35-lot single-family home subdivision.
Planning Commission
On December 4, 2023, the Planning Commission reviewed the proposed project and unanimously recommended that the City Council approve the project, as conditioned. The Commission asked clarifying questions and discussed various aspects of the project ranging from privacy of neighbors, traffic impacts, storm water, street naming, lot size, and protection of neighboring property from grading impacts. Before recommending City Council approval, the Planning Commission added three recommended Conditions of Approval, which called for increasing the size of lot 34, adding two feet of lattice to the six-foot fence bordering existing neighboring residential properties, and working with the owners of 8924 Clothier Lane to ensure there were no adverse impacts to their property from grading activities.
Analysis/Discussion
Existing Site Conditions
The project site is on a gradual slope, with remnant previous agriculture operations (orchard trees). Current uses are for residential purposes with three currently occupied existing residential structures, two garages, fencing, a well, two onsite septic systems, and gravel driveways on the eastern portion of the site near the Old Redwood Highway. The remainder of the site is characterized by ruderal grassland, and dense brush. The site slopes upward from Old Redwood Highway at an approximate elevation of 120 ft. to the western boundary of the site with a maximum height of 189 ft, with maximum grades of approximately 15% at the south-western corner of the property.
An earthen roadside drainage ditch runs along the west side of Old Redwood Highway, parallel to the eastern boundary of the project site, traversing along approximately 900 linear feet of the project site’s frontage and which, according to the biological report, contains seasonal wetlands.
Surrounding Land Use and setting
The project site is located along the southern border of the City of Cotati, bounded to the east by Old Redwood Highway, single family residential development to the north, and disperse rural residential development to the south and west. The surrounding zoning designations include NL (Neighborhood, Low Density) to the north and east, RR-1 (Rural Residential) to the west. To the south, within unincorporated Sonoma County, the properties are zoned Agriculture & Residential within the B6 Combining District.
Zoning & Density
The site has a land use designation of Low-Medium Density Residential (LMDR), which allows for single family attached and detached units, duplexes, and associated neighborhood retail. The zoning designation is NL (Neighborhood, Low Density), which implements the LMDR land use designation. Densities between 4 and 6 units per acre are allowed. The project proposes a density of 4.93 units per acre, which complies with the zoning and designated development density of the site as envisioned by the General Plan. The applicant is not seeking a state density bonus to increase density beyond that permitted by the zoning district.
Inclusionary Housing
Cotati Municipal Code(“CMC”) Section 17.31.020 outlines the inclusionary housing obligations for residential developments within the City. In summary, each residential development must provide at least 15 percent of the development as inclusionary units restricted for occupancy by moderate-, low- or very low-income households. The applicant is proposing to comply with this requirement by constructing five on-site inclusionary housing units. The units located on lot numbers 1, 8, 23, 33, and 35 are proposed to be the inclusionary housing units. The inclusionary units will utilize three of the proposed floor plans – Floor plans #1, #2, and #4 as depicted in the attached plan set. As conditioned, the applicant will be required to record an affordable housing agreement and declaration of restrictive rights prior to recordation of the Final Map. The affordable housing agreement is subject to prior City Council approval.
Traffic
A traffic impact analysis was completed to examine the project. The analysis concluded that the 35 homes would generate approximately 302 daily trips. This number of daily trips was found to have a minimal and insignificant impact on the roadways and intersections in the vicinity of the project. Under the worst-case scenarios, the project is expected to increase the delay at the Old Redwood Highway/Myrtle Ave./Valparaiso Ave. intersection by 0.2 seconds during the AM Peak Hour and 0.1 seconds during the PM Peak Hour.
As a part of the project, the applicant will install sidewalks along the frontage as well as widen and restripe Old Redwood Highway to provide a center-turn lane that will accommodate vehicular traffic entering and exiting the project. Currently, a center turn lane exists to both the north and south of the project site so this improvement will result in a continuous center turn lane and straighten the centerline of the southbound travel lane. The Class II bike lane along Old Redwood Highway will be maintained.
Housing Element
On June 2, 2023, State Department of Housing and Community Development (HCD) certified the City of Cotati’s updated Housing Element of the General Plan. The Housing Element serves as Cotati’s blueprint for meeting the housing needs of residents, including people living at all economic levels and those with unique or specific housing needs. It also serves as the City’s document for how it will achieve the Regional Housing Needs Allocation (RHNA) as required by State housing law and determined by Association of Bay Area Governments (ABAG).
Cotati’s RHNA is 234 units which includes 60 very-low-income units, 34 low-income units, 39 moderate-income units, and 101 above-moderate-income units. The project is included in the Housing Element as a proposed project under review and accounted for as contributing to the City’s housing needs.
Park In-Lieu Fee Requirements
The proposed project does not contain any park land. As such, the applicant is obligated to pay fees in lieu of park land dedication. CMC Section 17.76.030 (Park land dedications and fees) states that each subdivision is required to comply with a park land obligation related to the number and type of units proposed. The ordinance identifies the formula to be used to comply with the park land obligation. This formula is as follows for a single-family home subdivision:
X = .005(U)(P)
X= Amount of park land required, in acres
U = Total number of approved dwelling units in the subdivision P = 3.104 for detached single-family dwellings
For the proposed project, the total park land obligation is as follows:
X = .005(35)(3.104)
X= 0.54 acres
The fee required to cover the cost of the park land obligation would be the above number (0.54 acres) multiplied by the fair market value of land necessary to meet the park land obligation, plus 20 percent for the cost of improvements. For purposes of determining the required fee, the term “fair market value” shall mean the market value of the land as determined by the staff of the City, and approved by the City Council, immediately prior to the receipt of the Final Map by the Council. Pursuant to CMC Section 17.76.030(D), fair market value may be determined by the City based on an appraisal prepared by a certified land appraiser.
Cotati General Plan
The project site and the parcels to the north and east are designated Low-Medium Density Residential (LMDR) by the Cotati General Plan. The LMDR land use designation is defined as:
LOW-MEDIUM DENSITY RESIDENTIAL (LMDR) - The Low-Medium Density Residential designation allows single family attached and detached units, duplexes, and associated neighborhood retail. Densities of six dwelling units per acre are allowed in the LMDR designation, with site coverage of up to 45 percent.
The following General Plan policies are particularly applicable to the subject project:
Policy CSF 1.1: Require all development projects to demonstrate, to the satisfaction of the City Engineer, that the City’s public services and utilities can accommodate the increased demand for services associated with the project.
Policy CSF 1.3: Limit approvals of new development to areas where adequate infrastructure and services are available or will be provided by the development.
Policy CON 1.6: Avoid removal of large, mature trees that provide wildlife habitat or contribute to the visual quality of the environment to the greatest extent feasible through appropriate project design and building siting. If full avoidance is not possible, prioritize planting of replacement trees onsite over offsite locations.
Policy CON 1.15: Protect Cotati's ridgelines (hilltops and hillsides with slopes of 15 percent or greater) from erosion, slope failure, and development.
Policy CON 1.19: Prohibit development on hillsides with slopes of 15 percent or greater and ridgelines where structures would interrupt the skyline.
Policy H-1.9: Encourage the development of accessory dwelling units in order to provide additional affordable and attainable market rate rental units in Cotati.
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.
Policy H-3-5: Encourage housing for large and intergenerational families, including through the promotion of accessory dwelling units.
Policy LU 2.4: Maintain the character of existing neighborhoods by ensuring new development is compatible in style, size, color, and footprint with the existing residences in the neighborhood.
Policy LU 2.6: Require new residential development to be consistent with the small‐town character of Cotati and designed and landscaped in an aesthetically pleasing and sustainable manner.
Design Review Findings .
To approve the proposed project, the City must make the following findings to approve Design Review:
1. Complies with Cotati Municipal Code (“CMC”) Section17.62.040 (Design Review));
2. Provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community;
3. Provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.;
4. Provides efficient, safe, and visually attractive public access, circulation and parking;
5. Provides appropriate open space and landscaping, including the use of water-efficient landscaping, and native plants where appropriate;
6. Addresses site planning design considerations related to city services, traffic flows and patterns, and environmental conditions in a manner that ensures maximum aesthetic cohesiveness;
7. Is consistent with the general plan and applicable specific plans; and
8. Complies with any applicable city design guidelines, design standards, and/or design review policies.
Staff Response – As described in this staff report, accompanying resolution, and Environmental Review, the proposed project, as conditioned, complies with the provisions of CMC Section
17.62.040 (Design Review). The project application addresses and conforms with the City’s General Plan and Land Use Code provisions for site planning and design, building architecture, landscaping, pedestrian and vehicle access and circulation, energy and resource conservation, and the use of utilities. No variances from City development standards are required to implement the project.
The applicant is proposing development at a density of 4.93 units per acre which complies with the NL (Neighborhood, Low Density) density limits of 4 to 6 units per acre. The project proposes attractive moderately-sized (1,912 sf to 2,242 sf) craftsman/bungalow residences that blend well with the surrounding developments. The project conforms to City standards regarding subdivision design, parking, water efficient landscaping, setbacks, fencing and lighting. The proposed project incorporates sidewalks throughout the development, provides for a center turn lane on Old Redwood Highway, and allows for the extension of the City’s roadway network to the south if/when properties to the south are annexed into the City.
The project has been reviewed by the Community Development Department, Department of Public Works/Engineering, Police Department, Rancho Adobe Fire Protection District, and relevant outside agencies. No issues have been identified that would prevent the project’s development or the provision of services to the residents.
Subdivision Findings
To approve or deny the proposed subdivision, the City must make the following findings:
1. Required Findings for Approval. The review authority may approve a tentative map only after first finding that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, and any applicable specific plan, and that none of the findings for denial in subsection C of this section (see #2 below) can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act Section 66424.6.
2. Findings Requiring Denial. A tentative map, or a parcel map for which a tentative map was not required shall be denied if the review authority makes any of the following findings, as required by Subdivision Map Act Sections 66474 and 66474.6 a. The proposed map, and/or subdivision design or improvements are not consistent with the general plan or any applicable specific plan; b. The site is not physically suitable for the type or proposed density of development;
c. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
d. The design of the subdivision or type of improvements is likely to cause serious public health or safety problems;
e. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. This finding may not be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgement of a court of competent jurisdiction, and no authority is granted to the review authority to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision; or
f. The discharge of sewage from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. (Ord. 766 § 2 Exh. A (part), 2004).
Staff Response – In addition to finding that the proposed subdivision is consistent with the general plan, Section 66474 of the Subdivision Map Act (Government Code §§66410-66499.58) states that the body of a city shall deny the approval of a tentative map if any of the findings listed 2a-f above can be made. The Staff recommendation is that the findings to deny the subdivision cannot be made, and the subdivision should be approved.
As described in the staff report, accompanying Resolution, and Environmental Review document, the proposed subdivision, as conditioned, is consistent with the direction provided by the General Plan and the standards of the Cotati Land Use Code. The site of the proposed subdivision has a General Plan designation of Low-Medium Density Residential (LMDR), which envisions “single-family attached and detached units, duplexes, and associated neighborhood retail. Densities of six dwelling units per acre are allowed within the LMDR designation with site coverage of up to 45%.” Consistent with the General Plan designation, the City’s zoning map and Land Use Code include the subject parcel within the NL (Neighborhood, Low Density) zoning district, which prescribes a density of 4 to 6 units per acre with a minimum lot size of 6,000 square feet. The proposed project conforms to these provisions.
The project site is within the scope of development envisioned by the General Plan and its accompanying Environmental Impact Report (EIR). As extensively detailed in the attached environmental review document, the project, as conditioned, does not introduce potential environmental impacts that were not identified in the General Plan EIR and there are no circumstances peculiar to the project site that would result in new or unforeseen significant environmental impacts that cannot be mitigated as prescribed in the General Plan EIR.
The project has been reviewed by the Community Development Department, Department of Public Works/Engineering, Police Department, Rancho Adobe Fire Protection District, and relevant outside agencies. No issues or project circumstances have been identified that would cause public health or safety problems or prevent provision of services to the residents.
There are no easements of record burdening the property that provide for public access through or use of the project site. Nor are there any easements of any kind that would be affected by the proposed project.
The residences of the proposed subdivision will be required to hook up to the City’s sewer system, which conforms to the requirements of the local North Coast Regional Water Quality Control Board. An analysis of the project’s potential impact to the City’s water and sewer system was completed by the City’s utility consultant, Carollo, and the analysis concluded that the existing sewer system has sufficient capacity to accommodate the project’s projected sewer discharge and that there are no deficiencies in the system that would prevent servicing the proposed subdivision.
Hillside Development Permit Findings
The project site is generally flat at its eastern boundary fronting Old Redwood Highway, but increases in slope as you move westward toward the rear portion of the site where there are slopes up to 14.5%; therefore, the subdivision is subject to approval of a Hillside Development Permit. Development on slopes greater than ten percent is governed by Chapter 17.53 of the CMC which provides the process and regulations for Hillside Development. To approve the project, the City must make the following findings:
1. The proposed project complies with the requirements of CMC Chapter 17.53 and all other applicable provisions of the CMC;
2. The proposed project is consistent with the general plan and any applicable specific plan;
3. The design, location, and size of proposed structures and/or additions or alterations to existing structures will be compatible with adjacent existing and anticipated future development, in terms of aesthetics, character, scale, and view protection;
4. The design and placement of proposed structures will minimize their visibility from off the site and reinforce the appearance of the site as more of an open hillside than an intensively developed property, to the maximum extent feasible; and
5. The placement of proposed structures on the site avoids slopes over ten percent to the maximum extent feasible.
Staff Response - The provisions of CMC Chapter 17.53 provide certain development standards to ensure a proposed project minimizes its visual and environmental impact. For example, the standards encourage shared driveways, driveways with grades less than 5%, drainage that is directed to drainage facilities of the nearest road, no site coverage on slopes greater than 15%, reduced site coverage (<30%), reduced front setbacks (10 feet vs. 20 feet in NL district), increased side setback (10 feet vs. 5 feet in NL district), and limiting slope retaining walls to no more than 48 inches in height. The proposed project conforms to these standards in the areas subject to hillside development provision (Lots 14 through 19 - areas where the slope exceeds 10% grade). Further, a visual impact exhibit prepared by the applicant’s architect showed that the new homes would not extend above a ridgeline or block the view of any scenic resource.
The CMC and state law require that this property be developed at a density between 4 and 6 units per acre. This density requirement does not allow for an open hillside appearance. Instead, the subdivision will more closely resemble the adjacent residential development to the north of the property. The majority of the property has less than a 10% grade and, to the extent feasible, development on slopes greater than 10% is avoided. The most western lots (Lots 14 through 19) will have structures on slopes greater than 10%, but no structures will be placed on slopes greater than 15% as proscribed by the hillside development standards. As detailed in the findings for subdivisions above, the proposed project complies with the General Plan, and the project would not alter the visual character of the site beyond what was anticipated by General Plan and zoning designation of the site.
The proposed residences are similar to scale and design to the residences immediately to the north along Clothier Drive and the newly built Kessing Ranch subdivision at the corner of Valparaiso and Old Redwood Highway. The proposed residences incorporate craftsman/bungalow features including low pitched roofs using composition shingle materials.
The proposed architecture features varying entry porch designs that include columns stacked to a pitched canopy with projecting eaves surrounding the porch area.
Tree Removal Findings
To approve the project, the City must make the following findings to allow the removal of existing trees on the subject parcel.
1. The approval of the tree permit will not be detrimental to the public health, safety or welfare, and approval of the tree permit is consistent with the provisions of CMC Chapter 17.54;
2. Measures have been incorporated into the project or permit to mitigate impacts to remaining trees or to replace the trees removed in compliance with CMC Chapter
17.54;
3. The removal of a healthy tree cannot be avoided by:
a. Reasonable redesign of the site plan prior to construction, or b. Trimming, thinning, tree surgery, or other reasonable treatment, as determined by the director;
4. Adequate provisions for drainage, erosion control, land stability, windscreen, buffers along the road and between neighbors have been made where these problems are anticipated as a result of the removal; and
5. The tree to be removed does not contain an active nest that has been identified through the environmental process or is otherwise known to the review authority as the nest of a migratory bird, except where a qualified professional has determined that the nest can be relocated without damage to the nestlings.
Staff response – The project site currently has 62 trees on site that exceed 12 inches in circumference (measured 4.5 above the ground) that include oaks, black and English walnut, Monterey cypress, pine, coast redwood, London plane, poplar, and willow. Nine trees will be protected for preservation (including the largest oak tree on site), and 53 trees will be removed due to impacts from grading, and road and building construction. Most of the trees to be removed are ornamental orchard trees largely comprised of black and English Walnut. To avoid their removal, significant changes to the site plan would be required that would prevent development of a coherent site plan and likely result in the inability to develop the property at the required minimum density.
Mitigation for removal of the trees will be required per the replacement criteria set forth in CMC Section 17.54.050. As conditioned, the project will need to plant 198 trees. Twelve trees have already been planted on an adjacent property that were requested by a neighboring property owner to preserve their privacy. Therefore, 186 trees will be planted to mitigate the loss of existing trees from construction of the subdivision.
The project is conditioned to protect nesting birds. As detailed in the accompanying environmental review document, if construction begins between February 1 and August 31, a pre-construction nesting bird survey shall be performed within seven days of grading. If no nesting birds are observed, no further action is required, and grading must occur within one week of the survey to prevent “take” of individual birds that could begin nesting after the survey. A follow-up survey is required if a stoppage in work occurs for longer than 7 days. If active bird nests (passerine and/or raptor) are observed during the pre‐construction survey, a disturbance‐free buffer zone shall be established around the nest tree(s) until the young have fledged or the nest has naturally failed or been predated, as determined by a qualified biologist.
Financial Considerations
The proposed project is not expected to have an adverse fiscal impact on the City. All staff and consultants’ time and expenses to review, permit, and inspect the project are fully covered by the project applicant. The applicant will be required to pay all development impact fees including bed tax, park in-lieu, traffic, sewer connection, water connection, and water conservation fees.
Improvement of the property will result in an increase in property tax receipts the City receives.
Lastly, all created parcels will be annexed into the City’s Community Facility District, which levies a special tax on all parcels within the district to cover impacts to City Public Services such as: 1) the maintenance or upkeep of facilities, equipment, and vehicles, 2) police protection services, 3) maintenance and lighting of streets, roads, parks, parkways, and open space, 4) flood and storm water protection services, and 5) the salaries and benefits of staff that directly provide those services.
Environmental Issues
The accompanying environmental impact analysis has been prepared by the City of Cotati, as the lead agency in full accordance with the procedural and substantive requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The CEQA analysis relies upon the program level analysis prepared for the 2013 City of Cotati General Plan and its Environmental Impact Report (EIR) (SCH No. 2013082037), which was certified in 2015.
The CEQA analysis conforms to CEQA Guidelines Section 15183, which provides a streamlined review of the environmental impacts of the project by tiering from the program level analysis prepared for the Cotati General Plan and its certified EIR. Section 15183 of the CEQA Guidelines mandates that projects which are determined to be consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This focuses the analysis to potential environmental impacts of the project relative to the impacts analyzed in the Cotati General Plan’s program level EIR.
The November 2023 CEQA Analysis, attached hereto, describes the project and its environmental setting, including the project site’s existing conditions and applicable regulatory requirements, and provides an assessment of the project’s consistency with the City of Cotati General Plan. All adopted mitigating General Plan policies and mitigation measures identified in the 2013 General Plan EIR that apply to the project are identified in the analysis and imposed as environmental conditions of approval, and there are no project-specific significant effects which are peculiar to the project or its site. The Project is consistent with the General Plan and its certified EIR and qualifies for a General Plan Exemption pursuant to CEQA Guidelines Section 15183 and no further environmental review is required.