Agenda packet — Cotati City Council, July 9, 2024 (part 1 of 2)

AGENDA

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE

FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY
City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday, July 09, 2024
6:00 PM REGULAR MEETING
The Cotati City Council welcomes you to its meetings that are generally scheduled for the 2nd and 4th Tuesday of every month. Your interest and participation are encouraged and appreciated.

City Council meeting agendas, minutes and recordings are posted on the City’s Meeting Portal at www.cotaticity.org. For questions about the agenda or to receive the City Council agenda by e-mail, contact the Deputy City Clerk at [email protected] or 707-665-3622.

Cotati City Council Meetings will be conducted in person in the Council Chamber. To guarantee your ability to participate, you must attend the meeting in person. As a courtesy to the public, the City allows citizens the opportunity to view and offer public comments virtually through Zoom Online video conferencing platform. Technical difficulties may occur that make the Zoom platform unavailable. If Zoom is unavailable, the meeting will continue. Participants considering using Zoom should consider attending in person, if they desire to ensure their ability to view the meeting and offer public comments.

Subject to the above disclaimer, Zoom Online video conferencing is available to watch or listen in the following ways:

1. Using the following online livestream meeting portal link: https://cotaticity.primegov.com/public/portal

2. Cable T.V. Broadcast, local channel 28
Members of the public can participate in the meeting online by clicking the link below:
https://us02web.zoom.us/j/88686588283?pwd=Wgi6JjBIOedcwJbT7on7mwJydQJS9m.1 If you do not have the ability to join online, but would like to participate in the meeting, you can call into the meeting using your telephone, by dialing one of the following numbers and entering the meeting credentials:

Webinar ID: 886 8658 8283 Passcode: 324992
+1 (669) 900-6833 or +1 (346) 248-7799 or +1 (253) 215-8782 or +1 (301) 715-8592 or +1 (312) 626-6799 or +1 (929) 436-2866 Attendees may join the meeting any time after 5:45pm. Attendees will be muted until they are called upon for Public Comment. To make a public comment, use the “raise hand” icon on your smart device or desktop computer, or dial *9 if you are using just your telephone. Please listen carefully for the Mayor or City Clerk to address you by name (or phone number) and for the audible Zoom notification that you have been unmuted. Once you begin your public comment, your three minutes will begin.

If you would prefer to submit your public comment in writing, please email your comments to [email protected]. If you are commenting on a specific agenda item or items, please state the agenda item number(s) in the subject line of the email. All comments received via email will be provided to the City Council or Planning Commission in writing and included as part of the record of the meeting.

Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda.

Any writings or documents provided to a majority of the Cotati City Council regarding any item on this agenda will be made available for inspection in the online Meeting Portal at www.cotaticity.org and in the City Manager’s office located at 201 West Sierra Avenue, Cotati, California, during the City’s posted business hours.

Disabled Accommodation: Upon request, this agenda will be made available in appropriate formats to persons with disabilities as required by Section 202 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the Deputy City Clerk at (707) 665-3622 at least 48 hours in advance of the meeting.

Rules of Decorum: To avoid distraction, the following meeting etiquette shall be enforced. • Silence electronic devices, including cell phones.

Cotati City Council Packet July 09, 2024
• Audience members are advised to keep conversations to a minimum or conduct them outside the building. • Photographs or video recordings using tri-pods or other means that would be distracting are to be taken only from the designated media area. • The Presiding Officer shall request that the audience withhold expressions of support or opposition for speakers in the interest of time and to encourage the full expression of differing views. (City Council Policy 2023-01 III.B.1.) Public Comment (Action items): Public comment on any one agenda item where the City Council will be taking some action is limited to no more than three (3) minutes per person. Action items are typically designated on the agenda title.

Public Comment (Non-Action items): Public comment on non- action agenda items shall be received during the designated portion of the agenda.

Comments shall be limited to no more than three (3) minutes for all non-action agenda items.

Waiver Warning: If you challenge decisions/direction of the City Council of the City of Cotati in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Cotati at, or prior to, the public hearing(s).

City Council meetings are conducted according to City Council Policy 2023-01: City Council Rules. This policy available for inspection in the online Meeting Portal at www.cotaticity.org and in the City Manager’s office located at 201 West Sierra Avenue, Cotati, California, during the City’s posted business hours.

Those wishing to address the Council are asked to complete a speaker card and give it to the City Clerk. When you are called, step to the podium and state your name and address for the record. Persons wishing to address the Council are not required to identify themselves or complete a speaker card; (Gov’t. Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and it assists the City Clerk in preparing the City Council meeting minutes.

1. COUNCILMEMBER PARTICIPATION VIA TELECONFERENCE
Councilmember Susan Harvey will participate via teleconference at 5970 Riverview, Mackay, ID 83251, pursuant to Government Code Section 54953(b). Members of the public may attend and participate at either the Council Chambers or via teleconference from the location referenced above.

The agenda shall be posted at both locations.

CALL TO ORDER

2. ROLL CALL

3. LAND ACKNOWLEDGEMENT
The City of Cotati recognizes that we’re on the ancestral lands of the Coastal Miwok, who are the original caretakers of this area. We respectfully acknowledge the Indigenous peoples who have been stewarding and maintaining a relationship on this land as knowledge keepers for millennia. This acknowledgment does not take the place of authentic relationships with Indigenous communities but serves as a gesture of respect to the land we are on.

4. PLEDGE OF ALLEGIANCE

5. APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED UNDER THIS

AGENDA (ACTION)
A. COTATI CITY COUNCIL – REGULAR MEETING – JUN 25, 2024

6. ANNOUNCEMENTS
A. Meeting Orientation for New Attendees/Viewers. In conformance with the Brown Act and the adopted City Council Rules, the meeting agenda includes items labeled as Action Items, where the City Council may consider the item. If the City Council considers the item, citizens will be afforded the opportunity to provide comments relevant to the item being discussed. The meeting agenda also Cotati City Council Packet July 09, 2024
includes a Citizens Business item, which is the designated place on the agenda where citizens have the right to say whatever they wish. However, the Brown Act prohibits the City Council from taking action or considering any item that is not on this agenda, to ensure that other members of the community who wish to provide comment are notified in advance through a properly noticed meeting agenda.

B. Measure S supports police services, a variety of recreation programs for all ages, and the maintenance of our streets, parks, and public buildings. See details on the web at cotaticity.org C. Citizens interested in receiving City of Cotati community alerts via text or email are encouraged to enroll with CivicReady, by signing up on the City’s website, cotaticity.org, under the “How do I” link at the top of the homepage.

D. Like always, we love to hear from you, so please feel free to contact the City at 707-792-4600 or [email protected]. If you have a non-emergency issue after normal business hours, you can contact us at 707-792-4611 and of course if you have an emergency, please contact 9-1-1. Continue to look for updates on the City's website and social media channels available on Facebook, Instagram, and CivicReady.

7. APPROVAL OF FINAL AGENDA (ACTION)
This item will only be opened for the public comment if the City Council proposes to take any action to modify this agenda.

8. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS Any member of the public wishing to speak to the Council on any item(s) listed on the Consent Calendar or any matter(s) not listed on the agenda that are within the subject matter jurisdiction of the Council may do so at this time. Pursuant to the Brown Act, the Council is not allowed to consider issues or take action on any item not listed on the agenda. Pursuant to City Council Policy 2023-01, comments of any member of the public are normally restricted to a total of three (3) minutes in length per person for matters not on the agenda and a total of three (3) minutes per person in length for any and all items on the Consent Calendar. The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested. To facilitate public comment, the Deputy Clerk will alert speakers when there are thirty seconds remaining.

9. CONSENT CALENDAR (ACTION)
A. ADOPTION OF RESOLUTION CALLING A GENERAL MUNICIPAL ELECTION FOR NOVEMBER 5, 2024 AND REQUESTING CONSOLIDATION WITH

STATEWIDE ELECTION
It is recommended that the City Council adopt a resolution calling a general municipal election for the election of municipal officers to be held on November 5, 2024, and request the Board of Supervisors of the County of Sonoma to consolidate said election.

B. DEVELOPMENT IMPACT FEE STUDY UPDATE
It is recommended that the City Council authorize by motion the City Manager to execute an agreement for review and adjustment of development impact fees.

C. ADOPTION OF ORDINANCE AMENDING CHAPTER 2.22 OF COTATI MUNICIPAL

CODE ESTABLISHING COMMUNITY-POLICE ADVISORY COMMITTEE
It is recommended that the Cotati City Council adopt an ordinance amending and restating in its entirety Chapter 2.22 of the Cotati Municipal Code to establish and define guidelines for a Community-Police Advisory Committee.

D. ADOPTION OF A RESOLUTION APPROVING AN ADDITIONAL DISCRETIONARY Cotati City Council Packet July 09, 2024

PAYMENT TO CALPERS FOR THE PENSION UNFUNDED ACCRUED LIABILITY It is recommended that the City Council adopt a resolution authorizing an additional discretionary payment to CalPERS to remove negative amortization of the 2022 CalPERS losses.

E. APPROVAL OF ANNUAL STORM WATER SUPPORT SERVICES AGREEMENT It is recommended the City of Cotati City Council approve by motion a professional services agreement with Stone Creek Environmental for Storm Water Support Services F. APPROVAL OF 2024 COTATI ACCORDION FESTIVAL AND ASSOCIATED STREET

CLOSURES
It is recommended that the City Council adopt a resolution approving the 2024 Accordion Festival including the sale of alcoholic beverages on public property, amplified music, and the temporary closure of certain public streets.

G. REVISED MOU FOR THE COTATI POLICE MANAGEMENT ASSOCIATION (2024- 2029)
It is recommended that the City Council adopt a resolution approving the revised MOU for the Cotati Police Management Association, beginning on July 1, 2024 through June 30, 2029.

H. ADOPTION OF THE REVISED CITY-WIDE SALARY SCHEDULE FOR FISCAL YEAR 2024/25
It is recommended that the City Council adopt the revised fiscal year 2024/25 salary schedule, as updated per the current City labor agreements.

10. DIRECTION ON FUTURE AGENDA ITEMS

11. PUBLIC HEARINGS (ACTION)
A. INTRODUCTION OF AN ORDINANCE (1) AMENDING CHAPTER 17.28 (SPECIAL PURPOSE ZONE AND OVERLAY ZONE STANDARDS) OF TITLE 17 (LAND USE)

OF THE COTATI MUNICIPAL CODE TO ALLOW EXISTING PLANNED UNIT

DEVELOPMENTS (PUDS) TO BE SUBDIVIDED, DEVELOPED, REDEVELOPED, OR

MODIFIED CONSISTENT WITH THE UNDERLYING ZONING DISTRICT DEVELOPMENT STANDARDS, AND (2) REZONING MULTIPLE PROPERTIES TO

BE CONSISTENT WITH THEIR GENERAL PLAN LAND USE DESIGNATIONS It is recommended by staff and the Planning Commission that the City Council introduce the attached ordinance (1) amending Chapter 17.28 (Special Purpose Zone and Overlay Zone Standards) of Title 17 (Land Use) of the Cotati Municipal Code to allow existing Planned Unit Developments (PUDs) to be subdivided, developed, redeveloped, or modified consistent with the underlying zoning district development standards, and (2) rezoning multiple properties to be consistent with their General Plan land use designations.

B. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI AMENDING TITLE 17 (LAND USE) OF THE COTATI MUNICIPAL CODE

TO ESTABLISH OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY PLEX

HOUSING AND SINGLE-FAMILY HOUSING AND TO MAKE UPDATES TO

FACILITATE HOUSING DEVELOPMENT
It is recommended by the Community Development Department that the City Council hold a public hearing and introduce an ordinance amending Title 17 of the Cotati Municipal Code to establish objective design standards for multifamily plex and single family housing, and to make updates to facilitate housing development.

Cotati City Council Packet July 09, 2024
C. RESOLUTION TO APPROVE THE ENGINEER'S REPORT, CONFIRM THE

ASSESSMENT DIAGRAM AND ANNUAL ASSESSMENT AMOUNTS, AND LEVYING

AND COLLECTION OF THE ANNUAL ASSESSMENTS FOR THE COTATI

LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2024-25
It is recommended the City Council of the City of Cotati adopt a resolution approving the Annual Engineer's Report, confirming the assessment diagram and annual assessment amounts, and authorizing the levying and collection of assessments for Fiscal Year 2024-25 for the Cotati Landscaping and Lighting Assessment District for Zones 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 (Pursuant to the Landscaping and Lighting Act of 1972).

12. REGULAR AGENDA (ACTION)
A. APPROVAL OF A LICENSE AGREEMENT FOR AN INTERIM LIVESTOCK

OPERATOR AT THE VERONDA FALLETTI RANCH
It is recommended that the City Council approve by motion the work plan for the Veronda Falletti Ranch and authorize the City Manager to execute a 6-month license agreement with the proposed operator.

B. CITIZEN'S INITIATIVE MEASURE - ROUNDABOUT BAN REPEAL It is recommended the City Council adopt a resolution placing a proposed ordinance on the ballot for November 5, 2024, to repeal Chapter 11.11 of the City of Cotati Municipal Code, removing the existing ban on constructing roundabouts, traffic circles, and other similar traffic features in the City of Cotati
C. APPROVAL OF AGREEMENT FOR BUDGET WORKSHOP FACILITATION It is recommended that the City Council approve by motion an agreement for facilitation of a budget workshop and authorize the City Manager to execute said agreement.

D. DISCUSS COTATI CULTURAL EVENT GRANT PROGRAM
It is recommended that the City Council review and discuss the proposed Cotati Cultural Event Small Grant Program and provide direction to staff, if any.

E. DISCUSS AND POTENTIALLY TAKE A POSITION ON SENATE BILL (SB) 1298, CERTIFICATION OF THERMAL POWERPLANTS: DATA CENTERS
It is recommended that the City Council review and discuss SB 1298 and determine if the City Council will issue a letter of opposition to this bill.

13. CITY MANAGER'S REPORT

14. CITY COUNCIL MEMBER REPORTS

15. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

16. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9) NAME OF CASE: COUNTRYSIDE MHP LLC V. CITY OF COTATI, SONOMA COUNTY SUPERIOR COURT CASE NO. 24CV00804
Cotati City Council Packet July 09, 2024
B. CONFERENCE WITH CITY LABOR NEGOTIATORS (GOVERNMENT CODE SECTION 54957.6) CITY DESIGNATED REPRESENTATIVE: CITY MANAGER OR DESIGNEE. EMPLOYEE ORGANIZATION: UNREPRESENTED

17. REPORT OUT OF CLOSED SESSION

18. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
A. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED

19. ADJOURNMENT
Certification of Posting of the Notice: I declare under penalty of perjury that I am employed by the City of Cotati and that I posted this notice on the City’s website, bulletin boards of City Hall, Veterans’ Memorial Building and the SMART Train Depot, on or before July 5, 2024. /s/ Kevin Patterson, Deputy City Clerk

MINUTES

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE

FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY
City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday, June 25, 2024
6:00 PM REGULAR MEETING

1. CALL TO ORDER
Mayor Sparks called the meeting to order at 6:00pm.

2. ROLL CALL
Attendee Name Title Status
Laura Sparks Mayor Present
Ben Ford Vice Mayor Present
Susan Harvey Councilmember Present
Sylvia Lemus Councilmember Present
Kathleen Rivers Councilmember Present
Staff Present: City Manger Damien O’Bid, Assistant City Attorney Ali Wolf, Deputy City Clerk Kevin Patterson, Director of Administrative Services Angela Courter, Director of Community Development Noah Housh, Director of Public Works/City Engineer Craig Scott, Police Chief Chris Simmons

3. LAND ACKNOWLEDGEMENT
The City of Cotati recognizes that we’re on the ancestral lands of the Coastal Miwok, who are the original caretakers of this area. We respectfully acknowledge the Indigenous peoples who have been stewarding and maintaining a relationship on this land as knowledge keepers for millennia. This acknowledgement does not take the place of authentic relationships with Indigenous communities but serves as a gesture of respect to the land we are on.

4. PLEDGE OF ALLEGIANCE

5. APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED UNDER THIS

AGENDA (ACTION)
A. COTATI CITY COUNCIL – REGULAR MEETING – JUNE 11, 2024 7 of 349 Cotati City Council Minutes June 25, 2024
RESULT: APPROVE [5 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Ben Ford, Vice Mayor
AYES: Sparks, Ford, Harvey, Lemus, Rivers
NAYS: None

6. ANNOUNCEMENTS
A. Meeting Orientation for New Attendees/Viewers. In conformance with the Brown Act and the adopted City Council Rules, the meeting agenda includes items labeled as Action Items, where the City Council may consider the item. If the City Council considers the item, citizens will be afforded the opportunity to provide comments relevant to the item being discussed. The meeting agenda also includes a Citizens Business item, which is the designated place on the agenda where citizens have the right to say whatever they wish. However, the Brown Act prohibits the City Council from taking action or considering any item that is not this agenda, to ensure that other members of the community who wish to provide comment are notified in advance through a properly noticed meeting agenda.

B. Measure S supports police services, a variety of recreation programs for all ages, and the maintenance of our streets, parks, and public buildings. See details on the web at cotaticity.org C. Citizens interested in receiving City of Cotati community alerts via text or email are encouraged to enroll with CivicReady, by signing up on the City’s website, www.cotaticity.org, under the “How do I” link at the top of the homepage.

7. PRESENTATIONS
A. PRESENTATION FROM ROHNERT PARK ANIMAL SERVICES
Presentation by Mickey Zeldes, Supervisor of Rohnert Park Animal Services.

Councilmembers comment.

No public comment.

8. APPROVAL OF FINAL AGENDA (ACTION)
City Manager Damien O’Bid recommended to move item 13A to immediately after item 10, Consent Calendar. City Council concurred.

No public comment.

9. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS Any member of the public wishing to speak to the Council on any item(s) listed on the Consent Calendar or any matter(s) not listed on 8 of 349
Cotati City Council Minutes June 25, 2024
the agenda that are within the subject matter jurisdiction of the Council may do so at this time. Pursuant to the Brown Act, the Council is not allowed to consider issues or take action on any item not listed on the agenda. Pursuant to City Council Policy 2023-01, comments of any member of the public are normally restricted to a total of three (3) minutes in length per person for matters not on the agenda and a total of three (3) minutes per person in length for any and all items on the Consent Calendar. The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested. To facilitate public comment, the Deputy Clerk will alert speakers when there are thirty seconds remaining.

10. CONSENT CALENDAR (ACTION)
Mayor Sparks announced that there would be a separate vote for item 10E. Motion to approve consent calendar only included items 10A-10D.

A. FISCAL YEAR 24/25 SB 1 LIST OF PROJECTS AS REQUIRED BY THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
B. RESOLUTION ESTABLISHING ANNUAL APPROPRIATIONS (GANN) LIMIT FOR FISCAL YEAR 2024/25
C. ADOPTION OF THE REVISED CITY-WIDE SALARY SCHEDULE FOR FISCAL YEAR 2024/25
D. FINANCIAL POLICIES UPDATE
RESULT: ADOPT [5-0]
MOVER: Susan Harvey, Councilmember
SECONDER: Ben Ford, Vice Mayor
AYES: Sparks, Ford, Harvey, Lemus, Rivers
NAYS: None
E. ADOPTION OF NOISE ORDINANCE AMENDMENTS TO RESTRICT THE USE OF

GAS-POWERED LEAF BLOWERS DURING CERTAIN HOURS
RESULT: ADOPT [3 TO 2]
MOVER: Ben Ford, Vice Mayor
SECONDER: Sylvia Lemus, Councilmember
AYES: Sparks, Ford, Lemus
NAYS: Harvey, Rivers
13A. CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY

MANAGER TO ENTER INTO AN EXCLUSIVE NEGOTIATING

AGREEMENT WITH FREEBIRD DEVELOPMENT LLC FOR THE
DEVELOPMENT OF CITY OWNED PROPERTY AT 120 E COTATI

AVENUE WITH AFFORDABLE HOUSING
Vice Mayor Ben Ford recused himself from this item, as he lives near the project site in question.

Presentation by Director of Community Development Noah Housh and Robin Zimler of Freebird Development.

Councilmembers comment.
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11. Public Comment:

Laurie Alderman of Cotati
Neil Hancock of Cotati
Albert Lopez of Cotati
Adrienne Lauby of Cotati
Heidi Chesney of Cotati
Shelley Berman of Cotati
RESULT: APPROVE [4 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Kathleen Rivers, Councilmember
AYES: Sparks, Harvey, Lemus, Rivers
NAYS:

RECUSED:

None
Ford

DIRECTION OF FUTURE AGENDA ITEMS
Councilmember Lemus requested a future agenda item on a letter of opposition to SB 1298, indicating that the July 9 City Council meeting would be timely.

12. PUBLIC HEARINGS (ACTION)
A. ADOPTION OF ORDINANCE AMENDING CHAPTER 2.22 OF COTATI MUNICIPAL

CODE ESTABLISHING COMMUNITY-POLICE ADVISORY COMMITTEE
Presentation by Chief of Police Chris Simmons.

Councilmembers comment.

Public Comment:

Adrienne Lauby of Cotati
Shelley Berman of Cotati
Laurie Alderman of Cotati
Marjorie Crump-Shears of Cotati
The Council made the following modifications to the ordinance:
-Section 2.22.020: Add a period after “community based safety programs,” delete “as defined by the City Council, City Manager, and Chief of Police.
-Section 2.22.60: Add “By a majority vote, the Committee may recommend to the City Council the removal of a committee member.”
-Section 2.22.070: Add “D. By a majority vote, the Committee may make written recommendations to the Chief of Police.”
-Section 2.22.070: Change reports to the Council to twice per year instead of annually. -Section 2.22.080: Add “C. The Police Chief shall provide a written response to recommendations made by the Committee within 6 months.”
-Section 2.22.090(B): Remove “investigation conducted by the Cotati Police Department” -Section 2.22.090(D): Remove section in its entirety.
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Cotati City Council Minutes June 25, 2024
RESULT: APPROVE [5 TO 0]
MOVER: Kathleen Rivers, Councilmember
SECONDER: Ben Ford, Vice Mayor
AYES: Sparks, Ford, Harvey, Lemus, Rivers
NAYS: None

13. REGULAR AGENDA (ACTION)
B. ADOPTION OF RESOLUTION APPROVING THE FISCAL YEAR 2024/25 BUDGET Presentation by Director of Administrative Services Angela Courter and City Manager Damien O’Bid.

Councilmembers comment.

Public Comment:

Shelley Berman of Cotati
RESULT: ADOPT [5 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Sylvia Lemus, Councilmember
AYES: Sparks, Ford, Harvey, Lemus, Rivers
NAYS: None
C. DISCUSS NORCAL OAKS LICENSE AGREEMENT
Presentation by City Manager Damien O’Bid.

Councilmembers comment.

Public Comment:

Shelley Berman of Cotati
Adrienne Lauby of Cotati
Peggy Carr
Council provided direction to staff to implement the proposed public hours at Putnam Park, and to work with NorCal Oaks on a similar program once Cator Field construction is complete.

Council also directed staff to research options for watering the eastern portion of the grass field at Putnam Park, outside the boundaries of the baseball field.

14. CITY MANAGER'S REPORT
Report by City Manager Damien O’Bid.

15. CITY COUNCIL MEMBER REPORTS
Councilmembers report out on local and regional events and meetings. 11 of 349
Cotati City Council Minutes June 25, 2024

16. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

17. CLOSED SESSION
A. CONFERENCE WITH CITY LABOR NEGOTIATORS (GOVERNMENT CODE SECTION 54957.6.) CITY DESIGNATED REPRESENTATIVE: CITY MANAGER OR DESIGNEE. EMPLOYEE ORGANIZATION: COTATI POLICE MANAGEMENT

ASSOCIATION (CPMA)
Mayor Sparks announced the closed session topic.

No public comment.

Council adjourned to closed session at

18. 19.

REPORT OUT OF CLOSED SESSION
Mayor Sparks announced that there was nothing to report out of closed session.

INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
A. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED

20. ADJOURNMENT
Mayor Sparks adjourned the meeting at 11:07pm.
/s/ Kevin Patterson, Deputy City Clerk
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: ADOPTION OF RESOLUTION CALLING A GENERAL
MUNICIPAL ELECTION FOR NOVEMBER 5, 2024 AND

REQUESTING CONSOLIDATION WITH STATEWIDE

ELECTION
Date: July 9, 2024
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
It is recommended that the City Council adopt a resolution calling a general municipal election for the election of municipal officers to be held on November 5, 2024, and request the Board of Supervisors of the County of Sonoma to consolidate said election.

Background
The proposed resolution calls a general municipal election for November 5, 2024 for the election of three members of the City Council and requests the Sonoma County Board of Supervisors to consolidate the City’s election with the statewide general election pursuant to California Elections Code §10403 and Cotati Municipal Code §1.10 (Elections).

Analysis/Discussion
The recommended action is pursuant to Cotati Municipal Code §1.10.010 which sets the general municipal election date, as well as California Elections Code §10403, which sets forth regulations for the consolidation of elections. The action to call a municipal election must be taken at a regular meeting of the City Council.

Financial Considerations
The Sonoma County Registrar of Voters has estimated the cost of the 2024 election for three Councilmembers at $2.00 - $6.00 per registered voter, of which there are 4,962 in Cotati, for a total of $11,413-$34,238. Note that this estimate is for the election of Councilmembers only. 13 of 349
Environmental Issues
The action of calling an election does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.
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RESOLUTION NO. (XX)

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI,

CALIFORNIA, CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF COTATI ON NOVEMBER 5, 2024 FOR THE ELECTION OF

MUNICIPAL OFFICERS AND REQUESTING THE BOARD OF SUPERVISORS OF

THE COUNTY OF SONOMA TO CONSOLIDATE THE ELECTION WITH THE

STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
WHEREAS, under provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5, 2024 for the election of Municipal Officers; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General election and any other election held on the same day, in the same territory, or in territory that is in part the same, to be held on the same date; and that within the City, the precincts, polling places and election officers of the two elections be the same; and that the County Election Department of the County of Sonoma canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COTATI DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, there is called and ordered to be held in the City of Cotati, on Tuesday, November 5, 2024, a General Municipal Election, and the Board of Supervisors of the County of Sonoma is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 5, 2024, and provide all services necessary to conduct the election, for the purpose of the election of three (3) members of the City Council of the City of Cotati, for the full term of four years.

SECTION 2. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. All other rules and regulations governed by the Elections Code for the conduct of the General Municipal Election on November 5, 2024, not specifically cited in this Resolution, shall be applicable to the Election.

SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. That the City of Cotati recognizes that additional costs will be incurred by the County by reason of this consolidation and has contracted with the County to reimburse the County for any such costs. The City Council acknowledges that the consolidated election will be conducted in the manner prescribed in Elections Code Section 10418. 15 of 349
SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Sonoma.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

SECTION 7. That the City Clerk is hereby authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law and pursuant to Elections Code section 12101, and further directed to cause the posting, publication and printing of notices and all other matters pursuant to the requirements of the Elections and Government Codes of the State of California.

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 July 9, 2024, by the following vote, to wit:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: DEVELOPMENT IMPACT FEE STUDY UPDATE
Date: July 9, 2024
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council authorize by motion the City Manager to execute an agreement for review and adjustment of development impact fees.

Background
In California, due to the Mitigation Fee Act, new development is required to pay for their proportional impact on future infrastructure that will serve planned growth. This is done through advanced infrastructure planning by the City to determine the future infrastructure needs and the adoption of development impact fees to fund these projects. Additionally, AB 602, which took effect in 2022, created additional requirements for impact fees.

As part of the FY 24-25 workplan, the City committed to updating the City’s development impact fees to meet identified needs and ensure compliance with AB 602.

Analysis/Discussion
In addition to a general update of the impact fees to make them compliant with AB 602, this project is intended to update housing impact fees to move to a square footage approach, rather than a per unit approach. Additionally, some existing impact fees use different inflation escalators, some of which are no longer published, making annual inflation adjustments difficult.

By updating and adopting as a group, the impact fees can be uniform and consistent to meet the City’s future development-driven infrastructure needs and the City’s policy goals.

Financial Considerations
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The fee for the proposed work is $42,000, which is included in the adopted FY 24/25 budget.

No additional appropriations are required.

Environmental Issues
The proposed update to the development impact fees will not have any effect on the environment. Where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 14.03.021 of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.
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City of Cotati
Development Impact Fee Study
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T 800.755.6864 | F 951.587.3510 ▪ 888.326.6864 | 66 Franklin Street, Suite 300, Oakland, California 94607 | www.willdan.com i March 4, 2024
Mr. Damien O’Bid
City Manager
City of Cotati
201 W Sierra Avenue
Cotati, CA 94931
Re: Proposal to Conduct a Development Impact Fee Study for the City of Cotati Dear Mr. O’Bid:

Per our recent discussions, please find attached, Willdan Financial Services’ (“Willdan”) proposal to conduct a Development Impact Fee Study for the City of Cotati (“City”). Willdan’s project approach helps to ensure the preparation of an impact fee study that will withstand technical challenges and public scrutiny. Given Willdan’s unmatched impact fee experience, we are particularly well positioned to serve the City and help achieve established long-term goals. Outlined below are the advantages and benefits that Willdan will provide to the City.

Unmatched experience implementing and defending fee programs. Willdan’s impact fee staff has assisted more than 100 California government agencies with the development and/or update of all fee types and is fortunate to be in a position that will provide a tremendous benefit to the City. Each project has required defensible documentation and thorough coordination of fee program changes for different agency departments and stakeholders within the business community. In some cases, Willdan has been required to negotiate fees with stakeholders and, on occasion, defend them in meetings and public forums.

We are particularly strong in advising our clients on the advantages and disadvantages of different fee schedule structures (citywide versus multiple-fee districts/zones; more versus fewer land-use categories; etc.) and methods of fee calculation that are based on the City’s and stakeholder priorities. Impact fees also need to be developed in compliance with the Mitigation Fee Act (California Government Code Section 66000 et seq., also known as Assembly Bill 1600) so that they are defensible and transparent. We are also current on the changes to fee programs and the adoption of nexus studies resulting from AB 602, which took effect in 2022.

Innovative Methodologies. As Willdan operates nationally, we possess unique experiences in numerous jurisdictions dealing with multiple challenges. Our ability to produce studies that accommodate various options and viewpoints ensures fair-minded and sensible projects. Our methodology and approach to impact fees has proven to be effective for Cities and Counties, the development community, and the public. Utilizing focus groups, with established guidelines, during the study, fully informs the development community and the public of the justification of the impact fees, and their positive effect on community growth.

Best-in-class impact fee team that can work immediately to prepare an impact fee program. The Willdan team begins a project by evaluating the agency’s existing fee program, if available, and current capital planning policies and funding programs. Not all capital projects are amenable to funding from impact fee programs, and we identify sources that complement fee revenues to fully fund the capital improvement program. The team’s Principal-in-Charge James Edison and Project Manager Carlos Villarreal are well respected by our clients for their skill in proactively organizing a clear, consensus-based project approach.

Successful project completion. Willdan has successfully completed many development impact fee studies, including most recently in the Alameda, Dublin, Fremont, Gilroy, Healdsburg, Mountain View, Pacifica, Richmond, Salinas, Santa Clara and South San Francisco, as well as the County of Sonoma, Rodeo-Hercules Fire Protection District and the Town of Windsor. These fee programs were approved by their respective Councils.

We are excited about this opportunity to use our skills and expertise to continue to serve the City of Cotati. To discuss any aspect of this submittal, please contact Managing Principal James Edison directly at (510) 912-4687, or via email at [email protected].

Sincerely,

WILLDAN FINANCIAL SERVICES
Chris Fisher
Vice President / Director
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Development Impact Fee Study ii
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Table of Contents
Scope of Services............................................................................................................................................................1 Project Understanding.......................................................................................................................................... 1 Work Plan............................................................................................................................................................... 5 Staff Support.......................................................................................................................................................... 8 Project Schedule ................................................................................................................................................... 9 Qualifications and Experience...............................................................................................................................12 Firm Profile .......................................................................................................................................................... 12 Experience and Expertise .................................................................................................................................. 13 References........................................................................................................................................................... 14 Recent Studies .................................................................................................................................................... 15 Project Team...................................................................................................................................................................17 Key Staff Members.............................................................................................................................................. 17 Resumes .............................................................................................................................................................. 17 James Edison, JD, MPP ....................................................................................................................................... 18 Carlos Villarreal, MPP........................................................................................................................................... 19 Cost Schedule................................................................................................................................................................20 Development Impact Fee Study......................................................................................................................... 20 Hourly Rates ........................................................................................................................................................ 21 21 of 349
Development Impact Fee Study 1
City of Cotati, CA
Scope of Services
This section outlines Willdan Financial Services’ (“Willdan”) understanding of the City of Cotati’s (“City”) desire to conduct a development impact fee study, as well as identify the project objectives and discusses the background regarding public facilities financing in California. Also outlined is an overview of our impact fee project approach.

Project Understanding
As part of the larger financial planning effort for Cotati General Plan, the City seeks to understand what the financial impacts of foreseeable future development will have on the City’s public services and infrastructure, and to identify potential gaps in funding for those necessary improvements. The City desires to update impact fees to ensure a fair and reasonable fee structure, while meeting the requirements of the California Mitigation Fee Act (California Government Code 66000 et seq). The resulting fees will fund new development’s share of planned facilities, while not overburdening development with unnecessary costs.

Listed below are the development impact fees that will likely be included in this study:
▪ Parks and Recreation
▪ Traffic
▪ General Plan
▪ Water
▪ Sewer
Project Objectives
The objective of this project is to update development impact fees pursuant to State law. To accomplish this objective, this study will:
▪ Develop a technically defensible fee justification, based on the reasonable relationship and deferential review standards;
▪ Review and facility standards, capital facilities plans and costs, and development and growth assumptions; ▪ Provide a schedule of maximum-justified fees by land use category; and ▪ Provide comprehensive documentation of assumptions, methodologies, and results, including findings required by the Mitigation Fee Act.

Public Facilities Financing in California
The changing fiscal landscape in California during the past 40 years has steadily undercut the financial capacity of local governments to fund infrastructure. Four dominant trends stand out:

1. The passage of a string of tax limitation measures starting with Proposition 13 in 1978 and continuing through the passage of Proposition 218 in 1996;

2. Declining popular support for bond measures to finance infrastructure for the next generation of residents and businesses;

3. Steep reductions in Federal and State assistance; and

4. Permanent shifting by the State of local tax resources to the State General Fund to offset deficit spending brought on by recessions.

Faced with these trends, many cities and counties have had to adopt a policy of "growth pays its own way." This policy shifts the burden of funding infrastructure expansion from existing rate and taxpayers onto new development.

This funding shift has been accomplished primarily through the imposition of assessments, special taxes, and development impact fees, also known as public facilities fees. Assessments and special taxes require approval of property owners or registered voters and are appropriate when the funded facilities are directly related to the developing property. Development impact fees, on the other hand, are an appropriate funding source for facilities that benefit development jurisdiction-wide. Development fees need only a majority vote of the legislative body for adoption.

Approach and Methodology
Willdan’s methodology for calculating public facilities fees is both simple and flexible. Simplicity is important so that the development community and the public can easily understand the justification for the fee program. At the same time, we use our expertise to reasonably ensure that the program is technically defensible. 22 of 349
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Flexibility is important, so we can tailor our approach to the available data, and the agency’s policy objectives. Our understanding of the technical standards established by statutes and case law suggests that a range of approaches are technically defensible. Consequently, we can address policy objectives related to the fee program, such as economic development and affordable housing.

Flexibility also enables us to avoid excessive engineering costs associated with detailed facility planning. We calculate the maximum justifiable impact fee and provide flexibility for the agency to adopt fees up to that amount.

Development impact fees are calculated to fund the cost of facilities required to accommodate growth. The four steps followed in an impact fee study include:
▪ Estimate existing development and future growth: Identify a base year for existing development and a growth forecast that reflects increased demand for public facilities; ▪ Identify facility standards: Determine the facility standards used to plan for new and expanded facilities; ▪ Determine facilities required to serve new development and their costs: Estimate the total amount and cost of planned facilities, and identify the share required to accommodate new development; and ▪ Calculate fee schedule: Allocate facilities costs per unit of new development to calculate the public facilities fee schedule.

We discuss key aspects of our approach to each of these steps in the subsections that follow.

Growth Projections
In most cases, we recommend use of long-range market-based projections of new development. By “long-range” we suggest 20 to 30 years to: capture the total demand often associated with major public facility investments; and support analysis of debt financing, if needed. In contrast to build out projections, market-based projections provide a more realistic estimate of development across all land uses. Build out projections typically overestimate commercial and industrial development because of the oversupply of these land uses relative to residential development.

Facility Standards
The key public policy issue in development impact fee studies is the identification of facility standards (second bullet above). Facility standards document a reasonable relationship between new development and the need for new facilities. Standards ensure that new development does not fund deficiencies associated with existing development.

Our approach recognizes three separate components of facility standards:

1. Demand standards determine the amount of facilities required to accommodate growth. Examples include park acres per thousand residents, square feet of library space per capita, or gallons of water per day. Demand standards may also reflect a level of service such as the vehicles-to-capacity (V/C) ratio used in traffic planning;

2. Design standards determine how a facility should be designed to meet expected demand, for example park improvement requirements and technology infrastructure for office space. Design standards are typically not explicitly evaluated as part of an impact fee analysis but can have a significant impact on the cost of facilities.

Our approach incorporates current facility design standards into the fee program to reflect the increasing construction cost of public facilities; and

3. Cost standards are an alternate method for determining the amount of facilities required to accommodate growth based on facility costs per unit of demand. Cost standards are useful when demand standards were not explicitly developed for the facility planning process. Cost standards also enable different types of facilities to be analyzed based on a single measure (cost or value), useful when disparate facilities are funded by a single fee program. Examples include facility costs per capita, per vehicle trip, or cost per gallon of water per day.

Identifying New Development Facility Needs and Costs
We can take several different approaches to identify facility needs and costs to serve new development. Typically, this is a two-step process: 1) identify total facility needs; and 2) allocate to new development its fair share of those needs. Total facility needs are often identified through a master facility planning process that typically takes place concurrent with or prior to conducting the fee study. Engineered facility plans are particularly important in the areas of traffic, water, sewer, and storm drain due to the specialized technical analysis required to identify facility needs.

There are three common methods for determining new development’s fair share of planned facilities costs: 1) the existing inventory method; 2) the planned facilities method; and 3) the system plan method. Often the method selected depends on the degree to which the community has engaged in comprehensive facility master planning to identify facility needs.
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The formula used by each approach and the advantages and disadvantages of each method is summarized as follows:

Existing Inventory Method
The existing inventory method allocates costs based on the ratio of existing facilities to demand from existing development as follows:

Current Value of Existing Facilities = $/unit of demand Existing Development Demand Under this method new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method results in no facility deficiencies attributable to existing development. This method is often used when a long-range plan for new facilities is not available. Only the initial facilities to be funded with fees are identified in the fee study. Future facilities to serve growth are identified through an annual Capital Improvement Plan (CIP) and budget process, possibly after completion of a new facility master plan.

Planned Facilities Method
The planned facilities method allocates costs based on the ratio of planned facility costs to demand from new development as follows:

Cost of Planned Facilities = $/unit of demand New Development Demand This method is appropriate when specific planned facilities can be identified that only benefit new development.

Examples include street improvements to avoid deficient levels of service or a sewer trunk line extension to a previously undeveloped area. This method is appropriate when planned facilities would not serve existing development. Under this method new development funds the expansion of facilities at the standards used for the master facility plan.

System Plan Method
This method calculates the fee based on the ratio of the value of existing facilities plus the cost of planned facilities divided by demand from existing plus new development:

Value of Existing Facilities + Cost of Planned Facilities = $/unit of demand Existing + New Development Demand This method is useful when planned facilities need to be analyzed as part of a system that benefits both existing and new development. It is difficult, for example, to allocate a new fire station solely to new development when that station will operate as part of an integrated system of fire stations that work together to achieve the desired level of service.

Police substations, civic centers, and regional parks are examples of similar facilities.

The system plan method ensures that new development does not pay for existing deficiencies. Often, facility standards based on policies such as those found in General Plans are higher than existing facility standards. This method enables the calculation of the existing deficiency required to bring existing development up to the policybased standard. The local agency must secure non-fee funding for that portion of planned facilities, required to correct the deficiency, to ensure that new development receives the level of service funded by the impact fee.

Calculating the Fee Schedule
At its simplest, the fee schedule uses the cost per unit of demand discussed in the last subsection to generate the fee schedule. This unit cost is multiplied by the demand associated with a new development project to calculate the fee for that project. The fee schedule uses different demand measures by land use category to provide a reasonable relationship between the type of development and the amount of the fee. We are familiar with a wide range of methods for identifying appropriate land use categories and demand measures depending on the study. 24 of 349
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Related Approach Issues
Funding and Financing Strategies
In our experience, one of the most common problems with impact fee programs and with many CIPs is that the program or plan is not financially constrained to anticipated revenues. The result is a “wish list” of projects that generate community expectations that often cannot be fulfilled. Our approach is to integrate the impact fee program into the local agency’s existing CIPs while encouraging those plans to be financially constrained to available resources. We clearly state the cost of correcting existing deficiencies, if any, to document the relationship between the fee program and the need for additional non-fee funding.

We can also address one of the most significant drawbacks of an impact fee program – the inability to support conventional public debt financing, so projects can be built before all fee revenues have been received. In collaboration with financial advisors and underwriters, we have developed specific underwriting criteria so that fees can be used to pay back borrowing if another source of credit exists. Typically, this approach involves the use of Certificates of Participation or revenue bonds that are calibrated so that they can be fully repaid using impact fee revenues.

Economic Development Concerns
The development community often is concerned that fees and other exactions will become too high for development to be financially feasible under current market conditions. Local agencies have several strategies to address this concern, including:
▪ Conducting an analysis of the total burden placed on development, by exactions, to see if feasibility may be compromised by the proposed fees;
▪ Gathering similar data on the total fee burden imposed by neighboring or competing jurisdictions; ▪ Developing a plan for phasing in the fees over several years to enable the real estate market to adjust; ▪ Providing options for developers to finance impact fees through assessments and other types of financing districts; and
▪ Imposing less than the maximum justified fee.

If less than the maximum justified fee is imposed, we will work with staff to identify alternative revenues sources for the CIP. The CIP should remain financially feasible to maintain realistic expectations among developers, policymakers, and the public.

Stakeholder Participation
Stakeholder participation throughout the study supports a successful adoption process. Our approach is to create consensus first, around the need for facilities based on agreed upon facility standards. Second, we seek consensus around a feasible funding strategy for these needs, leading to an appropriate role for impact fees.

Gaining consensus among various groups requires a balanced discussion of both economic development and community service objectives. Often, our approach includes formation of an advisory committee to promote outreach to and input from the development community and other stakeholders. We have extensive experience facilitating meetings to explain the program and gain input.

Program Implementation
Fee programs require a certain level of administrative support for successful implementation. Our final report will include recommendations for appropriate procedures, such as:
▪ Regularly updating development forecasts;
▪ Regularly updating fees for capital project cost inflation; ▪ Regularly updating capital facility needs based on changing demands; ▪ Developing procedures for developer credits and reimbursements; and ▪ Including an administrative charge in the fee program. 25 of 349
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Work Plan
Willdan will work with the City to update its impact fees consistent with the Mitigation Fee Act and other relevant laws.

We want to ensure that our scope of services is responsive to the City’s needs and specific local circumstances. We will work with the City to revise our proposed scope based on input prior to approval of a contract, and as needed during the course of the study.

Task 1: Identify Policy Issues
Objective: Identify and discuss potential policy issues raised by the study. Kick-off meeting with staff to review data needs, policy issues, schedule and discuss potential additional fee categories.

Description: Review agency documents related to existing capital planning policies and funding programs including existing impact fees. Bring policy issues to City staff’s attention, as appropriate, during the project and seek guidance prior to proceeding. Potential policy issues include:
▪ Changes in implementation resulting from AB 602;
▪ Changes in approach and nexus findings necessary to comply with AB 602; ▪ Potential new impact fees for consideration
▪ Adequacy of General Plan and other public facility planning policies (e.g., level of service standards); impact fee ordinances and resolutions, and prior nexus studies; ▪ Availability of existing public facility master plans and CIPs to identify needed facilities; ▪ Types of facilities to be funded by each fee;
▪ Land use categories for imposition of fees;
▪ Nexus approach to determining facility standards;
▪ Nexus approach to allocating cost burden among land uses, including need for separate fee zones;
▪ Potential alternative funding sources, if needed;
▪ Funding existing deficiencies, if identified; and
▪ Implementation concerns and strategies.

Deliverables: (1) Information requests; and (2) revised project scope and schedule (if needed).

Task 2: Identify Existing Development and Future Growth Objective: (1) Identify estimates of existing levels of development; and (2) identify a projection of future growth consistent with current planning policy.

Description: Identify base year for estimating existing levels of development and for calculating facility standards based on existing facility inventories (see Task 3). Include entitled development that would be exempt from fee program.

Consult with City staff to identify growth projections to a defined long-range planning horizon (10 to 30 years). Projections provide a basis for determining the facilities needed to accommodate growth (see Task 4). Consider projections from regional metropolitan planning agencies and other available sources - City staff to provide estimates and projections by zone if needed.

Develop approach for converting land use data to measure of facility demand. For example, identify population and employment density factors to convert population and employment estimates to dwelling units and building square footage.

Select appropriate approach for each impact fee based on:
▪ Available local data on facility demand by land use category; ▪ Approaches used by other agencies; and
▪ Support for other agency policy objectives.

Changes to estimates and projections during subsequent tasks could cause unanticipated effort and require an amendment to the scope of services and budget. Obtain approval of estimates and projections from City staff prior to proceeding.
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Task 3: Determine Facility Standards
Note: Conduct Tasks 3, 4, and 5 separately for each intended facility and fee type. Conduct tasks concurrently because of the effect of facility standards (Task 3), facility needs (Task 4), and alternative funding (Task 5) on the fee calculation.

Objective: Determine standards to identify facilities required to accommodate growth.

Description: Identify and evaluate possible facility standards depending upon the facility type, current facility inventory data, and available facility planning documents. Consider use of: (1) adopted policy standards (e.g., General Plan, master facility plans); (2) standards derived from existing facility inventories; or (3) standards derived from a list of planned facility projects. City staff to provide policies, inventories, and project lists. Willdan will work with the City to identify additional costs that might be eligible for funding by the DIF.

Task 4: Determine Facilities Needs and Costs
Objective: Identify the type, amount and cost of facilities required to accommodate growth and correct deficiencies, if any.

Description: Quantify total planned facilities based on growth projection from Task 2 and facility standards from Task 3. Express planned facilities in general quantities such as acres of parkland, or as a specific list of capital projects from a master facility plan.

Location of planned facilities may or may not be specified. If only a general description of planned facilities is available through the planning horizon, City staff to provide a list of specific capital projects for use of fee revenues during the short term (e.g., five years).

Distinguish between: (1) facilities needed to serve growth (that can be funded by impact fees); and (2) facilities needed to correct existing deficiencies (that cannot be funded by impact fees). Use one of three cost allocation methods (existing inventory, system plan, or planned facilities).

Gather planning-level data on new facilities costs based on lump sum project cost estimates, or unit costs and project quantities (acres, building square feet, lane miles, etc.). Consider recent City experience, local market data such as land transactions, and consultant team experience from prior projects. Inflate older cost estimates to base year using appropriate cost indices.

The revised facility costs will form the basis of the capital improvement program needed for compliance with AB 602.

This scope of work does not include additional engineering analysis, including traffic engineering, to identify total facility needs, existing deficiencies, or cost estimates. Any such engineering/design work can be provided under a separate contract with Willdan Engineering or a third party. However, Willdan can use rough descriptions and comparables to calculate a reasonable cost estimate sufficient for use in the DIF study.

Task 5: Identify Funding and Financing Alternatives
Objective: Determine the extent of alternative (non-fee) funding available for new facilities.

Description: If impact fees are going to only partially fund a capital project, the Mitigation Fee Act requires the agency report on the anticipated source and timing of the additional funding every five years. There are two types of alternative funding sources that we will identify:

1. Funding from non-impact fee sources to correct existing deficiencies; and

2. Funding from new development other than impact fees that must be credited against new development’s impact fee contributions, possibly including taxes paid to finance facilities.

Identify anticipated alternative funding based on information from City staff or note that funds are still to be identified based on a list of probable funding alternatives. If fees will fund debt service include financing costs in the total cost of facilities.

Assume facilities to be funded predominantly on a pay-as-you-go basis. Scope does not include a cash flow analysis to analyze effect of timing of fee revenues on financing costs. 27 of 349
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Task 6: Fee Comparison Analysis
Objective: Provide a comparison of the current and proposed impact fees to those of comparable/surrounding jurisdictions in Sonoma County.

Description: Willdan will compare a total of four Sonoma County jurisdictions to be selected by the City.

Typically, Willdan prepares an analysis of fees charged to a series of prototype developments (such as residential, retail, etc.) to provide an “apples to apples” comparison, but the exact methodology will be determined in consultation with the City. This comparison will be limited to four other jurisdictions.

Task 7: Calculate Fees and Prepare Report
Objective: Provide technically defensible fee report that comprehensively documents project assumptions, methodologies, and results.

Description: Generate fee schedule to apportion facility costs to individual development projects. Use facility costs per unit of demand multiplied by demand by land use category based on data developed in prior tasks.

Prepare draft report tables for City staff to review, that document each step of the analysis, including schedule of maximum justified fees by facility type land use category and all other requirements of the Mitigation Fee Act.

Following one (1) round of comments from City staff on the quantitative analysis and fee schedules, prepare administrative draft report. Following one (1) round of comments on administrative draft, prepare public draft for presentation to interested parties, the public and elected officials. This public review draft will be presented and public stakeholder meetings and at a Council informational session.

Prepare final report, if necessary, based on comments received on the public draft report. If requested, post the report on our website for public access. Note that as of January 2022, the Nexus study is adopted separately from the fees, and with a 30-day notice.

Fees will be calculating residential land uses in compliance with AB 602.

Provide legal counsel with copies of fee resolutions and ordinances used by other jurisdictions.

Deliverables: If necessary, we will provide up to two (2) bound copies of the draft report, one (1) unbound copy, one (1) Microsoft Word copy; and up to two (2) bound copies of the final report.

Task 8: Prepare Impact Fee Schedule Calculation Tool
Objective: Provide interactive tool that will ensure predictable and intuitive fees that are easily accessible and understandable to customers interested in calculating fees on their own for a particular type of project.

Description: Create impact fee calculator in Microsoft Excel that can be used by City staff and developers to calculate impact fees associated with a development project. The tool will have an input page that allows a user to identify project characteristics that drive the fee calculation. Results will be displayed by impact fee category and will be summarized in terms of the total amount due.

Deliverables: Microsoft Excel impact fee calculator model.

Task 9: Meetings
Objective: The project manager or other necessary Willdan staff will attend project meetings. A member of the Impact Fee project team will attend up to four (4) in-person meetings and presentations throughout the City’s engagement. Phone conferences are not considered meetings for the purposes of this scope.

Optional: Optional stakeholder and Council meetings may be requested by the City. 28 of 349
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Staff Support
To complete our tasks, we will need the cooperation of City of Cotati staff. We suggest that the City assign a key individual to represent the City as the project manager who can function as our primary contact. We anticipate that the City’s project manager will:
▪ Coordinate responses to requests for information;
▪ Coordinate review of work products; and
▪ Help resolve policy issues.

Willdan will rely on the validity and accuracy of the City’s data and documentation to complete the analysis. Willdan will rely on the data as being accurate without performing an independent verification of accuracy and will not be responsible for any errors that result from inaccurate data provided by the client or a third party.

Project Disclaimer
The City of Cotati further represents, acknowledges, and agrees that:
(i) The City uses the services of one or more municipal advisors registered with the U.S. Securities and Exchange Commission (“SEC”) to advise it in connection with municipal financial products and the issuance of municipal securities;
(ii) The City is not looking to Willdan to provide, and City shall not otherwise request or require Willdan to provide, any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or recommendations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues);
(iii) The provisions of this proposal and the services to be provided hereunder as outlined in the scope of services are not intended (and shall not be construed) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations adopted thereunder;
(iv) For the avoidance of doubt and without limiting the foregoing, in connection with any revenue projections, cashflow analyses, feasibility studies and/or other analyses Willdan may provide the City with respect to financial, economic or other matters relating to a prospective, new or existing issuance of municipal securities of the City, (A) any such projections, studies and analyses shall be based upon assumptions, opinions or views (including, without limitation, any assumptions related to revenue growth) established by the City, in conjunction with such of its municipal, financial, legal and other advisers as it deems appropriate; and (B) under no circumstances shall Willdan be asked to provide, nor shall it provide, any advice or recommendations or subjective assumptions, opinions or views with respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect to any municipal financial products or municipal securities issuances, including any revisions or amendments thereto; and
(v) Notwithstanding all of the foregoing, the City recognizes that interpretive guidance regarding municipal advisory activities is currently quite limited and is likely to evolve and develop during the term of the potential engagement and, to that end, the City will work with Willdan throughout the term of the potential Agreement to ensure that the Agreement and the services to be provided by Willdan hereunder, is interpreted by the parties, and if necessary amended, in a manner intended to ensure that the City is not asking Willdan to provide, and Willdan is not in fact providing or required to provide, any municipal advisory services. 29 of 349
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Project Schedule
Willdan anticipates time is of the essence for the City to begin this engagement. Typically, an impact fee study requires approximately six to seven months from notice to proceed to adoption. The proposed schedule can only be met with the cooperation of City staff. Delays in responding to our requests for data and review will result in corresponding delays to the project schedule. If that is the case, we will notify the City immediately of the possible impact on the schedule.

Scope of Services 1 8 15 22 29 5 12 19 26 2 9 16 23 30 7 14 21 28 1 15 22 29 2 9 16 23 30 Task 1: Identify & Consider Fee Categories & Policy Issues z1 Task 2: Identify Existing Development and Future Growth z2 Task 3: Determine Facility Standards z3
Task 4: Determine Facilities Needs and Costs z4
Task 5: Identify Funding and Financing Alternatives z5
Task 6: Fee Comparison
Task 7: Calculate Fees and Prepare Report z6
Task 8: Prepare Impact Fee Schedule Calculation Tool
Task 9: Meetings z7
Deliverables:
z2: Development Growth Projections (table format) z6: Draft Fee Tables & Text z3: Project List z7: Administrative/Public Draft Report(s), Final Nexus Report, Slide Presentation z1: Information Request, Meeting Agenda, Revised
Schedule, Summary of Policy Decisions
z4: Cost Estimates for Identified Facilities
z5: Fee Comparison
City of Cotati
Development Impact Fee Study
Project Schedule
July August September October November December
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Quality Control Procedures
Project Management Approach
At Willdan, we utilize a Project Management Process/Approach that ensures projects are completed on time, within budget and most importantly yield results that match our clients’ expectations. We will document discussions leading to important policy decisions and/or the choice of critical assumptions used in constructing the analysis and model.

Following key stakeholder discussions, we will schedule a call to summarize findings and direction with City staff, to make certain that we are in agreement with stated objectives, and that feedback is incorporated as appropriate.

Through the process of providing regular updates and conducting status conference calls, potential issues will be highlighted, discussed, and resolved. Any deviances from the project timeline will be identified and plans will be developed for course corrections. If necessary, changes in approach or strategy will be discussed with City staff, to meet the needs of the City of Cotati. In doing this, we will ensure the project stays on track and evolves, based upon current thinking and outside dynamics.

Project Management
Define the
Project
Plan
the Project
Manage
the Project
Review the
Project
Communicate
the Project
▪ Identify the project
scope, set
objectives, list
potential
constraints,
document
assumptions.
▪ Define a course of
action and develop
an effective
communication
plan.
▪ Provide a forum for
applying the team’s
collective expertise
to solving difficult
analytical issues
that arise in
complex projects.
▪ Collaborate with
the project team
and client staff and
agree upon timeline
to meet the
estimated project
timeline.
▪ Assign workload
functions to
appropriately
qualified staff to
ensure milestones
are met, on time.
▪ Pre-schedule
quality control
meetings with
project team to
maintain the
progressive motion
of the project.
▪ Manage the
execution of the
project.
▪ Direct existing and
upcoming project
tasks.
▪ Control and
monitor work in
progress.
▪ Provide feedback
to client and
project team.
▪ Identify and
resolve deviances
from project
timeline.
▪ Review all work
product and
deliverables.
▪ Utilize structured
quality assurance
process involving
up to three levels
of review at the
peer level, project
manager level.
▪ Procure executive
officer level
review.
▪ Communicate with
the client regarding
work status and
progress.
▪ Ensure client is in
receipt of regular
status updates.
▪ Schedule regular
conference calls to
touch base.
▪ Inform client of
roadblocks, work
outside of projected
scope.
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Quality Assurance / Quality Control Process
Our quality control program is incorporated as a required element of Willdan’s day-to-day activities. There are three levels of reviews incorporated for our deliverables:
1) Peer review;
2) Project Manager review; and
3) Final quality assurance
manager review.

Peer reviews involve one analyst
reviewing the work of another,
while project manager reviews
are conducted prior to delivery to
the quality assurance manager.

The quality assurance manager
then performs a final review. This
assures that our final product has
been thoroughly evaluated for
potential errors; thus, providing
quality client deliverables, and
high levels of integrity and outcomes.

The primary mission of our quality control plan is to provide staff with the technical and managerial expertise to plan, organize, implement, and control the overall quality effort, thereby ensuring the completion of a quality project within the time and budget established.

Quality Assurance Goals
Goal Lead Task
Quality Assurance /
Control Process James Edison
▪ Establish a set of planned and systematic actions for maintaining a high level of quality in the professional services performed;
▪ Emphasize quality in every phase of work;
▪ Ensure efficient use of resources;
▪ Establish a consistent and uniform approach to the services performed; and
▪ Implement appropriate quality control measures for each work task of the project.

Quality Control Plan James Edison &
Carlos Villareal
▪ Contract deliverables;
▪ Specific quality control procedures;
▪ Special quality control emphasis;
▪ Budget and manpower requirements;
▪ Overall project schedule and budget; and
▪ Project documentation requirements.
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Qualifications and Experience
Firm Profile
Willdan Financial Services is an operating division
within Willdan Group, Inc. (WGI), which was
founded in 1964 as an engineering firm working
with local governments. Today, WGI is a publicly
traded company (WLDN). WGI, through its
divisions, provides professional technical and
consulting services that ensure the quality, value
and security of our nation’s infrastructure,
systems, facilities, and environment. The firm has
pursued two primary service objectives since its
inception—ensuring the success of its clients and
enhancing its surrounding communities.

A financially stable company, Willdan has
approximately 1,600 employees working in more
than a dozen states across the U.S. Our
employees include a number of nationally
recognized Subject Matter Experts for all areas
related to the broadest definition of connected
communities—including a team who will be
committed to contribute their expertise
throughout the duration of the City of Cotati’s
Comprehensive Development Impact Fee
Study engagement.

Willdan has solved economic, engineering and energy challenges for local communities and delivered industryleading solutions that have transformed government and commerce. Today, we are leading our clients into a future accelerated by a change in resources, infrastructure, technology, regulations, and industry trends.

Willdan Financial Services
Established on June 24, 1988, Willdan Financial Services is a California Corporation and a national firm. Since that time, we have helped over 800 public agencies successfully address a broad range of infrastructure challenges.

Our staff of over 80 professionals support our clients by conducting year-round workshops and on-site training to assist them in keeping current with the latest developments in our areas of expertise.

Willdan assists local public agencies by providing the following services:

Willdan Financial Services
Services
▪ Development impact fee establishment and
analysis;
▪ Cost allocation studies;
▪ Utility rate and cost of service studies;
▪ Real estate economic analysis;
▪ Feasibility studies;
▪ Municipal Advisory;
▪ Arbitrage and Continuing Disclosure Services;
▪ Economic development strategic plans;
▪ User fee studies;
▪ District Administration Services;
▪ Property tax audits;
▪ Tax increment finance district formation and
amendment;
▪ Housing development and implementation
strategies;
▪ Debt issuance support; and
▪ Long-term financial plans and cash flow modeling.
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Experience and Expertise
Willdan has been preparing impact fee nexus studies
since the passage of the Mitigation Fee Act. Our
commitment to public agencies and public solutions has
helped us develop the broad finance expertise that will be utilized to support the City’s Development Impact Fee Study. Willdan has worked on virtually every aspect of
municipal finance, including fiscal and economic impact studies related to development and re-organization, the financing of infrastructure and services through special district or supplemental taxes, and even working under
contract as a department head of an entire municipality.

This experience has provided Willdan team members
with deep insight into the sources of municipal revenue and the costs of services.

Managing Principal James A. Edison and his team have
worked with public agencies on many community
development projects, including the full range of analysis related to feasibility, economic and fiscal impacts,
infrastructure finance, and negotiations with private
developers. Willdan is thoroughly familiar with both the Act and with the technical and policy issues surrounding impact fees.

Unique Qualifications
Willdan is uniquely qualified to assist the City of Cotati with the proposed Development Impact Fee Study. The following are specific advantages that we will provide for the proposed engagement.

Project Dedication
Willdan has assembled a project team of subject matter experts within the Financial Consulting Services group, to conduct the City of Cotati Development Impact Fee Study engagement. This team has coordinated or participated in numerous public stakeholder and staff workshops regarding fees and cost of service-based charges.

Community Investment
Much of our success in developing impactful programs and studies is due to our experiences in meeting with citizen / stakeholder groups and elected officials. Our ability to explain technical information in a concise, understandable manner is a fundamental reason for our high degree of success. Willdan staff takes the time to include and inform the Community.

Proven Professionals
The Team’s quality is often as important as the consulting firm’s reputation. Willdan is known for its personal,
customized service. Our team will work with the City’s
professional staff to provide the long‐term service, that is our prime goal.

The team presented within this proposal has
worked collectively on numerous projects, such
as the one requested by the City of Cotati; an
established work practice between the team
members has been forged, this proven longstanding system has benefited our clients.

In the past five years Willdan has conducted
over 125 Impact Fee Studies
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References
Provided below are client references for projects completed by Willdan and the project team members proposed herein, which demonstrates our ability to provide the requested services. We are proud of our reputation for customer service and encourage you to contact our past clients regarding our commitment to excellence.

City of Pismo Beach, CA
Development Impact Fee Study
Willdan assisted the City of Pismo Beach with an update to their impact fee program. The program included the following facilities: police, fire protection, park and recreation improvements, water system improvements, wastewater, traffic, and general government/administrative facilities. This project was warranted due to the amount of time that had elapsed since the prior update, coupled with the adoption of new and revised public facility master plans that complemented the updated impact fees.

Prior to fee program adoption, Willdan held a stakeholder meeting to inform the public about the project, and to solicit feedback from the development community.

Client Contact: Nadia Feeser, Administrative Services Director 760 Mattie Road, Pismo Beach, CA 93449
Tel #: (805) 773-7010 | Email: [email protected]
City of Fremont, CA
Comprehensive Impact Fee Update
Willdan’s impact fee staff has a long-standing relationship with the City of Fremont. In 2014/2015, Willdan successfully updated their impact fee programs, which included an update of the City’s transportation impact fee program and capital improvement program. The City retained Willdan again in 2020 to update their impact fee program and the project was completed during the second quarter of 2021.

Client Contact: Michelle Silva-Salinas, Public Works Business Manager 3300 Capitol Avenue, Fremont, CA 94538
Tel #: (510) 979-5705 | Email: [email protected] Town of Windsor, CA
Drainage Impact Fee Study
Willdan was retained to perform a comprehensive update to the City’s impact fee program in 2018. Windsor encompasses a little over 7 square miles and is approximately 20 miles east of the Pacific Ocean. All of the Town’s storm drains discharge into creeks that ultimately drain into the Russian River. The Town was seeking the assistance of a professional consultant to update the existing Capital Improvement Plan (CIP) and the impact fee study specific to the storm drainage system.

This study also included a burden/nexus analysis of new development, including a comparison of impact fees with surrounding and comparable jurisdictions.

Client Contact: Sandi Potter, PG, CEG, Deputy Director of Water & Environmental Management 8400 Windsor Road, Windsor, California 95492
Tel #: (707) 838-5329 | Email: [email protected] 35 of 349
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Recent Studies
The following table lists Willdan’s development impact fee clientele that have utilized our services in the past five years.

Willdan Financial Services
Development Impact Fee Experience
Partial Client List
City of Alameda, CA City of Parkland, FL
City of Antioch, CA City of Petaluma, CA
City of Arcadia, CA City of Pismo Beach, CA
City of Artesia, CA City of Pittsburg, CA
City of Bakersfield, CA City of Pleasant Hill, CA
City of Banning, CA City of Pomona, CA
City of Bell Gardens, CA City of Rancho Mirage, CA
City of Bellflower, CA City of Redwood City, CA
City of Brea, CA City of Rialto, CA
City of Calexico, CA City of Richmond, CA
City of Calimesa, CA City of Rio Rancho, NM
City of Carpinteria, CA City of Riverbank, CA
City of Chino Hills, CA City of Rolling Hills Estates, CA City of Clovis, CA City of Rosemead, CA
City of Coachella, CA City of San Carlos, CA
City of Commerce, CA City of San Fernando, CA
City of Compton, CA City of San Jacinto, CA
City of Corona, CA City of San Marcos, CA
City of Covina, CA City of San Ramon, CA
City of Cudahy, CA City of Santa Clara, CA
City of Dixon, CA City of Sebastopol, CA
City of Dublin, CA City of Selma, CA
City of El Monte, CA City of Sierra Madre, CA
City of El Segundo, CA City of Soledad, CA
City of Emeryville, CA City of South Gate, CA
City of Fillmore, CA City of South San Francisco, CA
City of Fountain Valley, CA City of St. Helena, CA
City of Fremont, CA City of Tehachapi, CA
City of Garden Grove, CA City of Thousand Oaks, CA
City of Gilroy, CA City of Tracy, CA
City of Gonzales, CA City of Upland, CA
City of Goose Creek, SC City of Visalia, CA
City of Guadalupe, CA City of Wasco, CA
City of Greenfield, CA Coachella Valley Association of Governments, CA 36 of 349 Development Impact Fee Study 16
City of Cotati, CA
Willdan Financial Services
Development Impact Fee Experience
Partial Client List
City of Grover Beach, CA Contra Costa Fire Protection District, CA City of Hawthorne, CA County of Clay, FL
City of Healdsburg, CA County of Kern, CA
City of Hercules, CA County of Kings, CA
City of Hollister, CA County of Los Angeles, CA
City of Huntington Beach, CA County of Madera, CA
City of Huntington Park, CA County of Merced, CA
City of Indian Wells, CA County of Placer, CA
City of Irwindale, CA County of Riverside, CA
City of Kingsburg, CA County of Sacramento, CA
City of La Mesa, CA County of San Benito, CA
City of La Verne, CA County of San Diego, CA
City of Las Cruces, NM County of San Joaquin, CA
City of Lake Elsinore, CA County of San Luis Obispo, CA City of Lake Forest, CA County of Santa Barbara, CA
City of Lancaster, CA County of Solano, CA
City of Lawndale, CA County of Sonoma, CA
City of Livermore, CA County of Stanislaus, CA
City of Long Beach, CA County of Tulare, CA
City of McFarland, CA County of Yolo, CA
City of Madera, CA East Contra Costa Fire Protection District, CA City of Manteca, CA Kern Council of Governments, CA
City of Menifee, CA Nevada County Consolidated Fire District, CA City of Moreno Valley, CA Rodeo-Hercules Fire Protection District, CA City of Morgan Hill, CA San Gorgonio Memorial Healthcare District, CA City of Mountain View, CA Stanislaus Council of Governments, CA City of Murrieta, CA Tehachapi Valley Rec. & Park District, CA City of Newport Beach, CA Town of Mead, CO
City of Oroville, CA Town of Windsor, CA
City of Pacifica, CA Tulare County Association of Governments, CA City of Patterson, CA Village of Taos Ski Valley, NM
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Project Team
Our management and supervision philosophy for the project team is very simple: staff every position in sufficient numbers with experienced personnel to deliver a superior product and convey results to decision makers in meetings, on time and on budget.

With that philosophy in mind, we have selected experienced professionals for the City’s engagement. We are confident that our team possesses the depth of experience that will successfully fulfill the desired work performance.

Key Staff Members
City of Cotati
Project Team
Key Team Member Project Role Responsibility to the Engagement James Edison, JD, MPP
Managing Principal Principal-in-Charge
▪ Ensure client satisfaction, flow of communication,
and management of the project
▪ Technical guidance
▪ Project oversight
▪ Quality assurance & control, and
▪ Meeting and presentation attendance
Carlos Villarreal, MPP
Principal Consultant
Project Manager
▪ Collect, interpret, and disseminate key data
▪ Day to day contact
▪ Production of key elements of the analyses
▪ Model development
▪ Report preparation, and
▪ Meeting and presentation attendance
Project Availability
Willdan’s Financial Consulting Services group is composed of a team of over 20 senior-level professional consultants.

While each member of the project team currently has work in progress with other clients, the workload is at a manageable level with sufficient capacity to meet the needs of the City specific to the schedule and budget for this engagement.

Resumes
Resumes for Willdan’s project team are presented on the following pages. 38 of 349
Development Impact Fee Study 18
City of Cotati, CA
Education
Juris Doctorate,
University of
California, Berkeley,
School of Law
Master of Public
Policy, Goldman
School of Public
Policy, University of
California, Berkeley
Bachelor of Arts,
magna cum laude,
Harvard University
Professional
Registrations
Member of State Bar,
California
Affiliations
Council of
Development Finance
Agencies
CFA Society of
San Francisco
Congress for the
New Urbanism
Urban Land Institute
Seaside Institute
International Economic
Development Council
26 Years’ Experience
James Edison, JD, MPP
Principal-in-Charge
Mr. James Edison specializes in the nexus between public and private, with expertise in publicprivate partnerships, and the benefits of economic development to municipalities and state, provincial, regional, and national governments. He possesses deep expertise in land use economics, with a specialty in finance and implementation, including fiscal impact and the public and private financing of infrastructure and development projects, both in the U.S. and internationally. Mr. Edison’s public-sector experience includes local and regional economic impact studies; fiscal impact evaluations; new government formation strategies; and the creation of impact fees, assessments, and special taxes to fund infrastructure and public facilities. He has conducted numerous evaluations of the economic and fiscal impact of specific plans and consulted on a wide variety of land use planning topics related to community revitalization and the economic and fiscal impacts of development.

As a former bond attorney, Mr. Edison understands the legal underpinnings and technical requirements of public financing instruments and has advised both public and private clients on the use of individual instruments, and the interaction between those instruments and the needs of developers and project finance.

Related Experience
City of Pismo Beach, CA – Development Impact Fee Update: Mr. Edison served in the role of principal-in-charge of an update to the City’s impact fee program. The program included the following facilities: police, fire protection, park and recreation improvements, water system improvements, wastewater, traffic, and general government/administrative facilities. Prior to fee program adoption, a stakeholder meeting was held to inform the public about the project, and to solicit feedback from the development community.

City of Morgan Hill, CA – Development Impact Fee Update: Mr. Edison served as principalin-charge of an update to the City’s existing nexus study, which included general government, fire, police, parks and recreation, library, and storm drain fee categories. The project scope included stakeholder outreach.

City of Alameda, CA – Comprehensive Impact Fee Update: Mr. Edison led the Willdan team that updated the City of Alameda’s impact fee programs, as well as created a separate impact fee program for Alameda Point, the former Alameda Naval Air Station.

City of Santa Clara, CA – Parks Fee Update: Mr. Edison served as principal-in-charge of the City’s park impact fee update. This project included a demographic analysis and estimation of the cost of acquiring and improving public park land.

City of Cudahy, CA – Development Impact Fee Study: Mr. Edison led the Willdan team that helped the City analyze impact fees needed to support future development in the City of Cudahy through buildout of the City’s General Plan.

City of Fillmore, CA – North Fillmore Specific Plan Nexus Study: Mr. Edison is currently assisting the City with an analysis of development impact fees needed to finance public facilities necessary for the development of the North Filmore Specific Plan. Public facilities included in this analysis include water, sewer systems, recycled water, and streets.

County of Riverside, CA – Comprehensive Impact Fee Update: Mr. Edison led the effort to establish a comprehensive fee program for the County, including facilities fees for fire, police, parks, criminal justice, libraries, and traffic. He prepared the technical and analytical documents necessary to calculate the fee and establish the necessary nexus to collect it, as well as presenting the fees during public hearings to the County Board of Supervisors. Furthermore, Mr.

Edison is currently leading an update to the County’s development impact fees for 2030.

City of Murrieta, CA – Master Facilities Plan and Development Impact Fee Calculation Report Update: Mr. Edison served as the principal-in-charge of the City’s study to update their Master Facilities Plan and Development Impact Fee Calculation Report, to ensure that new development pays the capital costs associated with growth. 39 of 349 Development Impact Fee Study 19
City of Cotati, CA
Education
Master of Public
Policy, Goldman
School of Public
Policy, University of
California, Berkeley
Bachelor of Arts,
Geography, University
of California, Los
Angeles; Minor in
Public Policy and
Urban Planning
Areas of Expertise
Fiscal Impact Analyses
Development Impact
Fees
Public Facilities
Financing Plans
GIS Analysis
18 Years’ Experience
Carlos Villarreal, MPP
Project Manager
Mr. Carlos Villarreal, a Financial Consulting Group Principal Consultant, is proposed to serve in the role of project manager due to his experience documenting nexus findings for development impact fees, preparing capital improvement plans, facilitating stakeholder involvement, and analyzing the economic impacts of fee programs. He has supported adoption of fee programs funding a variety of facility types.

Related Experience
City of McFarland, CA – Impact Fee Study Update: Mr. Villarreal served as project manager updating the City’s development impact fee program. The study comprehensively updated the City’s fee program, incorporating new facility master planning and infrastructure costs necessary to facilitate expected development in the City through 2040. The study included the following facility fee categories; general government, law enforcement, park and recreation, fire protection, water, sewer, storm drain, and traffic. The fees were adopted by the City Council in 2020.

County of San Benito, CA – Comprehensive Impact Fee Study: As project manager, Mr.

Villarreal assisted the County with the preparation of an updated and expanded impact fee program. The study included updates to the following fees: capital improvements, road equipment, fire mitigation, and park and recreation.

City of Soledad, CA – Development Impact Fee Study Update: Mr. Villarreal managed the update of the City’s impact fee program, specifically changes in demographics, growth projections, project costs, and facility standards. In particular, the City had to revise its capital facilities needs to accommodate a much lower amount of growth than what was projected before 2007. The resulting fees funded new development’s share of planned facilities, while not overburdening development with unnecessary costs.

City of Morgan Hill, CA – Development Impact Fee Update: Mr. Villarreal served as lead analyst assisting with an update to the City’s existing nexus study, including general government, fire, police, parks and recreation, library, and storm drain fee categories. The project scope included stakeholder outreach. The City engaged Willdan again to update the study and Mr.

Villarreal served in the role of project manager.

City of Cudahy, CA – Development Impact Fee Study: Mr. Villarreal served as project manager to help the City analyze impact fees needed to support future development in the City of Cudahy through buildout of the City’s General Plan.

City of Pismo Beach, CA – Development Impact Fee Update: Mr. Villarreal served in the role of project manager for the City’s impact fee project. The program included: police, fire protection, park and recreation improvements, water system improvements, wastewater, traffic, and general government/administrative facilities. Prior to fee program adoption, a stakeholder meeting was held to inform the public about the project, and to solicit feedback from the development community.

City of Carpinteria, CA – Development Impact Fee Update: Mr. Villarreal served in the role of lead analyst to update the City of Carpinteria’s impact fees, which included highways and bridges, streets and thoroughfares, traffic control, parking, storm drain, general government, aquatic, park and recreation, and open space. The City has engaged Willdan again to update their impact fees and Mr. Villarreal is serving in the role of project manager.

County of Riverside, CA – Comprehensive Impact Fee Update: Mr. Villarreal served as the lead analyst in the effort to establish a comprehensive fee program for the County, including facilities fees for fire, police, parks, criminal justice, libraries, and traffic. He assisted in the preparation of the technical and analytical documents necessary to calculate the fees and establish the necessary nexus. Mr. Villarreal is once again serving on the project team to update the County’s impact fees through 2030.
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City of Cotati, CA
Cost Schedule
Development Impact Fee Study
Based upon the scope of work identified herein, Willdan proposes a not-to-exceed fixed fee of $42,000 for the City’s Development Impact Fee Study. This fee includes updates to existing fees and up to four new categories. The table below provides a breakdown of the proposed fee by task and team member.

Notes
Please note the following:
▪ The fee denoted above includes attendance at up to four in-person meetings with City staff, stakeholders, and City Council.

Attendance at more than four meetings and/or presentations will be billed at our current hourly rates, provided below, and actual expenses.
▪ Comprehensive written responses to resolve conflicts or preparation of more than one set of major revisions to the draft report, will be classified as Additional Services, and may require additional billing at hourly rates stated in the hourly rate schedule listed below. These additional fees shall only take effect once the fixed fee stated above has been exceeded.
▪ Our fixed fee includes all direct expenses associated with the project. ▪ We will invoice the City monthly based on percentage of project completed. ▪ City shall reimburse Willdan for any costs Willdan incurs, including without limitation, copying costs, digitizing costs, travel expenses, employee time and attorneys' fees, to respond to the legal process of any governmental agency relating to City or relating to the project. Reimbursement shall be at Willdan 's rates in effect at the time of such response.
▪ Optional/Additional Services beyond the listed Scope of Services may be authorized by the City and will be billed at our then-current hourly overhead consulting rates. ▪ The fee mentioned above may be lower, should there be fewer additional fees.

J. Edison
Principal-in-Charge
C. Villarreal
Project Manager Total
$ 240 $ 210 Hours Cost
Scope of Services
Task 1: Identify & Consider Fee Categories & Policy Issues 8.0 12.0 20.0 $ 4,440 Task 2: Identify Existing Development and Future Growth 8.0 16.0 24.0 5,280 Task 3: Determine Facility Standards 8.0 16.0 24.0 5,280 Task 4: Determine Facilities Needs and Costs 4.0 16.0 20.0 4,320 Task 5: Identify Funding and Financing Alternatives 4.0 16.0 20.0 4,320 Task 6: Fee Comparison 4.0 16.0 20.0 4,320
Task 7: Calculate Fees and Prepare Report 6.0 16.0 22.0 4,800 Task 8: Impact Fee Schedule Calculation Tool 4.0 12.0 16.0 3,480 Task 9: Meetings 10.0 16.0 26.0 5,760
Total – Development Impact Fee Study 56.0 136.0 192.0 $ 42,000 City of Cotati
Development Impact Fee Study
Fee Proposal
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Hourly Rates
Provided below is Willdan’s hourly rate table identifying current hourly rates for additional or optional services.

Willdan Financial Services
Hourly Rate Schedule
Position Team Member Hourly Rate
Vice President/Director $250
Managing Principal James Edison $240
Principal Consultant Carlos Villarreal $210
Senior Project Manager $185
Project Manager $165
Senior Project Analyst $135
Senior Analyst $125
Analyst II $110
Analyst I $100
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66 Franklin Street, Suite 300,
Oakland, California 94607
800.755.6864 | Fax: 888.326.6864
www.willdan.com
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: ADOPTION OF AN ORDINANCE AMENDING CHAPTER 2.22

OF COTATI MUNICIPAL CODE ESTABLISHING

COMMUNITY-POLICE ADVISORY COMMITTEE
Date: July 9, 2024
Written by: Chris Simmons, Chief of Police
Recommendation
It is recommended that the Cotati City Council adopt an ordinance amending and restating in its entirety Chapter 2.22 of the Cotati Municipal Code to establish and define guidelines for a Community-Police Advisory Committee.

Background
Cotati City Councilmembers have expressed an interest in exploring additional forms of community involvement and oversight for the Cotati Police Department. Most notably, the reincorporation of some form of the currently dissolved/inactive Cotati Police Auxiliary Commission (Commission), as last outlined in Ordinance 638 and as currently defined in Chapter 2.22 of the Cotati Municipal Code, has been previously referenced at Council meetings.

This Commission has been inactive for almost thirty years.

Background information on the history of the then-Commission, regulations and policies currently governing and utilized by the Cotati Police Department, and types of oversight models that exist in other modern police agencies were detailed in the Cotati City Council Agenda Staff Report “Police Advisory and Oversight Options” submitted and presented to the City Council on May 28, 2024.

On June 11, 2024, the City Council held a duly noticed public hearing to consider the draft ordinance. Prior to introduction, the City Council requested various edits to the draft ordinance, which are shown in attached ordinance with redline/strikeout. The final version, with these edits accepted, is attached for adoption.
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Analysis/Discussion
On May 28, 2024, the Cotati Chief of Police provided a presentation to the City Council on transparency, accountability, and community partnerships, as well as current trainings, policies, and procedures utilized by the Cotati Police Department. The presentation culminated with an analysis of various police advisory and oversight models, including recommendations on the potential formation of a community-police advisory committee and what parameters might best be tailored for the Cotati Police Department.

As part of the May 28th presentation and staff report, the primary focus was on models that were advisory, as staff believed these models were more likely to be feasible in the context of limited staffing and resources. It was proposed that the City Council consider the following recommendations:

Community-Police Advisory Group
• Advisory only. No delegated investigatory or budget authority. • Duties. Development of community policing concepts, increasing public awareness, and addressing police/community relations regarding the public safety of the entire community. Detailed discussions, as permitted by law, to consist of:
o Notable Crime Trends, enforcement initiatives
o Use of Force – Statistics, types, summaries, reasons
o Complaints – Statistics, allegations, summaries, findings/outcomes o Notable Community events & Engagements, receive input/suggestions on ways to better engage with the community and provide assistance. o Arrest & Crime Statistics – summaries of notable incidents/contacts o Trainings
o Participation in interview panels for the Police Chief • Membership
o 5 members. Required to be a Cotati resident or Cotati business owner in good standing. Encourage members to be diverse: business community, resident, faithbased community, gender, race. o Selection by application and interview panel. The interview panel could consist of one or two councilmembers, city manager and police chief. o 2-year terms, with staggered initial terms. Removal by majority vote of City Council. Include provision for automatic resignation if member is unexcused for a defined number of meetings as well as a number of consecutive meetings. o Minimum requirements and training for commission members: ‘ride along” after selection, cannot be city employees or household, disqualification for felony conviction, crimes/incidents of moral turpitude, attorney involved in cases with law enforcement, involvement in criminal/civil cases with the City of Cotati. • Recommended Meeting Frequency
o Quarterly, with special meetings more often as needed. • Brown Act vs. Not Brown Act
o Committees created by a formal action of the legislative body (e.g.: City Council) is a Brown Act body, so this type of body is likely subject to the Brown Act. 45 of 349
o Brown Act meetings are public and noticed, with meeting minutes taken.

However, it is anticipated that members will not be required to provide financial disclosures to the FPPC or enroll in mandated trainings.

It was further recommended that this group report at least annually to the City Council on its activities.

Following these recommendations from staff, Councilmembers discussed specific desires for establishing a police advisory committee that generally followed the recommendations of staff, but also highlighted certain components that should potentially be modified or clarified, most notably to include the committee operating within the parameters of Brown Act meeting requirements. Other comments from Councilmembers included three-year staggered terms for committee members and panelists for selecting and appointing committee members be comprised of two councilmembers and the City Manager. The proposed ordinance reflects staff recommendations as well as the incorporation of Councilmembers’ discussions and comments that were distinct from the initial staff recommendations.

It is recommended that Councilmembers consider the attached proposed ordinance that restates and amends Chapter 2.22 of the Cotati Municipal Code in its entirety and establishes a PoliceCommunity Advisory Committee.

Once the ordinance is in effect, the City will begin recruitment for the committee, draft by-laws and set up the administrative support for a new Brown Act body.

Financial Considerations
As the City Council has directed staff to develop an ordinance for a police advisory group considerably similar to the staff recommendations, staff believe that this can be accommodated within the existing staffing and budget. Nevertheless, even this advisory committee will result in increased staff commitments that will not be available for other city operations or projects.

Expected staff time commitments include managing the advisory group, running meetings, increased data extraction, analysis, formatting, reporting, and presenting. Although the addition of the new records analyst position has greatly helped to streamline the process of mining and charting some limited data and information, the continuous mining of data and the analytics associated with providing enhanced details of such data, particularly if it expands over time, will have greater financial impacts in the future, potentially requiring additionally funded positions or designated funding streams to contract-out to those firms able to achieve more robust data reporting and analysis. Brown Act meetings will further generate additional staff commitments and expenses.

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, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline sections 15378 and 15061(b) (3).This action is exempt from the California 46 of 349
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, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline sections 15378 and 15061(b) (3).

Attachments:

Community-Police Advisory Committee Ordinance
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ORDINANCE NO.

ORDINANCE AMENDING CHAPTER 2.22 OF THE COTATI MUNICIPAL CODE IN

ITS ENTIRETY TO REPLACE THE COTATI POLICE AUXILIARY COMMISSION

WITH A COMMUNITY-POLICE ADVISORY COMMITTEE
WHEREAS, Ordinance 214 was adopted on February 18, 1975 establishing a Community-Police Advisory Commission, codified within Chapter 2.22 of the Cotati Municipal Code; and
WHEREAS, Chapter 2.22 was, thereafter, amended in 1987 (Ordinance 475) and again in 1995 (Ordinance 638) to re-define the roles of what ultimately became known as the Cotati Police Auxiliary Commission; and
WHEREAS, on May 24, 1995, the Cotati Police Auxiliary Commission was dissolved, with no similar advisory group in effect since that date; and WHEREAS, in discussions over recent years, the Cotati City Council has expressed a desire to re-establish an advisory committee with the Cotati Police Department in order to further enhance community and police relations; and
WHEREAS, on May 28, 2024, the Cotati Chief of Police provided a staff report and subsequent presentation and recommendations for a community-police advisory committee to the City Council; and
WHEREAS, on May 28, 2024, the Cotati City Council discussed and defined guidelines and parameters for the creation and establishment of a new Community-Police Advisory Committee.

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

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

SECTION 2: Amendments to Chapter 2.22 of the Cotati Municipal Code.

Chapter 2.22 of the Cotati Municipal Code is hereby retitled, amended and restated in its entirety to read as follows:

Chapter 2.22

COMMUNITY-POLICE ADVISORY COMMITTEE
Sections:

2.22.010 Created – Defined.

2.22.020 Purpose and objectives.

2.22.030 Membership and term of office.
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2.22.040 Committee Chairperson and Vice-Chairperson selection.

2.22.050 Meetings.

2.22.060 Removal from office.

2.22.070 Duties.

2.22.080 Staffing.

2.22.090 Qualifications.

2.22.010 Created – Defined.

This ordinance shall be known as the “Community-Police Advisory Committee Ordinance.” The Community-Police Advisory Committee is created and established. The term “Committee” shall refer to the Cotati Community-Police Advisory Committee. The police auxiliary commission is hereby dissolved.

2.22.020 Purpose and objectives.

The purpose and intent of the Committee is to serve as an advisory committee for the City Council to further community partnerships with the Cotati Police Department in a constructive way, provide an advisory forum for discussions between community group members and the Chief of Police, afford a platform for direct community feedback about public safety, and involve citizens in community based safety programs. as defined by the City Council, City Manager, and Chief of Police.

2.22.030 Membership and term of office
A. The Committee shall consist of five members, selected through an application process and interview panel comprised of two City Council members and the City Manager.

B. The term of each member shall be three years after the initial appointments. Of the five members initially appointed, two shall be for a term of two years and three shall be for a term of three years.

C. All terms of office shall commence of January 1st of the year of appointment. Any unexpected vacancies on the Committee shall be filled for the unexpired term in the same manner in which regular appointments are otherwise made.

2.22.040 Committee Chairperson and Vice-Chairperson selection.

The Chairperson of the Committee shall be elected by a majority vote of Committee members in January of each year. A Vice-Chairperson to serve in the absence of the Chairperson shall likewise be elected in January of each year.

2.22.050 Meetings
A. The Committee shall meet regularly and no less than once every quarter (once every three months throughout a calendar year). Meetings shall be held at City Hall in the City Council 49 of 349
chambers, unless otherwise authorized by the City Council. Special meetings of the Committee may be called by the Chairperson or three members of the Committee.

B. A majority of appointed Committee members shall constitute a quorum for any transaction of business that would require a vote.

C. The time and place of all Committee meetings shall be posted in advance, with meetings open to the public according to state law.

2.22.60 Removal from office
Any of the Committee members may be removed at any time by a majority vote of the City Council. If a member of the Committee does not attend two regular meetings in any twelvemonth period, his or her membership shall automatically be terminated. By a majority vote, the Committee may recommend to the City Council the removal of a committee member. His or her successor shall be appointed in the same manner in which regular appointments are otherwise made.

2.22.070 Duties
A. To act as a liaison between the community, the Cotati Police Department, the City Manager, and City Council
B. To assist in the development of community policing concepts that increase public awareness and address community-police relations regarding public safety.

C. To engage in discussions, as permitted by law, to include the following:
a. Arrest and crime statistics
b. Use of force statistics and summaries
c. Complaint statistics, allegations and findings/outcomes d. Notable crime trends and public safety initiatives
e. Notable community events and engagements
f. Giving and receiving input and suggestions on ways to better engage with the community
g. Police trainings
D. By majority vote, the Committee may make written recommendations to the Chief of Police.

D.E. To have the Chairperson or delegated Committee member appointed by the Chairperson participate in oral boards and/or panels for applicants to the positions of Chief of Police and Police Lieutenant.

E.F. Twice per year, Tto report annually to the City Council on the Committee’s activities and recommendations.

2.22.080 Staffing
A. All departments of the City, through the office of the City Manager, shall, when reasonably practicable and in accordance with law, furnish necessary existing public information and data, as well as provide technical assistance and advice as needed, to aid the Committee in the performance of their designated duties.

B. The City Manager shall provide or cause to be provided adequate staff to help maintain records for the Committee.

B.C. The Police Chief shall provide a written response to recommendations made by the Committee within 6 months.
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2.22.090 Qualifications
A. During the selection process for Committee members, City Council and the City Manager are encouraged to seek a diverse pool of applicants who reflect and represent multiple races, ethnicities, genders, orientations, backgrounds, and perspectives from the community. Committee members are required to be one of the following: a resident, a business owner with a physical address in Cotati, or the leader of faith-based or community organization with a physical address in Cotati. Committee members must be in good standing with the City, including no outstanding debts or judgments.

B. Applicants for the Committee will be required to submit to a criminal screening investigation conducted by the Cotati Police Department prior to appointment. Applicants who do not meet this requirement will not move forward in the process and be appointed to the committee.

C. Applicants and Committee members shall not have a history involving incidents of violence or moral turpitude, defined as one who engages in behavior, actions, and/or criminal conduct with the intent to deceive, defraud, or harm another person, or have been convicted of a felony.

D. Inquiries into a Committee member’s history may be made by the City Manager or their designee after appointment to ensure public safety.

E.D. Committee members shall not be city employees or members of an employee’s household, attorneys involved in cases with law enforcement, nor involved in any criminal, civil, or administrative cases with the City of Cotati or the Cotati Police Department.

F.E. Committee members shall participate in a “ride along” and training with the Cotati Police Department within (3) three months of appointment.

G.F. Committee members who do not meet the above requirements to serve on the committee shall be automatically removed.

SECTION 3: Compliance with the California Environmental Quality Act. This Ordinance is categorically exempt from environmental review pursuant to the California Environmental Quality Act (“CEQA”) Guidelines Sections 15061(b) (3) and 15378 in that neither the Ordinance nor its implementation could foreseeably have any significant effect on the environment.

SECTION 4: Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, section, word or part thereof is held to be illegal, unconstitutional or inapplicable to any person or circumstance, such illegality, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of this Ordinance or their applicability to other persons or circumstances.

SECTION 5: Judicial Review. The time within which judicial review must be sought is governed by California Government Code Section 65009.

SECTION 6: Posting. The City Clerk shall cause this ordinance to be published and/or posted within fifteen days after its adoption.

SECTION 7: Effective Date. This Ordinance shall take effect 30 days following its adoption. 51 of 349
IT IS HEREBY CERTIFIED that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Cotati held on June 25, 2024, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

IT IS HEREBY CERTIFIED that the foregoing ordinance was duly adopted at a regular meeting of the City Council of the City of Cotati held on July 9, 2024, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
______________________________
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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ORDINANCE NO.

ORDINANCE AMENDING CHAPTER 2.22 OF THE COTATI MUNICIPAL CODE IN

ITS ENTIRETY TO REPLACE THE COTATI POLICE AUXILIARY COMMISSION

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

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

SECTION 2: Amendments to Chapter 2.22 of the Cotati Municipal Code.

Chapter 2.22 of the Cotati Municipal Code is hereby retitled, amended and restated in its entirety to read as follows:

Chapter 2.22

COMMUNITY-POLICE ADVISORY COMMITTEE
Sections:

2.22.010 Created – Defined.

2.22.020 Purpose and objectives.

2.22.030 Membership and term of office.
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2.22.040 Committee Chairperson and Vice-Chairperson selection.

2.22.050 Meetings.

2.22.060 Removal from office.

2.22.070 Duties.

2.22.080 Staffing.

2.22.090 Qualifications.

2.22.010 Created – Defined.

2.22.020 Purpose and objectives.

2.22.040 Committee Chairperson and Vice-Chairperson selection.

2.22.050 Meetings
A. The Committee shall meet regularly and no less than once every quarter (once every three months throughout a calendar year). Meetings shall be held at City Hall in the City Council 54 of 349
chambers, unless otherwise authorized by the City Council. Special meetings of the Committee may be called by the Chairperson or three members of the Committee.

B. A majority of appointed Committee members shall constitute a quorum for any transaction of business that would require a vote.

C. The time and place of all Committee meetings shall be posted in advance, with meetings open to the public according to state law.

E. To have the Chairperson or delegated Committee member appointed by the Chairperson participate in oral boards and/or panels for applicants to the positions of Chief of Police and Police Lieutenant.

F. Twice per year, to report to the City Council on the Committee’s activities and recommendations.

B. The City Manager shall provide or cause to be provided adequate staff to help maintain records for the Committee.

C. The Police Chief shall provide a written response to recommendations made by the Committee within 6 months.
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B. Applicants for the Committee will be required to submit to a criminal screening prior to appointment. Applicants who do not meet this requirement will not move forward in the process and be appointed to the committee.

D. Committee members shall not be city employees or members of an employee’s household, attorneys involved in cases with law enforcement, nor involved in any criminal, civil, or administrative cases with the City of Cotati or the Cotati Police Department.

E. Committee members shall participate in a “ride along” and training with the Cotati Police Department within (3) three months of appointment.

F. Committee members who do not meet the above requirements to serve on the committee shall be automatically removed.

SECTION 5: Judicial Review. The time within which judicial review must be sought is governed by California Government Code Section 65009.

SECTION 6: Posting. The City Clerk shall cause this ordinance to be published and/or posted within fifteen days after its adoption.

SECTION 7: Effective Date. This Ordinance shall take effect 30 days following its adoption.

IT IS HEREBY CERTIFIED that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Cotati held on June 25, 2024, by the following vote, to wit:
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RESULT:

MOVER:

SECONDER:

AYES:

IT IS HEREBY CERTIFIED that the foregoing ordinance was duly adopted at a regular meeting of the City Council of the City of Cotati held on July 9, 2024, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
______________________________
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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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: ADOPTION OF A RESOLUTION APPROVING AN

ADDITIONAL DISCRETIONARY PAYMENT TO CALPERS

FOR THE PENSION UNFUNDED ACCRUED LIABILITY
Date: July 9, 2024
Written by: Angela Courter, Director of Administrative Services Recommendation
It is recommended that the City Council adopt a resolution authorizing an additional discretionary payment to CalPERS to remove negative amortization of the 2022 CalPERS losses.

Background
The City provides a defined-benefit pension to its retirees through the California Public Employees Retirement System (CalPERS) in lieu of a social security pension. Funding of CalPERS pensions relies on three sources: employee contributions, employer contributions, and investment returns. These three sources contribute to the City’s Market Value of Assets (MVA).

The MVA is then compared to the CalPERS actuarial determination of the Actuarial Accrued Liability (AAL) for all member agencies. The AAL is the actuarial projection of the total amount that CalPERS should currently have to cover promised benefits over time (accounting for anticipated investment earnings, expected future cost of living pay increases, future contributions of CalPERS members and member agencies, and various demographic assumptions such as life expectancy). If the AAL exceeds the MVA, the member agency’s “account” is in a deficit position and an Unfunded Accrued Liability (UAL) exists. With each new CalPERS actuarial update, CalPERS creates a new UAL “layer“, which either adds UAL or credits the UAL owed, largely depending on the investment returns for that year. For these long-term financial projections, CalPERS uses 6.8% as the assumed rate of return on investments, otherwise known as the ”discount rate”. If CalPERS over performs or under-performs this target, CalPERS will assign the loss or gain as additional UAL or a UAL credit in a layer for that year. If there is a loss, CalPERS will ramp up the full amortized payment for that loss over the first 5 years to 58 of 349
soften the impact to the agency. During that time, the payments do not cover the full cost, so the agency is paying interest on the interest until the end of the 5-year ramp, adding significant additional cost over the term of the amortized payments. To address this issue, the City adopted a policy to evaluate pre-paying the interest up front to avoid compounding interest as well as leveling the amortization schedule, which generally increases costs to the City in the first 5 years but lowers the payments over the remaining 15 years. The policy also set a minimum of 80% funding level for UAL, with a future target of 90% funded.

For the Fiscal Year Ending (FYE) June 30, 2021, CalPERS recorded investment earnings of

21.3% and therefore a credit actuarial base was added to the City’s pension plans, lowering the UAL balance. Subsequently for the FYE June 30, 2022, CalPERS reported an investment loss of 7% (net loss of 13.8% compared to the discount rate), adding back in new unfunded liability and increasing the UAL balance. For the FYE June 30, 2023, CalPERS has estimated investment earnings at 5.8%, which is less great than the target discount rate of 6.8%, which creates a new loss actuarial base and increased UAL balance. However, this loss is much smaller than the 2022 loss. For Fiscal Year 2023-24, as of May 31, 2024 the performance report showed 7.8% returns which would be earnings in excess of the discount rate. Staff will be obtaining the final actuarial reports and reporting to council on the adjusted basis and status of the City’s funded status later this year.

Historical Actions Taken to Address Increasing Costs
The City has taken several steps to address the CalPERS pension costs. These have included:
• Lower Benefit Tiers for Employees - Two new lower benefit tiers have been established with CalPERS:
o Tier 2 Employees hired in 2011-12 (depending on employee group) are required to pay the full employee contribution and have a lower retirement benefit. o Tier 3 was created in 2013 when the California Public Employees' Pension Reform Act (PEPRA) established a reduced tier of benefits for new CalPERS employees.
• Annual prepayments to CalPERS - Since FY2015/16 the City has prepaid the annual Unfunded Accrued Liability payment at the beginning of each fiscal year to save over 3% annually, rather than letting the interest accrue over the course of the fiscal year. • Unfunded Pension Liability Policy – Creation of this policy guides City actions to address the outstanding UAL owed by the City, as discussed briefly above. This policy also included the establishment of a Section 115 Trust. • UAL Refinancing - In January of 2022, the City Council approved a refinancing strategy to contribute approximately $6,000,000 (six million dollars) to pay down the UAL and invest in street rehabilitation. The contributions included borrowing approximately $4.0 million in the form of tax-exempt pension loan at 3.2% interest rate; as well as an additional $2.0 million cash contribution to CalPERS from reserves and on-going revenues.
• Additional Discretionary Payment of $335,463 in March 2024 to address first half of the negative amortization on the 2022 losses.

The payment schedule for the prior (paid March 2024) and the proposed ADPs are provided in 59 of 349
the table below for reference:

Analysis/Discussion
City staff reviewed the CalPERS actuarial reports as of June 30, 2022. The reports are based on a loss of 7% for fiscal year 2021/22 and a discount rate / projected return of 6.8% for FY (Fiscal Year) 2022/23 (total loss of 13.8%). With these reports, the City’s UAL has a combined underfunded balance of $6.7M, which equates to 84.4% funded. This is above the 80% minimum required for the Unfunded Pension Liability Policy, but under the target of 90% funded. Actuarial Adjustments Post June 30, 2022 - CalPERS recently announced a preliminary

5.8% investment return for the 12-month period ending on June 30, 2023, The City’s actuarial reports for this period are expected to be available to city staff by August 2024.

At the last UAL presentation to Council, staff recommending two processes to address the new layers of unfunded liability from further degrading the City’s funded level. The first recommendation was the removal of the negative amortization for the 5-year ramp period by applying an additional discretionary payment (ADP) to CalPERS to be applied to the appropriate basis of each plan. This additional ADP required a budget amendment for the current (FY 23-24) fiscal year approving the expenditure of $335,463. The second step, which has yet to be evaluated, would be to convert the new 2022 UAL bases from ramp-up to level amortization with CalPERS. If recommended, the City staff would coordinate this with CalPERS and Ridgeline directly to ensure this is applied only to the 2022 basis. Removing negative amortization and leveling the amortization on the 2022 basis is projected to save the City approximately $790,000 over the 20-year repayment period. If a similar strategy is employed for the 2023 loss, the plan is projected to save the City an additional $68,000, for a total savings of approximately $860,000. However, committing to leveling the amortization of the 2022 bases does have a real impact on current cash availability, so this must be balanced against operational and capital needs.
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With the adoption of the City budget and with the desire to continue to save additional City funds, staff are again requesting the approval of the remaining ADP of $335,463 for the 2022 losses.

Financial Considerations
Councils’ actions have allowed the City to meet the policy minimum requirements with a funded balance of 84.4%. Applying the strategy proposed would continue to maintain the City’s funded status within the policy objectives.

This proposed ADP for the current fiscal year does not require a budget amendment as it was included within the adopted budget for FY24/25. Future actions for applying additional discretionary payments to leveling the amortization of the UAL bases will be explored by staff and presented to City Council during an upcoming UAL Policy update report. Delaying this decision allows for direct analysis of the cost benefit against other competing budget demands.

Environmental Issues
The approval of an additional discretionary payment to CalPERS, where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 14.03.021 of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.
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RESOLUTION NO. (XX)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI

AUTHORIZING AN ADDITOONAL DISCRETIONARY PAYMENT

CONTRIBUTION TOWARDS CALPERS PLAN PENSION LIABILITIES
WHEREAS, the City has adopted a financial policy for unfunded pension liability requiring an Annual Review of the CalPERS Actuarial Valuation Reports and Associated Tasks; and
WHEREAS, on March 12, 2024, staff facilitated the annual review, and even though the funded status meets the minimum 80% funded ratio with a funding ration of 84.4% at Fiscal Year End (FYE) 2022 and City Council approved additional steps to address the CalPERS losses of 2022 by remitting an additional discretionary payment of $335,463 to fund the outstanding interest due on the 2022 UAL (Unfunded Actuarial Liability), as incurred for the period covering fiscal year 2022/23, and
WHEREAS, staff proposes to take additional steps to address the unfunded pension losses by funding and remitting an additional discretionary payment in the amount of $335,463 to fund the outstanding interest due on the 2022 UAL as incurred for the period covering fiscal year 2023/24, and
WHEREAS, the City adopted the Fiscal Year 2024/25 annual budget on June 25, 2024, which included funding within each of the General Fund, Water Fund and Sewer Funds to contribute toward each funds a proportionate share of the long-term liability.

WHEREAS, actions to address the re-amortization of the 2022 CalPERS base as well as the 2023 loss compared to the discount rate will be further examined upon completion of the 2023 actuarial reports and the presentation to Council on the funded status.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Cotati does hereby approve the following:

1. Authorize the transfer of one-time funds to CalPERS to be applied to the pension plans as outlined below and in the Ridgeline report dated 03/06/2024 FYE 2023 in Table 10 of the Pension Liability Update Report.
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2. Authorize the City Manager or their designee to sign any approvals to complete the transaction requirements to apply the payments to the outstanding interest balance due to the 2022 CalPERS loss in coordination with Ridgeline.

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 July 9, 2024, by the following vote, to wit:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: APPROVAL OF ANNUAL STORM WATER SUPPORT

SERVICES AGREEMENT
Date: July 9, 2024
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council approve by motion a professional services agreement with Stone Creek Environmental for Storm Water Support Services Background
The City is subject to the State’s Regional Water Quality Control Board’s Waste Discharge requirements Order Number R1 2015-30 for the operation and maintenance of its municipal separate storm sewer system (a.k.a. MS4 Permit). The Order’s requirements consists of multiple tasks and responsibilities including conducting water monitoring, public outreach, reporting requirements and enforcement authority to safeguard the natural waterways in and around the City from pollution. The State allows for permittees in the same region to combine efforts. The City works together with neighboring cities and the County to regionally address the stormwater permit requirements.

Analysis/Discussion
In FY23/24, a consultant for Cotati had attended the monthly MS4 Co-Permittee meetings, completed tasks required by that group, including the rotating duties of taking meeting minutes, creating and distributing the monthly agenda, and completing technical tasks as assigned. The proposed FY24/25 services have been significantly reduced as City Staff are now attending the meetings and performing the rotating member tasks. The consultant’s remaining tasks are to identify and complete tasks for the City to ensure our continued compliance with the MS4 permit requirements. Most notably, these tasks include assistance with compiling the Annual Storm Water Report and preparation of special work and monitoring plans, assisting with gaining Regional Board acceptance of these MS4 Permit required plans and municipal Staff training. 64 of 349
The current MS4 permit expired on July 9, 2020 and remains in effect, pending an updated permit from the North Coast Regional Water Quality Control Board. An anticipated requirement for the forthcoming MS4 Permit is for MS4 Permittees to develop an asset management program. This would be a significant undertaking and Task 1 of the Storm Water Proposal is to assist City Staff in planning for and implementing this permit requirement. The majority of the proposed fee is to provide support services. This includes cost recovery tasks for special inspections of new private developments to ensure compliance with the MS4 Permit, including the proper design and functioning of Low Impact Development features.

Colleen Hunt, owner of Stone Creek Consulting, is uniquely qualified to provide these services as she has experience with the drafting and implementation of the MS4 Permit. Colleen Hunt is a Certified Professional in Municipal Stormwater Management and brings direct regulatory compliance experience with municipal stormwater permit requirements. She has worked with dozens of municipal stormwater permittees during her time with the Regional Water Board and for the past three years as a consultant. Colleen Hunt has provided storm water assistance to the City since 2018.

Financial Considerations
The proposed fee has increased from last year’s amount of $38,680, to $49,000. This increase is to account for private development construction site inspections for which 100 percent of the cost is recovered through private development funds.

A total of $50,000 was included in the adopted FY24/25 budget in the storm water department account, therefore, no appropriation of funds is needed. Cost recovery efforts are not included in this total as those costs are charged to the respective deposit accounts.

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, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378
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Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
1 www.consultingstonecreek.com
Date: June 3, 2024
Mr. Craig Scott
City Engineer
City of Cotati
201 West Sierra Avenue
Cotati, CA 94931
Subject: Proposal for Storm Water Support Services, Fiscal Year 2024/2025 Dear Mr. Scott:

Stone Creek Environmental Consulting (Stone Creek) is pleased to present this proposal and fee estimate to provide stormwater support services to the City of Cotati (City). Colleen Hunt, owner, is a Certified Professional in Municipal Stormwater Management and brings direct regulatory compliance experience with municipal stormwater permit requirements. She has worked with dozens of municipal stormwater Permittees during her time with the Regional Water Board and for the past six years as a consultant. Colleen has been providing storm water assistance to the City since 2018.

The City is subject to requirements of the Regional Water Board’s Waste Discharge Requirements Order No. R1-2015-0030, National Pollutant Discharge Elimination System (NPDES) Permit No. CA0025054 for discharges from the Municipal Separate Storm Sewer System (MS4) (Permit). The Permit became effective January 6, 2016, and expired on January 5, 2021. The Permit is administratively extended until the Regional Water Board renews the Permit. The Regional Water Board anticipates that the Permit will be renewed in the 2024/2025 fiscal year, although the exact timing of the renewal has not been formally proposed. Until a new Permit is adopted, the City must continue to implement the requirements of the expired Permit.

The tasksin this proposal are to assist the City with the ongoing requirements of the expired Permit.

This includes:
• Construction Site Inspections
• Municipal Staff Training
• Annual Reporting
• Low Impact Development Maintenance
Additionally, the City will be subject to asset management requirements in the new permit.

Under this Scope of Work, Stone Creek will develop a strategy for preparing for asset management planning.

This proposal includes a scope of work to assist the City on these Permit requirements as outlined below.
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Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
2 www.consultingstonecreek.com
Scope of Work
Task 1. Asset Management Planning
Based on our understanding, all future municipal stormwater permits in the state of California will include some level of developing an asset management program. Draft permit language for asset management requirements includes the development of a program in four phases:
• Inventory and mapping
• Characteristics
• Level of service
• Maintenance and improvement planning
Implementing a storm drain infrastructure asset management program is a significant undertaking that requires substantial time and resources. While the exact requirements included in the permits are not yet known, it is clear that a full program will be included in the permits and will need to be incorporated into the City’s stormwater management plan. This task will assist the City with planning an approach and methodology for meeting future permit asset management requirements.

1. Review of existing data for each asset and determine the data gaps that will need to be filled to meet inventory mapping requirements and characterization of assets.

2. Review existing asset management software to determine if the software will adequately fulfill the level of service requirements.

Findings for the first two subsets of tasks will be summarized and presented in a Technical Memorandum (TM).

Task 1 Deliverables: Asset Management Data Gap Analysis TM; Asset Management Software Review TM
Task 2. Construction Site Inspections
Section VI.F4.e of the Permit requires the City to conduct routine inspections of active construction site projects which disturb one acre or more of land. Inspections are required to take place in September, after the first significant rain event, and monthly during the rainy season.

Under this task, we will assist the City with construction site inspections. This includes tracking the project inventory, conducting inspections, documenting inspection findings, providing recommendations to improve BMP management, and coordinating follow up with City staff.

Stone Creek will continue to use the 2NForm software platform to track construction site projects. Project budget includes direct costs such as mileage and 2NForm licensing fee. Direct hours for each project will be itemized individually enabling the City to recover those costs 67 of 349
Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
3 www.consultingstonecreek.com
directly from the project. We assume up to five active construction projects will be included for inspection under this scope of work.

Task 2. Deliverable: Electronic record of inspections.

Task 3. Municipal Staff Training
Section G.12. of the Permit requires the City to annually train staff whose interactions, jobs, and activities may affect stormwater quality. We will provide training on stormwater topics selected by the City. This may include illicit discharge, non-stormwater discharges, municipal activities BMP requirements, and/or integrated pest management. Training will be provided in-person at a location provided by the City.

Task 3. Deliverable: Stormwater training, including preparation of a PowerPoint presentation, training materials, and training documentation records.

Task 4. Annual Report
Section J of the Permit requires the City to submit an Annual Report for each fiscal year. The Annual Report for the 2023/2024 reporting period is due October 15, 2024. At the beginning of the new Permit term, the Regional Water Board developed an annual report template for Permittee use. The template provides a streamlined method for annual reporting. Completing the template satisfies the annual reporting requirements specified in Section J.

Under this task, we will assist the City with populating the template and gathering information needed for reporting. The City will need to complete sections of the report with data that is not readily available to us to adequately complete the report. The City will be responsible for submitting the final report to the Regional Water Board.

Schedule:

August 16, 2024 Staff to provide data to complete Annual Report September 15, 2024 Draft Annual Report submitted to the City for review October 1, 2024 City comments on the draft Annual Report due back to Stone Creek October 11, 2024 Stone Creek to provide the final Annual Report for submittal to the Regional Water Board
Assumptions:
• Schedule assumes the Agreement for this Scope of Work will be executed no later than August 1, 2024.
• City staff provides data to complete the Annual Report according to the schedule.

Task 4 Deliverable: Draft Annual Report; Final Annual Report 68 of 349
Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
4 www.consultingstonecreek.com
Task 5. Low Impact Development Maintenance Inspections
Permit Section VI.D.12. requires the City to track and inspect all new development and redevelopment projects with LID BMPs. Inspections are required to be conducted on a two-year cycle. Post-construction BMPs were last inspected in 2023 and are due again in 2025. Under this task, Stone Creek will assist the City with conducting the required LID inspections. This task will include inspecting LID BMPs to assess functionality, with particular attention to BMP maintenance including failure, invasive vegetation, health of desired vegetation and excessive mowing, vector risk, trash and debris, sediment clogging, improper modifications, solids removal, pump-out, and blockage. As specified in the Permit, inspections address LID BMPs that are in the public right of way or at locations that would not require entering private property.

Each inspection will be documented on an inspection checklist, which will include recommendations for follow-up, as applicable. A photo record of the BMPs will be provided as part of the inspection summary report.

Budget includes direct costs for mileage and 2NForm licensing fee and assumes inspections for up to six projects.

Task 5. Deliverable: Inspection summary reports.

Task 6. City Council and Planning Commission Presentations Under this task, Stone Creek will provide presentations to both the City Council and Planning Commission on the City’s stormwater management program. Presentations and topics will be determined following consultations with City staff.

Task 6. Deliverable: Two stormwater management presentations.

Task 7. Consulting Services
Throughout the duration of this contract, the City may identify additional tasks or areas where assistance is needed. This may include the need for consultation type services to discuss project requirements, advise on compliance options, review grading plans, review Low Impact Development plans, or provide other technical information. This task will be managed as an “oncall” task. The task will be used as needed, based on the City’s initiation of assistance with a task not already covered under this scope of work. Suggested on-call assistance may include:
• Education and outreach strategies
• Review of LID plans
• Russian River Pathogen TMDL planning
• Draft permit review assistance
• New permit implementation planning
• Trash Implementation Plan
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Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
5 www.consultingstonecreek.com
Task 7. Deliverable: TBD by client.

Task 8. Program Management
This task will include general project management tasks such as project schedule, managing budget, monthly invoicing, routine communications with City staff, meetings to report progress and discuss key recommendations and decisions.

Task 8. Deliverable: Invoices
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Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
6 www.consultingstonecreek.com
Fee Estimate and Level of Effort
The Scope of Work will be conducted as described above for an estimated not-to-exceed budget of $49,000. The estimated fee and associated level of effort are summarized below.

Task Level of Effort,
hours Estimated Fee, $
Task 1. Asset Management Planning 26 5,000
Task 2. Construction Site Inspections 10 3,000
Task 2a. Project #1 18 4,000
Task 2b. Project #2 18 4,000
Task 2c. Project #3 18 4,000
Task 2d. Project #4 18 4,000
Task 2e. Project #5 18 4,000
Task 3. Municipal Staff Training 12 2,500
Task 4. Annual Report 12 2,500
Task 5. LID Maintenance 24 7,500
Task 6. City Council and Planning
Commission Presentations
12 2,500
Task 7. On-call Consulting Services 16 3,500
Task 8. Project Management 12 2,500
Total 214 49,000
Billing rates for the estimate are provided below. Rates will be valid for the duration of the contract:

Classification 2024
Quality Assurance $305
Principal Compliance Specialist $275
Compliance Specialist II $193
Compliance Specialist I $174
Field Inspector $185
Intern $110
Administrative Assistance $110
Direct Costs Cost + 10%
Mileage Standard Federal Rate
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Stone Creek Environmental Consulting
8733 Lakewood Drive, Suite B
Windsor, CA 95492
[email protected]
707-318-9415
7 www.consultingstonecreek.com
Any services not included in this Scope of Work will be performed only after receiving written authorization and a corresponding budget augmentation from the City.

I am looking forward to working with you on this important work. Please feel free to contact me at 707-318-9415 or [email protected] if you have any questions or would like to discuss this proposal further.

Sincerely,
Colleen Hunt, CPMSM #343
Professional Consultant
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: APPROVAL OF 2024 COTATI ACCORDION FESTIVAL AND

ASSOCIATED STREET CLOSURES
Date: July 9, 2024
Written by: Ashley Wilson, Recreation Manager
Recommendation
It is recommended that the City Council adopt a resolution approving the 2024 Accordion Festival including the sale of alcoholic beverages on public property, amplified music, and the temporary closure of certain public streets.

Background
The Annual Cotati Accordion Festival is proposed for Saturday, August 17th, and Sunday, August 18th, 2024. The event coordinators are requesting permission to use La Plaza Park, including the bandstand with electricity, and the right-of-way surrounding the park. The event and the request to utilize City facilities are the same as prior years.

Cotati Accordion Festival, Inc. has submitted a completed City of Cotati Request for Use of Park Facilities application along with sufficient descriptions of the event.

Analysis/Discussion
La Plaza Park, as well as La Plaza Street and West Sierra Avenue adjacent to the park, would be closed from 10:00 a.m. Friday, August 16th through 10:00 a.m. Monday, August 19th. The event hours would be 9:30 a.m. to 8:00 p.m. both days, with live music played 9:45 a.m. to 8:00 p.m. each day.

The proposed traffic routing plan would be the same as that used over the past several years. La Plaza Street and West Sierra Avenue adjacent to the park would be closed and utilized for parking and event space. This traffic plan has reduced negative community impact by keeping Old Redwood Highway and East Cotati Avenue open throughout the event. The plan also allows 73 of 349
for parking on William Street, Olof Street, Henry Street and La Plaza Avenue between East Cotati Avenue and Old Redwood Highway and affects only one bus stop.

As in recent years, the City has been installing “No Parking” signs in the bicycle lanes on West Sierra Avenue from La Plaza Avenue to East School Street. This also ensures that bicycle lanes remain open for their designated use.

Exhibits attached to the resolution describe the street closures and parking restrictions necessary to allow for the orderly movement of vehicle and pedestrian traffic during street closures. All parking restriction signage will be put in place by the City at least twenty-four (24) hours in advance.

A Condition of Approval has been included which requires proof of adequate insurance and an approved permit from the California Department of Alcohol and Beverage Control to allow for the sale of beer and wine to be supplied to the City before the event.

Financial Considerations
Prior to 2020, the Accordion Festival paid fixed fees for use of the park and public street closures and have deposited monies to offset the costs of City staff time necessary for closing streets, noticing, clean-up, and general maintenance such as securing City equipment and locking/unlocking restrooms. For example, the total amount of fees and deposit approved by Council for the 2019 event was $2,600, which was a reduction from prior years by excluding the staff time needed to process the event application. From 2020-2022, this event had all fees waived as part of the City Council general park fee waivers due to COVID. The fees and deposit approved by Council in 2023 were $2,706, which was after at 50% fee waiver and waived staff costs of $6,387.50.

Below shows the fees associated with the permit and requests submitted by the applicant in accordance with the City Master Fee Schedule, as of the 2023 fee schedule.

Application Fee
$52
Street Closure Fee – Large w/traffic rerouting – Old Redwood Hwy $1,829
Street Closure Fee – Large w/traffic rerouting – West Sierra Ave $1,829
Street Closure Fee – Small – La Plaza
$731
Park Permit Fee
$834
Public Noticing – Traffic Notification Letter
$200
Total Fees: $5,475
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Refundable Deposit
$500
The applicant has requested waivers of all City fees and costs for this event. The Special Events and Park Permit Policy allows for non-profit groups to request a 50% fee waiver for fees associated with their event when no admission fees are charged. Although this event does charge admission fees, since the Council approved a 50% waiver of permit fees in 2023, staff are proposing to continue the 50% waiver for this year’s event. The event does bring visitation to the City and has potential to support local businesses.

Staff spends an average of 40 hours each year processing the application and for labor associated with setting up and taking down the street closures and rerouting traffic. The adopted fees are intended, on average, to cover the costs of performing these activities, but it is important to also understand the true costs. The estimated staff costs are shown below, which are proposed to be completely waived.

Recreation Staff – 5 hours
$530
Public Works Staff – 36.5
$6,643
Total Staff Costs
$7,183
The proposed fees to be collected would be a fee of $2,737.50 (50% of the total $5,475) and a $500 refundable deposit to be collected and returned following the event if no unusual damage occurs or extra staff time is needed to return the park to its original state.

Additionally, the Cotati Accordion Festival is designated as a City-sponsored event, which allows them to be considered as one of the ten (10) community events designated to receive free trash/recycling/compost service in 2024, as permitted under the City’s waste franchise agreement with Recology. As a City Sponsored Event, it is expected that the organizer will prominently feature the City of Cotati as an event sponsor on all advertising and marketing materials.

The net impact to the City’s General Fund is reduced revenue of $2,737.50 and absorbing the estimated staff costs of $7,183, for an estimated total donation of $9,920.50.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI
APPROVING THE 2024 ANNUAL COTATI ACCORDION FESTIVAL;

AUTHORIZING THE TEMPORARY CLOSURE OF CERTAIN STREETS, THE USE

OF AMPLIFIED LIVE ENTERTAINMENT AND THE SALES OF ALCOHOLIC

BEVERAGES IN LA PLAZA PARK
WHEREAS, the Cotati Accordion Festival submitted an application to the City for the Annual Cotati Accordion Festival scheduled for August 17th and 18th, 2024; and WHEREAS, California Vehicle Code Section 21101(e) authorizes temporary street closures if necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and
WHEREAS, it will be necessary to temporarily close certain streets, as described in the Exhibits attached to facilitate these events; and
WHEREAS the City Council finds that the closure is necessary for the safety and protection of persons who are to use that portion or portions of the street(s) during the temporary closing; and
WHEREAS, the Chief of Police of the City of Cotati shall arrange for temporary street closure and traffic rerouting, which will minimize the traffic hazard conditions and allow for orderly movement of traffic; and
WHEREAS, the Chief of Police shall contact the Rancho Adobe Fire Protection District, ambulance service providers, bus service providers, and others who may need ingress, egress, or the ability to traverse the affected area and will reasonably provide for their needs; and WHEREAS, the City Council finds that this event is part of a comprehensive community economic development strategy by the City of Cotati in that it increases visitation to the City, promotes the Cotati community and results in increased sales tax revenues; and WHEREAS, the existing Special Event and Park Policy, staff can provide non-profit events that do not charge admissions at 50% waiver of fees; and WHEREAS, the Accordion Festival is a non-profit but charges admission to attend, so is not eligible for the 50% waiver of fees under existing policy; and WHEREAS, in 2023, the City Council elected to provide a 50% waiver of fees; and WHEREAS, the City Council further finds that the health, safety, and welfare of the citizens of the City of Cotati will not be jeopardized by the approval of these events; and 76 of 349
WHEREAS, the event organizers have been conditioned to provide evidence of their ability to serve alcohol responsibly and in conformance with all rules and regulations of the California Department of Alcoholic Beverage Control and conditioned to return the park and streets to their prior condition of cleanliness and repair as set forth in Exhibit “A” attached hereto; and
WHEREAS, the action of approving an Annual Accordion Festival 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 by the City Council of the City of Cotati as follows:

Section 1. Findings. The above recitals are declared to be true and correct and are incorporated herein as findings of the City Council.

Section 2. Approval of Conditions. The City Council hereby approves the conditions of approval for these events, attached as Exhibit A.

Section 3. Approval of Fee Waivers for Cotati Accordion Festival. The 50% fee waivers, as described in the accompanying Staff Report, is hereby approved to facilitate these events.

Section 4. Effective Date of this Resolution. This Resolution shall become effective immediately.

Section 5. Severability. Each portion of this resolution is severable. Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Cotati hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional.

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 July 9, 2024, by the following vote, to wit:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
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Approved as to form:______________________________
City Attorney
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EXHIBIT A

CONDITIONS OF APPROVAL

1. The applicant is granted exclusive use of La Plaza Park including closing La Plaza Street and West Sierra Avenue adjacent to the park for the event from Friday, August 16 th, 2024 at 10:00 a.m. through Monday, August 19th, 2024 at 10:00 a.m. for the event scheduled from 9:30 a.m. to 8:00 p.m. both days. This approval includes live amplified entertainment from 9:45 a.m. to 8:00 p.m. both days.

2. The applicant shall apply for a permit from the Fire District at least 10 days prior to the event for the assembly tents.

3. The applicant shall obtain a Daily License from the Department of Alcoholic Beverage Control (ABC) for each event day. The City authorizes the sale and consumption of beer and wine.

4. The applicant shall obtain the required permits and follow all regulations from the Sonoma County Environmental Health Department, and shall ensure each food vendor complies with Health Department requirements.

5. The applicant shall ensure that all vendors follow Cotati Municipal Code 8.20.030 (Prohibited food service ware and products), which bans the selling or serving of food ware that contains polystyrene foam or PFAS.

6. The applicant shall obtain a limited term permit for all offsite activities, including parking, from the City of Cotati Community Development Department no later than 60 days prior to the start of the event.

7. The applicant shall ensure the public facilities (park, parking spaces, restrooms, and streets) are cleaned completely and returned to pre-event condition prior to re-opening the streets. This includes the removal of any chalk or tape used to mark vendor spaces.

Spray paint and drilling of holes in any concrete or asphalt roadway or sidewalk area is strictly prohibited.

8. The event shall be carried out as described in the written descriptions submitted by the applicant and in compliance with these Conditions of Approval.

9. The applicant shall be responsible for ensuring trash, recycling, and compost bins, portable toilets, and handwashing stations are delivered and collected.

10. The Police Department shall notify the appropriate agencies, businesses, and residents of street closures per California Vehicle Code Section 21101 (e). This Section authorizes the temporary closing of any street for celebrations, parades, local events and other purposes when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.

11. Public Works shall be responsible for street closures, as listed below. The applicant shall be responsible for providing the barricades and delineators. a. The following streets will be closed Friday, August 16, 2024, 10:00 a.m., through Monday, August 19, 2024, 10:00 a.m.:
• West Sierra Avenue between Old Redwood Highway and La Plaza • West Cotati Avenue from William/Olof Streets to La Plaza • La Plaza – from Old Redwood Highway to West Cotati Avenue • La Plaza – from West Cotati Avenue to West Sierra Avenue 79 of 349
b. The following traffic lanes will be closed to through traffic between Friday, August 16, 2024, 10:00 a.m., through Monday, August 19, 2024, 10:00 a.m.:
• No. 2 Westbound Lane of East Cotati Avenue at the intersection of Old Redwood Highway
• No. 1, left turn lane, of Old Redwood Highway onto West Sierra Avenue • Left turn lane on Old Redwood Highway, Northbound at La Plaza North c. The following streets may be designated “No Parking” in order to ease congestion on the detour routes:
• La Plaza – from West Sierra Avenue to Old Redwood Highway (South side of the roadway)
• La Plaza – the first eight parking spaces running north from West Sierra Avenue to be blocked off on Thursday evening
• West Cotati Avenue – from Olof Street to La Plaza (South side of the roadway) • West Sierra Avenue – from La Plaza to East School Street d. The following street will be designated for ADA accessible parking:
• West Cotati Avenue (midblock) to La Plaza (North side of the roadway) 80 of 349
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: APPROVAL OF THE REVISED MOU FOR THE COTATI
POLICE MANAGERS ASSOCIATION (2024-2029)
Date: June 11, 2024
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a resolution approving the revised MOU for the Cotati Police Managers Association, beginning on July 1, 2024 through June 30, 2029.

Background
The Cotati Police Managers Association (CPMA) current has a 5-year memorandum of understanding (MOU) that expires on June 30, 2024. The MOU is the collectively bargained labor agreement for police sergeants.

The City has been negotiating with the CPMA since May of 2024 and has reached a tentative agreement, subject to City Council approval. The CPMA membership has unanimously ratified the tentative agreement.

Analysis/Discussion
Below is a summary of the changes to the CPMA MOU.

Sworn Uniform Allowance
• Increase from $800 to $1,000 per year, in line with changes to the unrepresented group and Cotati Police Officers Association (CPOA).

Floating Holiday Hours
• Adds non-cashable floating holiday hours, in line with the Cotati Employees Association.

Floating holiday hours do not accrue and must be taken each fiscal year. Twenty seven (27) hours are granted each fiscal year until the employee has reached 10 years of service 88 of 349
with the City, at which point the floating holidays drops to eighteen (18) hours each year to reflect the higher vacation accruals.

Bilingual pay
• $150/mo (Proficient), $300/mo (Fluent), which is comparable to the similar benefit in other nearby agencies.

MOU Term
• 5 years
Shift Differential
• 5% for regular time worked from 7 pm to 7 am, which is comparable to a similar benefit in other nearby agencies.

Salary/COLA
• Equity spread sets the top step sergeant at 15% above the top step corporal base salary (no special assignment pay included.)
• COLA
o 2.5% per year, due to indexing to the CPOA corporal.

Financial Considerations
The estimated annual and total 5-year costs of the proposed MOU amendments are indicated below. These are additional costs only, not existing “baseline” costs.

FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 TOTAL 5

YEAR COST
$36,320 $69,729 $81,576 $92,695 $104,093 $384,413
These costs do not include the proposed change to Floating Holiday Hours and the related overtime and other salary costs it will create for additional shift coverage. Bilingual pay costing assumes 3 fluent, 3 proficient.

The proposed compensation is in-line with the median total compensation with the comparable agencies used by the City (Cloverdale, Sebastopol, Healdsburg, Calistoga, St. Helena).

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING

AND AUTHORIZING THE CITY MANAGER TO SIGN THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY AND THE COTATI POLICE

MANAGERS ASSOCIATION (CPMA)
WHEREAS, the Cotati Municipal Code and Personnel Rules empower the City Council to establish a compensation plan covering all classes of positions; and WHEREAS, the City Council’s representative has met and conferred in good faith with representatives of Cotati Police Managers Association (CPMA), resulting in a Memorandum of Understanding (MOU) effective the start of the first full payroll cycle in fiscal year 2024-25; and WHEREAS, the City Council finds and determines that the MOU attached to this resolution as Exhibit “A” is appropriate and reasonable for the designated group; and WHEREAS, the action of approving an MOU 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 City Council does hereby approve the MOU attached to this Resolution as Exhibit “A”; and BE IT FURTHER RESOLVED that resolutions in conflict herewith are hereby superseded; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the MOU attached hereto as 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 July 9, 2024, by the following vote, to wit:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney
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TENTATIVE AGREEMENT BETWEEN CITY OF COTATI

AND COTATI POLICE MANAGEMENT ASSOCIATION (CPMA)
RE: 2024 SUCCESSOR MOU NEGOTIATIONS
The following document contains the Tentative Agreement between the City of Cotati (hereinafter called “City”) and the Cotati Police Management Association (“Association”) (hereinafter collectively called “the parties”) on wages, hours and terms and conditions of employment. The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City and the Association and will apply to all employees covered by the Memorandum of Understanding (MOU) between the City and the Association.

Upon ratification and approval, this Agreement will amend the MOU between the parties dated July 1, 2019 – June 30, 2024.

The amended MOU shall supersede all other Memoranda of Understanding and agreements between the parties. Language in the MOU between the parties not amended by this Tentative Agreement will remain unchanged. The parties agree that any and all Tentative Agreements are hereby incorporated. Any outstanding proposals not agreed to are hereby withdrawn by the parties.

This Tentative Agreement is subject to ratification by Association membership and approval by the City Council of Cotati.

FOR THE CITY FOR THE ASSOCIATION
Date: Date:

DocuSign Envelope ID: BD027A40-A59F-49A5-BEC2-CE2F4EA0D9EE July 2, 2024 July 2, 2024
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MEMORANDUM OF UNDERSTANDING BETWEEN

CITY OF COTATI

AND THE

COTATI POLICE MANAGEMENT ASSOCIATION

EFFECTIVE
July 1, 2019 2024 through June 30, 20242029
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MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF COTATI AND THE COTATI POLICE

MANAGEMENT ASSOCIATION

Page 2 of 20 ends

ARTICLE 1: PREAMBLE......................................................................................................................................3 ARTICLE 2: SAVINGS CLAUSE..........................................................................................................................3 ARTICLE 3: MANAGEMENT RIGHTS ..............................................................................................................3 Section 3.01 ............................................................................................................................................................3 Section 3.02 ............................................................................................................................................................4 ARTICLE 4: ASSOCIATION RIGHTS ................................................................................................................4 Section 4.01 ............................................................................................................................................................4 Section 4.02 ............................................................................................................................................................4 Section 4.03 ............................................................................................................................................................4 Section 4.04 ............................................................................................................................................................4 Section 4.05 Personnel Files...................................................................................................................................5 ARTICLE 5: UNIT DESCRIPTION ......................................................................................................................5 ARTICLE 6: DUES DEDUCTION.........................................................................................................................5 ARTICLE 7: COMPENSATION............................................................................................................................5 Section 7.01. Wages................................................................................................................................................5 Section 7.02. Salary Advancement .........................................................................................................................6 Section 7.03. Longevity Pay ...................................................................................................................................6 Section 7.05. Uniform Program ..............................................................................................................................7 Section 7.06. Deferred Compensation Plan.............................................................................................................8 Section 7.07. Direct Deposit ...................................................................................................................................8 ARTICLE 8: INSURANCES...................................................................................................................................9 Section 8.07. Medicare.........................................................................................................................................11 ARTICLE 9: RETIREMENT ...............................................................................................................................11 Section 9.01. Public Employees’ Retirement System (PERS)..............................................................................11 Section 9.03. Impact of Government Regulations on Employee Benefits............................................................14 ARTICLE 10: PAID LEAVE ACCRUAL ..........................................................................................................14 ARTICLE 11: HOURS OF WORK, WORK PERIODS, AND PAY PERIODS ..............................................15 ARTICLE 12: OVERTIME...................................................................................................................................16 Section 12.01. Call Out Pay..................................................................................................................................16 Section 12.02. Overtime ............................................................................................................................................. 16 Section 12.03. Compensatory Time .....................................................................................................................17 ARTICLE 13: USE OF CITY OWNED VEHICLES..........................................................................................17 Section 13.01. Assigned City Vehicle...................................................................................................................17 Section 13.02. Use of City Vehicles......................................................................................................................17 ARTICLE 14 : WORK DISRUPTION................................................................................................................17 ARTICLE 15 : EFFECT OF AGREEMENT .....................................................................................................18 Section 15.01. Full Understanding........................................................................................................................18 Section 15.02. Waiver...........................................................................................................................................18 Section 15.03. Modifications................................................................................................................................18 Section 15.04. Future Enforcement.......................................................................................................................18 ARTICLE 16 : TERM............................................................................................................................................18 93 of 349

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ARTICLE 1: PREAMBLE
It is the intent and purpose of this Memorandum of Understanding (MOU) to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment of employees represented by the Cotati Police Management Association (CPMA).

City representatives agree to recommend to the City Council of the City of Cotati that all terms of the MOU be adopted in full by Resolution of the City Council. Upon such adoption, all terms and conditions of this MOU shall then become effective without further action by either party.

ARTICLE 2: SAVINGS CLAUSE
If any section, subsection, subdivision, sentence, clause or phrase of this agreement is, for any reason, held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portions of this agreement.

ARTICLE 3: MANAGEMENT RIGHTS
Section 3.01
Except as otherwise specifically provided and subject to applicable laws, the City has, and retains, the sole and exclusive rights and functions of management, including, but not limited to, the following:

A. To determine the nature, standards, and extent of services to be performed, as well as the right to determine and implement its public function and responsibility.

B. To manage all facilities and operations of the City, including the methods, means, numbers and kinds of personnel by which the City operations are to be conducted.

C. To direct the work force, including the right to hire, assign, promote, demote, or transfer any employee.

D. To assign work to, and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments upon reasonable notice.

E. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law.

F. To determine policies, procedures, and standards affecting the selection, training, and promotion of employees.

G. To establish, assess, and implement employee performance standards, including, but not limited to, quality and quantity standards; the assessment of employee performances; and the procedures for said assessment.
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Section 3.02
The CPMA employees covered by this MOU recognize that the City has, and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer, and manage its municipal services and work force, performing those services in all respects subject to this Memorandum of Understanding.

ARTICLE 4: ASSOCIATION RIGHTS
Section 4.01 Right to Organization
The City of Cotati recognizes the employees' rights to self-organization and to be represented by employee organizations of their own choosing as set forth in Chapter 10, Division 4, of the Government Code of the State of California.

Section 4.02 Bulletin Boards
Cotati Police Management Association (CPMA) will be permitted to use non-public area bulletin boards on City property for the purpose of posting notices of meetings and other official CPMA business with the understanding that the material will not violate the law and the City policies, including policies prohibiting harassment and discrimination, and law prohibiting public agencies from supporting candidates for public office or ballot measures. All CPMA postings on City bulletin boards must be posted by an official CPMA representative for official CPMA business, as demonstrated by the signature of the CPMA official authorized to post the notice on behalf of the CPMA. This provision shall not apply to the City’s website or email system.

Section 4.03 Access to Work Locations
Reasonable access to employee work locations through public entrances shall be granted to nonemployee officers of the Association and their officially designated representatives, for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Such sergeants or representatives shall not enter any work location without the consent of the Chief of Police. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.

Solicitation of membership and activities concerned with the internal management of the Association, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature shall not be conducted during duty time, unless approved in advance by the City Manager. The City's email system is for business purposes only, and may not be used for any Association purpose.

Section 4.04 Meeting Space
The Association, or their representatives may, with the prior approval of the City Manager or designee, be granted the use of City facilities during non-work hours for meetings of city employees and their representatives, provided space is available. All such requests shall be in writing and shall state the purpose or purposes of the meeting. The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, and blackboards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding. 95 of 349

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Section 4.05 Association Activity
Association activity and Association-related discussions among employees in the workplace shall not detract from performance of work duties and service to the public. Employees are required to comply with workplace conduct rules at all time, even when engaged in Association activity or Association-related discussion.

Section 4.06 Release Time for Association Representatives City employees who are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives to discuss matters within the scope of representation, or to be present at hearings where matters within the scope of representation or grievances are being considered. The use of duty time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City.

Preparations for negotiations shall not occur on duty time. Such employee representatives shall submit a written request for excused absence to the Chief, with an information copy to the City Manager, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused forsuch purposes shall not exceed one (1).

Association Board Members or others as designated in writing as official representatives by the Association Board, shall be allowed a reasonable period of time without loss of compensation for the sole and exclusive purpose of conducting transactions of the Association. Said amount of time shall not exceed two (2) hours per day for each Board member or designee and a combined aggregate not to exceed six (6) hours per fiscal year for all such Board members and others designated by the Board, provided every reasonable effort is made to conduct Association meetings and/or business on non-duty time. Permission to attend Association meetings on duty must by obtained forty-eight hours in advance from the Police Chief or designee. Permission to conduct Association business or attend Association meetings is conditioned upon field and/or assignment conditions and shall not interfere with the normal course of assigned job duties or department conditions.

ARTICLE 5: UNIT DESCRIPTION
The Cotati Police Management Association represents the following classifications:

Police Sergeant
ARTICLE 6: DUES DEDUCTION
City shall provide payroll deductions of membership dues for plans sponsored by CPMA/PORAC, upon receipt of written certification by the CPMA that it has and will maintain an authorization, signed by individual employees described in Article 5 above, from whose salary or wages the deduction or reduction is to be made. The providing of such service to CPMA by the City shall be contingent upon, and in accordance with, the provisions of the Government Code, City ordinances, resolutions, memoranda of understanding, and applicable administrative procedures. Such dues deductions shall continue so long as the Association remains the exclusive representative for the bargaining unit and so long as it has otherwise complied with this section in providing written 96 of 349

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certification to the City. The CPMA shall certify to the City in writing any changes in the required payroll deduction.

The CPMA agrees that it will provide a copy of individual authorizations to the City should a dispute arise about the existence or terms of the authorization.

The CPMA shall indemnify the City and any department of the City and hold it harmless against any and all claims, demands, suits, or other forms of liability that may arise out of, or by reason of, any action taken by the City, or any department of the City, for the purpose of complying with payroll deduction provisions.

ARTICLE 7: COMPENSATION
Section 7.01. Wages
Effective the first full pay period following Association ratification and City Council adoption of a successor MOU in 2024 and sunseting on June 30, 2029, for retention, recruiting and career incentive purposes, the City shall maintain a fifteen percent (15%) difference in base salary between a top step Police Corporal and a top step Police Sergeant, not including incentive pay.

Accordingly, if at any point during the term of this MOU, the Top Step of the Police Sergeant salary schedule is less than fifteen percent (15%) above the Top Step of the Police Corporal salary schedule, Top Step of the Police Sergeant salary schedule shall be increased to fifteen percent (15%) above Top Step of the Police Corporal salary schedule.

A. Cost of Living Adjustments:

Effective the first full pay period following July 1, 2019, active employees represented by the CPMA will receive a cost of living increase in the amount of two and one half percent (2.5%).

Effective the first full pay period following July 1, 2020, active employees represented by the CPMA will receive a cost of living increase in the amount of two and one half percent (2.5%).

Effective the first full pay period following July 1, 2021, active employees represented by the CPMA will receive a cost of living increase in the amount of two and one half percent (2.5%).

Effective the first full pay period following July 1, 2022, active employees represented by the CPMA will receive a cost of living increase in the amount of two and one half percent (2.5%).

Effective the first full pay period following July 1, 2023, active employees represented by the CPMA will receive a cost of living increase in the amount of two and one half percent (2.5%).
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B. Reopener
In the event the City’s sales tax measure (Measure G) is not renewed by the voters, the City and Association shall reopen the MOU to discuss 2022 and 2023 cost of living increases.

C. Compaction Adjustments:

Effective the first full pay period following July 1, 2019, active employees represented by the CPMA will receive a compaction increase in the amount of two and one-half percent (2.5%).

Effective the first full pay period following July 1, 2020, active employees represented by the CPMA will receive a compaction increase in the amount of one-half percent (0.5%).

Effective the first full pay period following July 1, 2021, active employees represented by the CPMA will receive a compaction increase in the amount of one-half percent (0.5%).

Effective the first full pay period following July 1, 2022, active employees represented by the CPMA will receive a compaction increase in the amount of one-half percent (0.5%).

Effective the first full pay period following July 1, 2023, active employees represented by the CPMA will receive a compaction increase in the amount of one-half percent (0.5%).

Section 7.02. Salary Advancement
Assigned salary ranges contain five (5) steps. Employees move through these steps on the basis of performance. Employees shall be eligible for salary advancement consideration as follows:

A. To the "B" step of the salary schedule after successful completion of twelve (12) months (2080 hours) at the "A" step. The date of this increase shall become the employee's pay review date for purposes of eligibility for future merit step increases.

B. To the "C" step after successful completion of one (1) year (2080 hours) at the "B" step.

C. To the "D" step after successful completion of one (1) year (2080 hours) at the "C" step.

D. To the "E" step after successful completion of one (1) year (2080 hours) at the "D" step.

When an employee is hired at a step other than Step "A" of the salary range assigned to the position, the employee shall be eligible for a step increase one (1) year (2080 hours) from the date of employment, and this date shall become the employee's pay review date for purposes of eligibility for future merit increases. Thereafter, the above merit pay procedure shall be followed.

Salary advancements are granted for continued meritorious and efficient service and after continued improvement in assigned tasks in conjunction with performance appraisal procedures.

Recommendations are initiated by immediate supervisors and are then forwarded to the concerned department head for approval. These, in turn, shall be transmitted to the Administrative Services 98 of 349

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Department.

Salary step advancements are not guaranteed. When an employee is denied a merit increase, the employee shall be informed of such and the reasons therefore in writing. The employee shall be reconsidered for advancement within three (3) months and, if still denied, may be reconsidered for advancement at any subsequent time recommended by management of the concerned department.

Employees who have received internal promotions, if assigned to a salary step in the new classifications salary range offering a minimum five percent (5%) salary increase, shall be eligible for a step increase upon successful completion of one (1) year (2080 hours) in the new position.

If employees are placed on a higher step than this, based upon the recommendation of the department head and approval of the City Manager, they shall be eligible to advance to the next step of the new classifications salary range one (1) year (2080 hours) from the date of their promotion, and this date shall also become the employee's pay review date for purposes of eligibility for future merit step increases.

Section 7.03. Longevity Pay
An employee shall be eligible for salary advancement (longevity pay), subject to satisfactory review of performance, and achievement of the required certification for sworn employees, based on the following schedule:

A. Three (3) percent of base salary after eight and one half (8 ½) years (17,680 hours) B. Three (3) percent of base salary after thirteen and one half (13 ½) years (28,080 hours) C. Three (3) percent of base salary after eighteen and one half (18 ½) years (38,480 hours) Section 7.04. Professional and Education Incentives
Subject to the criteria specified below, the City will pay a monthly incentive to Police Sergeants who are employed full-time on a permanent or probationary basis for job related Police Officer Standards and Training (P.O.S.T.) Certificates which exceed the normal established job requirements. Eligible employees will be compensated a monthly amount as follows:

P.O.S.T. Intermediate Certificate 2 percent (2%) of base salary P.O.S.T. Advanced Certificate 3 percent (3%) of base salary An employee with both the P.O.S.T. Intermediate and Advanced Certificates therefore receives an incentive equal to five percent (5%) of base salary.

Section 7.05. Uniform Program
The purpose of the uniform program is twofold: (1) To identify City employees who have direct contact with the public on a regular basis and to enhance the image of City operations generally performed by City personnel in public view; and (2) To provide uniforms to those personnel who are required to perform duties that result in their clothing becoming excessively dirty or in duties that require identifying uniforms. All identifying patches, badges, etc., purchased by the City for an employee, must be returned to the City when an employee terminates City employment. 99 of 349

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A. Police Sergeants
Police Sergeants shall receive a uniform allowance of eight hundred dollars ($800.00) payable in equal installments in each paycheck. Effective the first full pay period following Association ratification and City Council adoption of a successor MOU in 2024, or the first full pay period following July 1, 2024, whichever is later, the uniform allowance for sworn officers will be increased to one thousand dollars ($1,000) per year.

New employees shall receive their initial uniform allowance upon appointment. Beginning with the subsequent fiscal year, the employee shall receive uniform allowance payments in equal installments in each paycheck.

Employees promoted from within the Cotati Police Department who require a different uniform for their new job shall receive the full allowance for their new job. Beginning with the subsequent fiscal year, the employee shall receive uniform allowance payments in equal installments in each paycheck.

Section 7.06. Deferred Compensation Plan
A deferred compensation plan is available to all employees, providing tax-deferred savings and/or a retirement supplement. Employees may make contributions, through payroll deductions, into one or more savings vehicles, up to the legal maximum as defined by the law governing deferred compensation accounts. The City will contribute an equivalent of three percent (3%) of base salary per employee covered by this agreement into the deferred compensation program (amount shown in exhibit A).

Section 7.07. Direct Deposit
The City offers employees the option of direct deposit for their payment of semi-monthly payroll.

The employee will be given the option to select a banking institution to have their semi- monthly payroll directly deposited. The City cannot guarantee direct deposits, and employees will be responsible for following up with their banking institution when problems arise that are directly related to errors and/or omissions on the part of such banking institution.

Section 7.08 Holiday Pay
All full time permanent and probationary sworn employees are normally required to work on approved holidays because they work in positions that require scheduled staffing without regard to holidays, and therefore shall be paid for twelve and one half (12.5) ten (10) hour holidays per year which shall be payable in semi-annual installments based on the base rate of pay at the time of payment. The first installment shall be paid on the first pay period in December and represents six and one-half holidays (65 hours). The second payment shall be paid on the first pay period in June and represents six holidays (60 hours). Part-time permanent and new employees will receive a pro-rata portion based on holidays worked during that period.

Section 7.09 Field Training Officer
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as a qualified Field Training Officer qualified, shall receive a five percent (5%) of base salary special assignment pay for each full shift in which the employee actually performs all the responsibilities of a Field Training Officer as assigned by the Chief of Police for training both Regular Full Time and Reserve Officers.

Section 7.10 Off-Duty Telephone Calls
Employees who receive work-related calls during off-duty time will be compensated for the time worked as straight time. If the time worked results in the employee working in excess of forty (40) hours in a workweek, the time will be compensated at time and a half the employee’s regular rate of pay.

Compensation for such work will be a minimum of one (1) hour of pay for any and all telephone callsreceived or made within that one (1) hour period. In the event a later telephone call is received after the prior one (1) hour of telephone work time, and the call requires the employee to again resolve work related problems by telephone, the employee will be paid for an additional one (1) hour of pay for all telephone calls received within that next hour.

7.11 Shift Differential
Effective the first full pay period following Association ratification and City Council adoption of a successor MOU in 2024, or the first full pay period following July 1, 2024, whichever is later, Police Sergeants scheduled to work between the hours 7 pm to 7 am will receive shift differential of five percent (5%) for hours worked between the hours of 7 pm to 7 am.

The 5% Shift Differential applies only to regular hours worked; it does not apply to FLSA or contractual overtime hours worked.

For employees assigned to periodically cover a shift between 7 pm and 7 am which is not their regularly assigned shift, shift differential does not meet the criteria for reportable compensation for CalPERS purposes.

7.12 Bilingual Premium Pay
Effective the first full pay period following July 1, 2024 or the first full pay period following City Council approval of a successor MOU, whichever is later, employees will be eligible for bilingual pay as follows:

Proficiency Level: Job classifications that identify bilingual in Spanish as a desired job skill with proficient verbal bilingual skills in Spanish who are routinely and consistently assigned to positions requiring communication in Spanish will be eligible to receive a pay differential of $150 per month for the use of these skills in job duties arising during the normal course of work. To receive the Proficiency Level of Bilingual Premium Pay, the employee is required to receive advance Department Head approval, be verbally proficient in Spanish, and successfully pass a City provided proficiency examination in advance.

Advanced Level: Job classifications that identify bilingual in Spanish as a desired job skill with 101 of 349

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advanced bilingual skills in Spanish (fluent in speaking and writing/reading) who are routinely and consistently assigned to positions requiring communication in Spanish during the normal course of work, will be eligible to receive a pay differential of $300 per month. To receive the Advanced Level of Bilingual Premium Pay, the employee is required to receive advance Department Head approval, be fluent in Spanish (speaking and writing/reading), and successfully pass a City provided fluency examination in advance.

Employees who accept the Advanced Level of Bilingual Premium Pay will be required to, when called upon, to translate citywide, be a spokesperson for the department when bilingual communications between the press and the department are needed, and as circumstances may require, assist in liaison efforts to advance bilingual communication with community members or organizations. Law enforcement personnel may also be required to assist in investigations where Spanish language skills are identified to assist in an active or ongoing investigation.

General: Bilingual skills shall not be a condition of employment except for employees who are hired specifically with that requirement. If an employee is hired under this provision, that requirement shall be included in the initial appointment letter. The City may require retesting at any time.

The City has the right to discontinue the bilingual premium pay at any time based on changes to the City’s business needs, provided that the City gives the exclusive representative ten (10) days’ notice prior to such revocation, in order to allow the opportunity for the parties to meet and confer.

Bilingual Premium Pay expires effective June 30, 2029, unless the parties mutually agree to continue the benefit.

ARTICLE 8: INSURANCES
The City makes available at its discretion subject to section 8.01 a choice of group medical, dental, life, and vision insurance programs for employees and their family members. The City does not make available any life insurance policy to employee’s eligible dependents under these plans.

Section 8.01 Health Insurance
A. Medical Insurance
The City offers a medical insurance directly and/or through the Redwood Empire Municipal Insurance Fund (REMIF). The City offers a choice of Kaiser Permanente or at least one other alternate form of medical insurance coverage. The policy shall be determined by the City, and shall be available for permanent or probationary full-time employees and their eligible dependents.

Employees will pay ten percent (10%) of the cost of medical insurance premiums.

B. Dental Insurance
The City offers dental insurance. The policy shall be determined by the City and shall be available for permanent or probationary full-time employees and their eligible dependents.

The City will pay one hundred percent (100%) of the premium. 102 of 349

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C. Vision Insurance
The City offers vision insurance. The policy shall be determined by the City and shall be available for permanent or probationary full-time employees and their eligible dependents.

The City will pay one hundred percent (100%) of the premium.

Section 8.02 Other Insurance
A. Life Insurance
The City shall provide life insurance coverage in the amount of one hundred thousand dollars ($100,000) for each employee. The policy shall be determined by the City and shall cover in the line of duty deaths/accidents. The City will pay one hundred percent (100%) of the premium.

B. Section 125 Plan
The City offers an IRS 125 plan. The plan allows employees to pay medical and childcare expenses with pre-tax dollars in accordance with IRS regulations. Any pre-tax dollars withheld, but not spent, during the plan’s fiscal year will be forfeited to the City except as precluded by federal law.

C. AFLAC
The City makes available to all permanent and probationary employees a group of supplemental insurance policies offered by AFLAC. Upon election, the employee shall pay policy premiums through payroll deduction.

D. Employee Assistance Program
The City provides and Employee Assistance Program for all employees, with premiums paid by the City.

E. Non-Industrial Leave
The City offers non-industrial disability insurance through PORAC at the “Gold” level for all full time permanent and probationary employees, as described in the current benefit summary, as may be updated from time to time. The City pays one hundred percent (100%) of the premium for PORAC non-industrial disability insurance.

Section 8.03 Retiree Health Insurance Benefits
Retired full-time permanent employees with fifteen (15) years or more of full-time permanent service and their spouses or registered domestic partners may participate, at their option, in a Cityprovided medical, dental and vision plan after the official date of retirement until the participant becomes eligible for SSI or Medicare, whichever is sooner. Retiree pays one hundred percent (100%) of the premium for themselves and their spouse or registered domestic partner (if applicable).

Section 8.04 Part-Time Employees
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The City recognizes an obligation as a responsible employer to provide employment benefits that are offered to full-time permanent or probationary employees to part-time, permanent employees on a pro-rata basis. Due to policy limitations we are not able to provide long term disability. For part-time permanent employees employment benefits are calculated on actual assigned hours of work per week. For example, based on one-half time employment in the case of vision, life, medical and dental premiums, the City will contribute the following pro-rated benefits in the amount of :

Fifty percent (50%) of premium cost through payroll deduction.

Section 8.07. Medicare
In compliance with H.R. 3128, all full-time, part-time, temporary, and seasonal employees hired after March 31, 1986 must participate in the Medicare program pursuant to all applicable laws.

ARTICLE 9: RETIREMENT
Section 9.01. Public Employees’ Retirement System (PERS) The City of Cotati is a member of the Public Employees Retirement System (PERS). All permanent or probationary, full-time employees are required to become members. Permanent parttime employees are required to become members if they work more than one thousand (1,000) hours in any fiscal year.

A. Sworn Employees

1. Tier 1: Sworn Employees Hired Before July 1, 2011
Sworn safety employees hired before July 1, 2011 are covered under the three percent (3%) at age 50, average three (3) highest years' salaries formula. This plan provides for a retirement allowance at age 50 that is equal to the product of the number of years of service times .030 of the average monthly compensation earned during the average three highest paid years of service. Employees may retire at age 50, with five (5) or more years of PERS-credited service.

Effective July 1, 2012, Tier 1 sworn employees will pay three percent (3%) of the member contribution to CalPERS for pension. The City will pay the remaining six percent (6%) of the member contribution to CalPERS for pension.

2. Tier 2: Sworn Employees Hired On or After July 1, 2011(Exclusive of employees who become “new members” of CalPERS on or after January 1, 2013 as defined by PEPRA) Sworn safety employees hired on or after July 1, 2011, not including employees who become “new members” of CalPERS on or after January 1, 2013 as defined by PEPRA, will receive a CalPERS retirement benefits based on the two percent (2%) at 50 formula, as provided under California Public Employees Retirement Law, calculated 104 of 349

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on average income of the three highest years, and will pay the full CalPERS employee contribution.

Tier 2 sworn employees shall pay the full member contribution required by CalPERS.

3. Tier 3: Sworn Employees Hired On Or After January 1, 2013 And Considered New Members Of CalPERS (PEPRA Employees)
Qualifying employees hired on or after January 1, 2013 and considered new members of CalPERS as defined by the Public Employee Pension Reform Act (PEPRA) (“third tier employees”) will receive the 2% at age 50 increasing to 2.7% at age 57 retirement formula for sworn employees, and shall be subject to the provisions of PEPRA, including provisions governing reportable compensation.

B. All Sworn Employees
The City contracts with CalPERS to provide the following benefits as described under the California Public Employees’ Retirement Law:
- Government Code Section 20965 – Credit for Unused Sick Leave - Section 21022 – Public Service Credit for Periods of Layoffs - Section 21023.5 – Public Service Credit for Peace Corps or Americorps: Vista Service - Section 21024 – Military Service Credit as Public Service - Section 21027 – Military Service Credit for Retired Persons - Section 21548 – Pre-Retirement Option 2W Death Benefit Employees shall also receive the PERS Section 21382.4 Fourth Level of 1959 Survivor Benefits. This benefit costsfour dollars ($4) per month per employee. The City shall match two dollars ($2) per month of the cost with each employee. There will be a payroll deduction of one dollar ($1) per semi-monthly pay period.

Section 9.03. Impact of Government Regulations on Employee Benefits The value or availability of the benefits provided in the MOU as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City’s obligations under this MOU are limited to the direct cost of providing the salary and benefits as described in the MOU. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee.

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potentially impact employee benefits.

Additionally, the City and the Association have mutually agreed throughout this MOU on the reportability of various payments and stipends to CalPERS. Should CalPERS or a decision of another government agency or department, overturn or require a change in the reportability of such a payment to CalPERS, the City and the Association jointly agree to reopen the MOU and meet and confer on the limited issue of the impacts of this decision.

ARTICLE 10: PAID LEAVE ACCRUAL
A. Effective August 31, 2010, the Leave Bank policy described in Section 10 of the City Personnel Rules will no longer apply to employees represented by the Association, and employees will cease to accrue Leave Bank hours. Hours already accrued will not be reduced.

F.B. Each employee will have the option to request a cash-out of any unused, previously accrued leave bank hours up to two times a calendar year. A minimum of two (2) weeks written notice to the Administrative Services Department is required for all cash-out requests. In order to cash out leave bank hours, employees must make an irrevocable election in December for cash out in the following calendar year. Written irrevocable election to Human Resources is required for all cash-out requests. There will be no exceptions to this written irrevocable election requirement, unless provided otherwise in the Personnel Rules. Compensation for such cash-out of unused accrued leave hours will be based on the employee’s existing salary at the time payment is made.

B.C. For all employees, regardless of date of hire:
a.1.Up to one hundred (100) hours of Vacation Leave may be cashed out per calendar year as long as the employee maintains at least an 80-hour balance after the cash out. In order to cash out vacation hours, employees must make an irrevocable election in December for cash out of vacation to be earned in the following calendar year. Cash out of vacation hours will occur after the leave is earned. Written irrevocable election to Human Resources is required for all cash-out requests.

There will be no exceptions to this written irrevocable election requirement, unless provided otherwise in the Personnel Rules.

1.2.The employee must be in pay status or on an approved leave to exercise this option.

2.3.Sick leave may not be cashed out during employment or upon separation.

C.D. Effective September 1, 2010, Leave Accrual as provided by Section 10 of the City Personnel Rules will cease. In lieu of the Leave Bank, the City will provide vacation and sick leave as follows:For employees hired before July 1, 2010, employees shall accrue sick leave and vacation leave on a pay period basis, as follows:
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Years of
Service
Sick Leave
Accrual Per
Year
Vacation
Accrual Per
Year
Vacation
Accrual Cap
One to Three 96 84 432
Four to Five 96 132 432
Six to Ten 96 156 432
More than 10 96 216 432
For employees hired on or after July 1, 2010, employeesshall accrue sick leave and vacation leave, and (effective the first full pay period following City Council approval of a successor MOU in 2024) floating holidays on a pay period basis, as follows:

Years of
Service
Sick Leave
Accrual Per
Year
Vacation
Accrual Per
Year
Vacation
Accrual Cap
Floating
Holiday Hours
One to Five 96 80 160 27
Six to Ten 96 120 240 27
More than 10 96 160 320 18
Effective the first full pay period following city Council approval of a successor MOU in 2024, employees hired on or after July 1, 2010 shall also receive floating “personal” holidays per fiscal year. The total number of floating “personal” holidays are indicated in the table above. Any unused balance of floating “personal” holiday leave available as of 12:00 midnight, June 30th, shall be forfeited. Accrued, unused floating holiday leave shall have no cash value and shall not be subject to cash out during or upon separation from employment. The Association expressly waives any rights to vested leave provided under California Labor Code section 227.3 for administrative leave provided under this section.

ARTICLE 11: HOURS OF WORK, WORK PERIODS, AND PAY PERIODS The standard workweek for employees assigned to a ten (10) hour workday shall be forty (40) hours. Presently the 7-day work period is 12:00a.m. (00:00) on Sunday and ending at 11:59 PM (23:59) the following Saturday. For employees working the thirty-six (36) hour/ forty-four (44)twelve (12) hour work shifts, the workweek shall start exactly our (4) hours after the start of his or hertheir eight (8) hour shift.

All hours shall be designated by the Chief of Police at his or her sole discretion with proper notice.

The standard work periodweek for employees assigned to a twelve (12) hour workdays shall consist of six (6) twelve (12) hour shifts and one (1) eight (8) hour shift in a fourteen (14) day 7(k) work period as recognized by the FLSA.thirty-six (36) hours during one workweek and fortyfour (44) hours during the other workweek. Both workweeks combined for a twelve (12) hour shift employee shall cover fourteen (14) days and consist of eighty (80) hours. Presently the work period is 12:00 a.m. on Sunday and ending at 11:59 p.m. the following Saturday. 107 of 349

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The regular work shift for sworn employees shall consist of ten (10) hours of work. An optional work shift for Sergeants can consist of a combination of twelve (12) hours of work and eight (8) hours of work for a total of six, twelve 12-hour and one, eight 8-hour shifts every fourteen (14) days, so long as all Sergeants elect to work the optional work shift.

For sworn employees working the optional work shift, the workweek shallstart exactly four hours after the start of his/hertheir eight-hour shift.

Prior to shift change, affected sworn employees shall select either a 10-hour workday or a 12- hour workday, which will remain in effect throughout the next 6-month scheduling period. The Chief of Police at his sole discretion and with proper notice shall designate all hours of work.

Except under exigent circumstances, no employee covered under this Agreement shall be required to work more than 16 hours on any given day.

The pay period for all employees shall be bi-weekly. If a payday falls on a holiday or weekend, payday will (if possible) be the last business day before the designated holiday or weekend.

Employees will receive a minimum of two (2) weeks’ notice for scheduled hours or shift changes, unless exigent circumstances exist. Scheduled changes will not affect the employee's normal consecutive days off unless exigent circumstances exist. "Exigent circumstances" mean an emergency situation which develops suddenly and unexpectedly and which demands immediate attention and action to preserve the peace and public safety or any circumstance the City cannot control in which the Police Department has three (3) days or less notice of a needed schedule change.
"Exigent circumstances" mean an emergency situation which develops suddenly and unexpectedly and which demands immediate attention and action to preserve the peace and public safety or any circumstance the City cannot control in which the Police Department has three days or less notice of a needed schedule change.

ARTICLE 12: OVERTIME
Section 12.01. Call Out Pay
In the event an FLSA non-exempt employee is called out for duty or Court appearances the employee will receive compensation at a rate of time and one half the employee’s regular hourly rate. Employees who are called out or required to appear in Court shall be compensated at a three (3) hour minimum at time and one half. Call out time shall be defined as time worked by the employee, in excess of their scheduled work hours in a workday or work week. If Court appearances are scheduled within two (2) hours before or two (2) hours after an employee’s regularly scheduled shift, they shall then be paid for actual time worked at a rate of time and one half their regular hourly rate.

Section 12.02. Overtime
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It is the policy of the City to discourage overtime except when necessitated by abnormal or unanticipated workload situations. The City has the right to require overtime to be worked as necessary.

The City will compensate Sergeants for overtime worked at a rate of time and one half (1 ½) the employee’s regular hourly rate. The Support Services Supervisor position is FLSA exempt and therefore not eligible to earn overtime.

Compensation for overtime shall be in the form of cash payment or, if requested by the employee and approved by the department head, compensatory time off which shall also accrue at time-andone-half (1 ½) actual overtime hours worked. The City and the Association agree that employees in this Association are covered by the partial exemption set forth at 29 U.S.C. Section 207(k) for the FLSA.

Police Sergeants assigned to 12-hour shifts are covered by the 14-day work period/partial exemption set forth at 29 U.S.C. Section 207(k) of the FLSA. FLSA Overtime for Police Officers is defined as hours worked in excess of 171 in a 28-day work period, or hours worked in excess of 86 in a 14-day work period for Police Officers assigned to 12-hour shifts.

For employees assigned to a ten (10) hour shift schedule, contractual overtime shall be defined as all hours actually worked in excess of a regularly scheduled daily shift or forty (40) hours per week.

Employees assigned to a twelve (12) hour shift schedule will normally be scheduled to work six (6) twelve (12) hour shifts and one (1) eight (8) hour shift in a fourteen (14) day pay period.

Overtime for employees assigned to this schedule shall be defined as all hours actually worked in excess of a regularly scheduled daily work shift, or their regularly scheduled work week.

All work periods which define overtime based as other than time worked in excess of forty hours are established pursuant to 29 U.S.C. Section 207(k) of the FLSA.

Section 12.03. Compensatory Time
A maximum of one hundred (100) hours of compensatory time may be accrued by each employee.

Upon the request of the employee and approval of the appropriate department head or supervisor overtime shall be compensated with compensatory time off. Compensatory time off may be used by request filed twenty-one (21) days in advance with the appropriate supervisor; however, management cannot guarantee time off on short notice. Management will make every effort to comply with the time off wishes of the employee and shall not assign employees to compensatory time off.

Employees may reconvert compensatory time into paid overtime, subject to cash-out limits in place at the time. In order to cash out compensatory time hours, employees must make an irrevocable election in December for cash out of compensatory time to be earned in the following calendar year. Cash out of compensatory time will occur after the leave is earned. Written 109 of 349

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irrevocable election to Human Resources is required for all cash-out requests. There will be no exceptions to this written irrevocable election requirement, unless provided otherwise in the Personnel Rules. Compensatory time will be compensated at the rate of pay in effect at the time of payment.

ARTICLE 13: USE OF CITY OWNED VEHICLES
Section 13.01. Assigned City Vehicle
Take home vehicles will be assigned and determined by the Chief in accordance with operational needs.

Section 13.02. Use of City Vehicles
Employees are to use City vehicles for City work. City liability insurance coverage extends to include use of all City owned vehicles when the employee is driving the vehicle on City business.

Employees shall not use City vehicles for unauthorized purposes.

ARTICLE 14 : WORK DISRUPTION
It is agreed and understood that there will be no strike, work stoppage, slowdown, refusal or failure to fully and faithfully perform job functions and responsibilities, or other interference with the operations of the City by the Association or by its officers, agents, or members during the term of this MOU, including compliance with the request of other labor organizations to engage in such activity.

The Association recognizes the duties and obligations of its representatives to comply with the provisions of this MOU and to make every effort toward inducing employees to do so. In the event of a strike, work stoppage, slowdown, or other interference with the operation of the City or its agents by employees who are represented by the Association, the Association agreesin good faith to take all necessary steps to cease such employee action.

It is agreed and understood that any employee violating this article may be subject to discipline up to and including termination. It is agreed that the City shall institute no lockout of employees during the term of this MOU unless such work disruptions occur.

ARTICLE 15 : EFFECT OF AGREEMENT
Section 15.01. Full Understanding
This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

Section 15.02. Waiver
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Except as specifically provided herein, it is agreed and understood that the CPMA voluntarily and unqualifiedly waivesits right to, and releases the City from, any obligation to meet and confer on any subject or matter contained herein.

Section 15.03. Modifications.

No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto, unless made and executed in writing by the parties hereto and, if required, approved and implemented by the City Council.

Section 15.04. Future Enforcement.

The waiver of any breach, term, or condition of this MOU by either party shall not constitute a precedent or waiver in the future enforcement of all or any of its terms and provisions.

ARTICLE 16: TERM
Except as indicated herein, this Memorandum of Understanding shall be effective upon ratification and adoption of this agreement), and expires on June 30, 20242029. It shall remain in effect until a successor agreement is negotiated or a party in negotiations for a successor agreement has declared impasse and the administrative impasse resolution procedures have been exhausted without an agreement being reached, no earlier than June 30, 20242029.

Negotiations for a successor agreement shall commence no sooner than March 20242029.

IN WITNESS THEREOF, this MOU is entered into this day of 2024, pursuant to the provisions of Government Code Section 3500 et seq.

COTATI POLICE MANAGEMENT ASSOCIATION
By:

By:

CITY OF COTATI
By:

Damien O'Bid
Dated:
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: ADOPTION OF THE REVISED CITY-WIDE SALARY
SCHEDULE FOR FISCAL YEAR 2024/25
Date: July 9, 2024
Written by: Angela Courter, Director of Administrative Services Recommendation
It is recommended that the City Council adopt the revised fiscal year 2024/25 salary schedule, as updated per the current City labor agreements.

Background
The City Council and staff believe that our citizens have a right to full transparency with respect to public information, including the wages and benefits received by City employees and elected officials. To that end, salary schedules as well as labor agreements are available on the City’s website.

For transparency as well as effective and efficient financial reporting, City staff have prepared the annual salary schedule for fiscal year 2024/25, using the adopted labor agreements in effect as of July 1, 2024 and revised for the labor agreements adopted July 9, 2024.

Analysis/Discussion
The City of Cotati has three separate bargaining units; the CEA, the Cotati Police Officers Association (CPOA), and the Cotati Police Management Association (CPMA), as well as the Non-Represented group and a single employment agreement with the City Manager. The salary schedule implements the existing approved memorandum of understanding with each group or contract.

On June 25, 2024, City Council adopted the Salary schedule for Fiscal Year 24-25 with the notation that the CPMA was still in bargaining. On July 9, 2024, City Council will be presented with a tentatively agreed MOU with the CPMA. If approved by the City Council, the attached 112 of 349
updates to the salary schedule must also be approved to implement the MOU.

Financial Considerations
There is no additional fiscal impact associated with the approval and publishing of the salary schedule, as the changes have already been authorized by MOU and included within the proposed budgeted for adoption.

Environmental Issues
The action of approving the salary schedule does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.
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RESOLUTION NO. (XX)

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING THE REVISED FISCAL YEAR 2024/25 SALARY SCHEDULE
WHEREAS, on July 9, 2024, the City Council is to approve a five-year MOU with the Cotati Police Management Association (CPMA) effective the first full pay period following July 1, 2024; and
WHEREAS, on June 11, 2024 (Resolution 2024-29) the City Council approved a fiveyear MOU with the Cotati Police Officers Association (CPOA) effective the first full pay period following July 1, 2024; and
WHEREAS, on August 24, 2021 (Resolution 2021-45) the City Council of the City of Cotati entered into an Amended and Restated Employment Agreement concerning compensation, benefits, terms, and conditions of Damien O’Bid’s employment as City Manager for the period of five (5) years, which was subsequently amended and restated on August 23, 2022 (Resolution 2022-47), and
WHEREAS, on August 9, 2022 (Resolution 2022-46) the City Council approved a fiveyear MOU with the Non-Represented contract (Non-Rep) effective the first full pay period following August 9, 2022; and
WHEREAS, on June 22, 2021 (Resolution 2021-33) the City Council approved a fiveyear MOU with the Cotati Employees Association (CEA) effective the first full pay period following July 1, 2021; and
WHEREAS, on May 9, 2023, Council approved the amendment of the Non-Rep agreement to include the Police Officer Trainee position; and WHEREAS, state law (ACA 3) requires a multi-year increase in the State minimum wage; and
WHEREAS, the changes previously authorized by the City Council though the MOUs are incorporated into the attached salary schedule, effective the first full pay period after July 1, 2024; and
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NOW THEREFORE BE IT RESOLVED that the City Council for the City of Cotati hereby approves the attached revised salary schedule effective on the first day of the first full pay cycle in fiscal year 2024/25.

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 July 9, 2024, by the following vote, to wit:

Approved: ___________________________
Mayor
Attest:
______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form: ______________________________
City Attorney
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Salary Schedule 2024/25
Step Step Step Step Step
ABCD E
Accountant CEA 37.83 39.72 41.71 43.80 45.99
Account Clerk CEA 28.12 29.53 31.01 32.56 34.19
Accounting Technician CEA 32.70 34.33 36.05 37.85 39.74 Administrative Assistant CEA 32.25 33.86 35.55 37.33 39.20 Assistant Planner CEA 38.97 40.92 42.97 45.12 47.38
Associate Engineer CEA 43.29 45.45 47.72 50.11 52.62
Associate Planner CEA 43.29 45.45 47.72 50.11 52.62
Building Official Non-Rep 61.15 64.21 67.42 70.79 74.33 Chief of Police Non-Rep 80.18 84.19 88.40 92.82 97.46
City Clerk Non-Rep 56.28 59.09 62.04 65.14 68.40
City Manager Contract - - - - 102.36
Civil Engineer CEA 49.58 52.06 54.66 57.39 60.26
Community Services Officer CPOA 31.69 33.27 34.93 36.68 38.51 Deputy City Clerk Non-Rep 38.93 40.88 42.92 45.07 47.32 Director of Administrative Services Non-Rep 80.18 84.19 88.40 92.82 97.46 Director of Community Development Non-Rep 80.18 84.19 88.40 92.82 97.46 Director of Public Works/City Engineer Non-Rep 80.18 84.19 88.40 92.82 97.46 Engineering Technician CEA 34.38 36.10 37.90 39.79 41.78 Intern Part Time 18.00 - 19.00 - 20.00
Laborer CEA 22.55 23.68 24.86 26.10 27.41
Maintenance Worker I CEA 28.68 30.11 31.62 33.20 34.86
Maintenance Worker II CEA 32.79 34.43 36.15 37.96 39.86 Maintenance Worker III CEA 36.15 37.96 39.86 41.85 43.94 Management Analyst CEA 40.29 42.30 44.42 46.64 48.97
Management Analyst - Confidential Non-Rep 40.29 42.30 44.42 46.64 48.97 Office Assistant CEA 23.09 24.24 25.45 26.72 28.06
Permit Technician CEA 33.45 35.12 36.88 38.72 40.66
Planning Technician CEA 33.45 35.12 36.88 38.72 40.66
Police Corporal CPOA 43.67 45.85 48.14 50.55 53.08
Police Dispatcher/Clerk CPOA 32.33 33.95 35.65 37.43 39.30 Police Lieutenant Non-Rep 57.62 60.50 63.52 66.70 70.04 Police Officer CPOA 41.57 43.65 45.83 48.12 50.53
Police Officer Trainee Non-Rep 31.33
Police Records Support Analyst CPOA 32.33 33.95 35.65 37.43 39.30 Police Sergeant CPMA 50.22 52.73 55.36 58.13 61.04
Police Service Aide Part Time/Non Rep 28.10 29.50 30.98 32.53 34.16 Public Works Superintendent Non-Rep 54.69 57.42 60.29 63.30 66.46 Recreation Coordinator CEA 28.12 29.53 31.01 32.56 34.19 Recreation Manager Non-Rep 47.22 49.58 52.06 54.66 57.39 Reserve Police Officer Part Time/CPOA 41.57 43.65 45.83 48.12 50.53 Senior Accountant CEA 41.47 43.54 45.72 48.01 50.41
Senior Management Analyst CEA 44.41 46.63 48.96 51.41 53.98 Senior Management Analyst - Confidential Non-Rep 44.41 46.63 48.96 51.41 53.98 Senior Planner CEA 49.58 52.06 54.66 57.39 60.26
Recreation Seasonal Staff Part Time Step A Step B Step C Camp Director Part Time 20.00 21.00 22.00
Assistant Camp Director Part TIme 19.00 20.00 21.00
Recreation Leader Part Time 18.00 19.00 20.00
Interns & Rec Staff rates assume passing of Initiative 21-0043 raising minimum wage to $18 per hour Effective 07/01/2024
Position Title Bargaining Unit
Hourly (2080/yr)
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Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: INTRODUCTION OF AN ORDINANCE (1) AMENDING
CHAPTER 17.28 (SPECIAL PURPOSE ZONE AND OVERLAY
ZONE STANDARDS) OF TITLE 17 (LAND USE) OF THE

COTATI MUNICIPAL CODE TO ALLOW EXISTING

PLANNED UNIT DEVELOPMENTS (PUDS) TO BE

SUBDIVIDED, DEVELOPED, REDEVELOPED, OR MODIFIED

CONSISTENT WITH THE UNDERLYING ZONING DISTRICT
DEVELOPMENT STANDARDS, AND (2) REZONING

MULTIPLE PROPERTIES TO BE CONSISTENT WITH THEIR

GENERAL PLAN LAND USE DESIGNATIONS
Date: July 9, 2024
Written by: JP Harries, Senior Planner
Recommendation
It is recommended by staff and the Planning Commission that the City Council introduce the attached ordinance (1) amending Chapter 17.28 (Special Purpose Zone and Overlay Zone Standards) of Title 17 (Land Use) of the Cotati Municipal Code to allow existing Planned Unit Developments (PUDs) to be subdivided, developed, redeveloped, or modified consistent with the underlying zoning district development standards, and (2) rezoning multiple properties to be consistent with their General Plan land use designations.

Project Description
The purpose of the proposed ordinance is to bring Cotati’s zoning regulations and zoning map into consistency with the Cotati General Plan and the land use designations shown on Figure 7-1 of the General Plan (See Exhibit A). This action is identified as a higher priority implementation action in the Cotati General Plan (Action LU 1a) and is required by California Government Code Section 65860.

The proposed ordinance also amends Chapter 17.28 (Special Purpose Zone and Overlay Zone Standards) of the Cotati Municipal Code by adding a new section to Chapter 17.28 that defines Planned Unit Developments (PUDs) and allows for existing PUDs to be subdivided, developed, 117 of 349
redeveloped or modified consistent with the development standards of the underlying zoning district. This amendment eliminates the need to rezone a PUD to the underlying zoning district if a project sponsor desires to subdivide, develop, redevelop, or modify an existing PUD in conformance with the development standards of the underlying zoning district (and in conformance with the Cotati General Plan land use designation), but not necessarily in conformance with the development standards of a previously approved PUD.

Background
The City’s current zoning map (see Exhibit B) was adopted in 2005 and modified in 2009 after adoption of the Downtown Specific Plan. Since then, there have been only minor changes to the zoning of individual parcels as various development projects, that may have included a change in zoning, were reviewed and approved by the City Council.

In June 2005, the City adopted a revised Land Use Code. The City of Cotati Land Use Code carries out the policies of the Cotati General Plan by classifying and regulating the uses of land and structures within the city, consistent with the General Plan. The 2005 revised Land Use Code included many changes to the previous code, but pertinently removed the provisions that allowed for development of new PUD zoning districts. A PUD zoning district is created via an ordinance approved by the City Council and establishes a zoning overlay to the underlying primary zoning district. The purpose of a PUD zoning district, which is project and parcel specific, is to allow for the inclusion of a mixture of uses, building intensity, or design characteristics within its boundaries that would not normally be permitted within the underlying primary zoning district.

On March 24, 2015, the Cotati City Council adopted the Cotati General Plan update, which is the current General Plan that governs City growth and development. As a part of the update there were changes to the General Plan land use map that included changes to the land use designation of certain properties within the City of Cotati. At the same meeting on March 24, 2015, the City of Cotati certified the Final Environmental Impact Report (FEIR) for the Cotati General Plan update (SCH# 2013082037).

On March 28, 2023, the City of Cotati adopted the City of Cotati 2023-2031 Housing Element update, which includes obligatory programs to facilitate the development of housing, streamline the permitting process, and remove governmental constraints to housing development. The Housing Element was certified by the State Department of Housing and Community Development on June 2, 2023. In conjunction with the approval of the 2023-2031 Housing Element update, the City approved an addendum to the FEIR for the Cotati General Plan on March 28, 2023.

On June 17, 2024, the Cotati Planning Commission reviewed the proposed ordinance. The Commission asked questions about the General Plan adoption process and public involvement.

The Commission also noted that the PUD amendment would efficiently address future zoning issues similar to those that recently occurred with the Cotati Village site. The Commission voted 4-0 (with one absence) to recommend City Council approval of the ordinance. 118 of 349
Analysis/Discussion
Purpose of zoning
Every city in California has an existing zoning ordinance. Zoning regulations are one of the primary tools that a city utilizes to implement a General Plan. A zoning or land use code translates the goals and policies of a General Plan into parcel specific regulations, including land use regulations and development standards. The type and intensity of land uses that are permitted and how they perform are critical to achieving a General Plan’s vision for neighborhood preservation and enhancement, economic development, and community health. Zoning regulations should clearly communicate and effectively implement the General Plan’s policies and incorporate its direction for the development, maintenance, and improvement of land and properties within the City’s boundaries.

Rezoning of certain properties to be consistent with their General Plan land use designations In general, zoning is the division of a city into districts and the application of different regulations within each district. A parcel’s particular zoning district, and its corresponding representation on a city’s zoning map, is derived from the City’s General Plan. The General Plan provides a land use designation for each parcel in the City. The General Plan land use designation describes the desired general character of the land. A parcel’s zoning includes the specific regulations that promote the desired character. Further, a parcel’s zoning district must be consistent with a city’s General Plan land use designation pursuant to California Government Code Section 65860.

For example, within Cotati, a parcel with a General Plan land use designation of LMDR (Low/Medium Density Residential) must be zoned NL (Neighborhood, Low Density). The NL zoning district, and its associated development standards and use regulations, implements the vision and goals of the LMDR land use designation set forth and described in the General Plan.

Below are Cotati’s General Plan land use designations and their corresponding zoning districts:

General Plan Land Use Designation Corresponding Zoning District A – Agriculture N/A - No applicable lands are currently within Cotati’s jurisdictional boundaries, but
designated lands fall within Cotati’s Urban
Growth Boundary and Sphere of Influence.

RR - Rural Residential RR – Rural Residential
(RR = 1 dwelling unit (du)/1.5 acres)
(RR-1 = 1 du/acre)
LDR - Low Density Residential RVL – Residential, Very Low Density (RVL = 1 du/0.5 acre)
(RVL-.66 = 1 du/0.66 acre)
LMDR - Low/Medium Density Residential NL – Neighborhood, Low Density (4-6 du/acre)
MDR - Medium Density Residential NM – Neighborhood, Medium Density (8-10 du/acre)
HDR - High Density Residential NU – Neighborhood, Urban (12-15 du/acre)
GC - General Commercial CE – Commercial, East Cotati Ave Corridor 119 of 349
CG – Commercial, Gravenstein Corridor
CD – Downtown, Commercial
(Mixed-use residential = 12-15 du/acre)
OSP - Open Space/Parks OSC – Open Space, Conservation
OSR – Open Space, Recreation
PF - Public Facilities PF – Public Facility
CI - Commercial Industrial CI – Commercial/Industrial District IG – General Industrial District
(Live/work = 15 du/acre max)
SP - Specific Plan Specific Plan, Downtown
Specific Plan, Santero Way
(Allowable residential density is plan specific)

As a part of the General Plan update in 2015, there were changes to the General Plan land use map that included changes to the land use designation of certain properties within the City of Cotati. Pursuant to Government Code Section 65860(c), the City’s zoning ordinance and zoning map must be consistent with the updated General Plan’s land use designations - “In the event a zoning ordinance becomes inconsistent with the general plan by reason of amendment to the general plan, or to any element of the plan, then the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended.” The proposed ordinance will amend the zoning of multiple properties to reflect their General Plan land use designations. Some of the changes in the General Plan’s land use designations provide for increased densities on some parcels (ex. changing a parcel’s zoning from RR to RVL). However, most of the zoning changes in the proposed ordinance would implement General Plan land use designations that are intended to reflect and accommodate existing residential development patterns.

For example, several residential developments located along East Cotati Avenue, such as those located along Bay Tree Court, Green Leaf Lane, and Dyquisto Way are currently zoned CE (Commercial, East Cotati Ave Corridor). The Cotati General Plan designates these properties as MDR (Medium Density Residential) and thus directs the City to rezone those properties to NM (Neighborhood, Medium Density). This land use designation, and corresponding zoning, benefits the properties by allowing the existing residential properties to be developed, redeveloped, and modified in conformance with their existing residential density and use as opposed to commercial zoning regulations that may cause issues of non-conformity or restrictions on residential development potential.

The proposed ordinance would amend the Cotati Zoning Map and rezone the following properties to be consistent with the land use designations set forth and shown on Figure 7-1 of the Cotati General Plan (Exhibit A):

APN Address Zone Change
1 144-100-001 8028 Gravenstein Hwy RR to RVL (Southern portion) 2 144-100-002 8112 Gravenstein Hwy RR to RVL (Southern portion) 3 144-110-020 2501 Gilman Ranch Rd RR1 to RVL
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APN Address Zone Change
4 144-110-021 2101 Gilman Ranch Rd RR1 to RVL
5 144-110-022 1901 Gilman Ranch Rd RR1 to RVL
6 144-110-023 780 W Cotati Ave RR1 to RVL
7 144-110-024 782 W Cotati Ave RR1 to RVL
8 144-130-005 675 W Cotati Ave RR to RVL
9 144-130-013 645 W Cotati Ave RR to RVL
10 144-130-015 635 W Cotati Ave RR to RVL
11 144-130-020 693 W Cotati Ave RR to RVL
12 144-130-021 697 W Cotati Ave RR to RVL
13 144-130-022 683 W Cotati Ave RR to RVL
14 144-200-001 255 W Cotati Ave NL to NM
15 144-241-007 250/252 W Cotati Ave NM to NL
16 144-241-036 8113 El Rancho Dr NM to NL
17 144-241-037 8115 El Rancho Dr NM to NL
18 144-281-018 275 E Cotati Ave CE to NM
19 144-281-024 325 E Cotati Ave CE to NM
20 144-281-031 363-365 E Cotati Ave CE to NM
21 144-281-032 359-361 E Cotati Ave CE to NM
22 144-281-033 355-357 E Cotati Ave CE to NM
23 144-281-034 351-353 E Cotati Ave CE to NM
24 144-281-035 347-349 E Cotati Ave CE to NM
25 144-302-022 768 E Cotati Ave NM to NU (Southern portion) 26 144-302-050 766 E Cotati Ave NM to NU (Southern portion) 27 144-360-004 94 Charles St NM to NL
28 144-360-005 82 Charles St NM to NL
29 144-360-006 64 Charles St NM to NL
30 144-360-018 72/74 Charles St NM to NL
31 144-440-001 8622/8624 Cypress Ave RVL to NL
32 144-570-002 475 E Cotati Ave CE to NM
33 144-570-003 475 E Cotati #A CE to NM
34 144-570-004 475 E Cotati #B CE to NM
35 144-570-005 475 E Cotati #C CE to NM
36 144-570-006 475 E Cotati #D CE to NM
37 144-570-007 475 E Cotati #E CE to NM
38 144-570-008 475 E Cotati #F CE to NM
39 144-570-009 475 E Cotati #G CE to NM
40 144-570-010 475 E Cotati #H CE to NM
41 144-570-011 475 E Cotati #I CE to NM
42 144-720-001 1 Bay Tree Ct CE to NM
43 144-720-002 2 Bay Tree Ct CE to NM
44 144-720-003 3 Bay Tree Ct CE to NM
45 144-720-004 4 Bay Tree Ct CE to NM
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APN Address Zone Change
46 144-720-005 5 Bay Tree Ct CE to NM
47 144-720-006 6 Bay Tree Ct CE to NM
48 144-720-007 7 Bay Tree Ct CE to NM
49 144-720-008 8 Bay Tree Ct CE to NM
50 144-720-009 9 Bay Tree Ct CE to NM
51 144-720-010 10 Bay Tree Ct CE to NM
52 144-720-011 11 Bay Tree Ct CE to NM
53 144-720-012 12 Bay Tree Ct CE to NM
54 144-720-013 13 Bay Tree Ct CE to NM
55 144-720-014 14 Bay Tree Ct CE to NM
56 144-720-015 15 Bay Tree Ct CE to NM
57 144-720-016 16 Bay Tree Ct CE to NM
58 144-720-017 17 Bay Tree Ct CE to NM
59 144-720-018 18 Bay Tree Ct CE to NM
60 144-720-019 19 Bay Tree Ct CE to NM
61 144-720-020 20 Bay Tree Ct CE to NM
62 144-720-021 21 Bay Tree Ct CE to NM
63 144-720-022 22 Bay Tree Ct CE to NM
64 144-720-023 23 Bay Tree Ct CE to NM
65 144-720-024 24 Bay Tree Ct CE to NM
66 144-720-025 25 Bay Tree Ct CE to NM
67 144-720-026 0 Bay Tree Ct CE to NM
68 144-720-031 3 Greenleaf Ln CE to NM
69 144-720-032 7 Greenleaf Ln CE to NM
70 144-720-033 9 Greenleaf Ln CE to NM
71 144-720-034 11 Greenleaf Ln CE to NM
72 144-720-035 13 Greenleaf Ln CE to NM
73 144-720-036 15 Greenleaf Ln CE to NM
74 144-720-037 17 Greenleaf Ln CE to NM
75 144-720-038 19 Greenleaf Ln CE to NM
76 144-720-039 21 Greenleaf Ln CE to NM
77 144-720-042 14 Dyquisto Way CE to NM
78 144-720-043 16 Dyquisto Way CE to NM
79 144-720-044 18 Dyquisto Way CE to NM
80 144-720-045 20 Dyquisto Way CE to NM
81 144-720-046 22 Dyquisto Way CE to NM
82 144-720-047 24 Dyquisto Way CE to NM
83 144-720-048 26 Dyquisto Way CE to NM
84 144-720-049 25 Dyquisto Way CE to NM
85 144-720-050 21 Dyquisto Way CE to NM
86 144-720-051 19 Dyquisto Way CE to NM
87 144-720-052 17 Dyquisto Way CE to NM
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APN Address Zone Change
88 144-720-053 15 Dyquisto Way CE to NM
89 144-720-058 13 Dyquisto Way CE to NM
90 144-720-059 11 Dyquisto Way CE to NM
91 144-720-060 12 Dyquisto Way CE to NM
Amendment to Chapter 17.28 - Planned Unit Developments (PUDs) Presently, PUDs are not defined or discussed in the current Land Use Code. The proposed ordinance amends Chapter 17.28 (Special Purpose Zone and Overlay Zone Standards) of the Cotati Municipal Code by adding a new section to Chapter 17.28 that defines Planned Unit Developments (PUDs) and allows for existing PUDs to be subdivided, developed, redeveloped or modified consistent with the development standards of the underlying zoning district.

As noted in the Background section above, prior to 2005 the City’s Land Use Code allowed for the development of PUDs. A PUD is a zoning overlay that is typically parcel- and projectspecific and allows for the inclusion of a mixture of uses, building intensity, or design characteristics within its boundaries that would not normally be permitted within the underlying primary zoning district. The ultimate form of a PUD can be very specific in terms of development and use standards and would typically be the result of negotiations between project proponents, the public, and City staff and officials. A PUD was approved, via a City Councilapproved ordinance, as a site-specific zoning amendment, and the provisions of the ordinance creating the PUD confer rights, and restrictions, that apply to the land.

The current Land Use Code, as required by state law, utilizes more objective standards for evaluating development proposals and the procedures for deviating from those standards (ex.

Objective Design Standards, State Density Bonus Law, Cottage Housing, etc.). There are no provisions in the current Cotati Municipal Code that allow for new PUDs.

The primary issue or concern for the City today is that the PUD zoning that has been historically applied to certain properties may conflict with the properties’ current land use designation defined by the General Plan and the corresponding standards for use and development. Under the current provisions of the Land Use Code, to change the development and use regulations of a PUD-zoned property an applicant must rezone the property. This, however, could conflict with State law which places the burden on the City to ensure all zoning citywide complies with the General Plan land use designations.

Additionally, Assembly Bill 821 recently passed, which, as of January 1, 2024, modified Government Code Section 65860 to state that if a zoning ordinance becomes inconsistent with the General Plan due to an amendment, and a local agency receives a development application that aligns with the General Plan but not the zoning ordinance, the agency must either amend the ordinance within 180 days or process the development application in conformance with the General Plan standards.

To address the requirements of state law, and to ensure that there are no zoning conflicts with existing PUDs and the City’s General Plan land use designations, the proposed ordinance would amend Chapter 17.28 of the Cotati Municipal Code by adding a new section to Chapter 17.28 123 of 349
that defines PUDs (which are not defined or discussed in the current Land Use Code) and allows for existing PUDs to be developed, redeveloped or modified consistent with the development standards of the underlying zoning district, as follows:

A PUD is considered an overlay to the underlying primary zoning district.

B. Applicability. New PUD districts are not permitted. All proposed developments must conform to the development
standards of the applicable zoning district as set forth in Title 17 of the Cotati Municipal Code.

C. Development Standards. The subdivision, site planning, building, development, and land uses of an existing PUD shall comply with the provisions of the ordinance that allowed for the establishment of the PUD. Alternatively, subdivision, site planning, building, development, and new land uses may comply with the development and use criteria of the current underlying primary zoning district. Rezoning is not required to subdivide, develop, redevelop, or modify an existing PUD in conformance with the development and use criteria of the underlying primary zoning district.

This amendment eliminates the need to rezone a PUD to the underlying zoning district if a project sponsor desires to subdivide, develop, redevelop, or modify an existing PUD in conformance with the underlying zoning district development standards (and the Cotati General Plan land use designation), but not necessarily in conformance with the previously approved PUD development standards.

General Plan Consistency
The amendment to Chapter 17.28 of the Cotati Municipal Code and the rezoning of certain parcels to be consistent with their General Plan land use designations, as set forth in this ordinance, is in the best interest of the City because it brings the zoning of parcels into consistency with the General Plan land use designations, as required by California Government Code Section 65860, and it is consistent with the Final EIR for the Cotati General Plan. The text amendment to the Cotati Municipal Code and zoning changes create certainty for the surrounding neighborhoods regarding development scenarios and provides clarity and 124 of 349
predictability to project sponsors.

This ordinance will further establish the goals, policies, and implementation programs of the General Plan. Specifically, these amendments are consistent with and implement the following General Plan Policies, Programs, and Actions:

Action LU 1a: Update the Zoning Map to be consistent with the land use designations shown on Figure 7.1.

Policy H-2.2: Continue to require that residential development in the NU, NM, CG, and DSP zones meet the minimum density requirements identified in the Land Use Code, and report requests for reduced density on an annual basis.

Housing Element Program 2-2: Streamlining Housing Development - Stakeholders from the development community identified streamlining, fast tracking, and providing clear development standards and expectations as the primary mechanisms to reduce governmental constraints to residential development.

Housing Element Program 2-7: Support Development of proposed projects.

Financial Considerations
Adoption of the ordinance is not expected to have an adverse fiscal impact on the City. Staff time to prepare the ordinance has been absorbed by the Community Development Department budget.

The staff time to review any future project on a rezoned or PUD-zoned parcel will be fully covered by the project applicant. It is possible that adoption of the ordinance could result in future cost savings to the City because the City will not be obligated to process a zoning amendment in the future (without cost-recovery) to address an inconsistency between the General Plan and the zoning code.

Environmental Issues
Pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, projects that are consistent with the development density of existing zoning, community plan, or General Plan policies for which an EIR was certified shall be exempt from additional CEQA analysis, except as may be necessary to determine whether there are project specific significant effects that are peculiar to the project or site that would otherwise require additional CEQA review.

This ordinance to allow subdivision, development, and modifications of PUDs in conformance with the underlying zoning and to rezone certain properties to be consistent with the land use designations set forth in the General Plan is, by its nature, consistent with the General Plan and its policies for which an EIR was certified. The zoning updates are consistent with the densities of the General Plan and there is no new information indicating that the impacts of the rezoning would be different or more severe than described in the FEIR for the General Plan that was certified on March 24, 2015, and its addendum analyzing the City of Cotati 2023-2031 Housing Element that was certified by the City Council on March 28, 2023 (SCH# 2013082037).

Therefore, pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 125 of 349
15183, the proposed ordinance is exempt from further CEQA review. 126 of 349
Exhibit A
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I2
I2
£¤101
£¤101

COTATI CREEK NORTH FORK

COTATI CREEK
COTATI
CREEK

SOUTH FORK

LAGUNA DE SANTA ROSA

MEACHAM RD
C
O
M
M
E

RCE BLV
D

SNYDER LN

SEED FARM DR

W RAILROAD AVE
ST
O
N
Y
POI
N
T
R
D

E COTATI AVE

COUNTRY
CLUB
DR

SANTA ALICIA DR

STONY POINT RD

REDWOOD DR

ROHNERT PARK EXPY

SOUTHWEST BLVD

OLD REDWOOD HWY
ADRIAN
DR

CAMINO COLEGIO

ENTERPRISE DR

AVRAM AVE

ROHNERT PARK EXPY
HWY 116

ARLEN DR

HUNTER DR

SOUTHWEST BLVD

ROBLAR RD E RAILROAD AVE

W SIERRA AVE

OLD REDWOOD HWY

E COTATI AVE
STATE
FARM
DR

LANCASTER
DR

ROSANA WAY

LACROSSE
CT

VALPARAISO AVE

JASMINE CIR
BAY
T
REE CT

FORD LN

GROVE ST

CYPRESS AVE

ISABEL DR

LORETTO AVE

HILLVIEW DR
MEADO
W

PINES AVE

C REEKCT

ROSS ST

ESTRELLA DR

WALNUT CIR

SANTA CRUZ WAY

JOHN ROBERTS DR

SONOMALN
LOMA
VERDE
LN

MINNESOTA AVE
W

COTATI AVE

ZARAGOZA ST

WILFORD LN

CIELO CIR

FIESTALN

COPELAND CREEK DR

MADRIGAL ST

MELODY DR

FORNOWAY

REDWOOD DR
K
RI S
TEN CT

LORDS MANOR WAY

RICHARDSON LN
VARDA
ST

GILMORE AVE

LIMAN WAY

MEDALLION WAY
MAR
BLE C

REEK DR

LINCOLN AVE

BOBBIE WAY

BERNICE AVE
SAN G

ABR EI L PL

GILBERT WAY

DERBY LN

LAS CASITAS DR

LIPTO N WAY

SAN BENITO DR

MADRONE AVE

EAGLE DR

LANDSDOWN CIR

PAGE ST

MANDOL NI WAY

BLAIR AVE
HAHN
WAY

MYRTLE AVE

LOMBARD WAY

ALMA AVE

CITY CENTER DR

MCGINNIS
CIR

MAURICE AVE

WATER RD

APPLE LN

ALDEN AVE

SAN ANTONIO DR

RACQU E T CLUB CIR

W SCHOOL ST

VERONDA AVE

LAURELWOOD
DR

WINDMILL FARMS DR

LA SALLE AVE

PARK AVE

BRIDGIT DR

E SCHOOL ST
AH L

STROM C IR

MARSH WAY

WREN DR
CIRCLE
DR

POPLAR AVE

LARK DR

ALDER AVE

ROMAN DR

MAGNOLIA AVE

FALCON DR

ALMOND ST
M

ACKL NI DR

CHARLES ST

ALISON AVE
BURTON
AVE
RIO
VISTA
LN

MIDDLEBROOK WAY

MAPLE DR

SAN FRANCISCO WAY

BLODGETT ST
SILVER
DR

COLLEGE VIEW DR

WILLIAM
ST

MASON DR
E

SIERRA AVE

LOCUST AVE

CAMINO CORONADO

SANTA BARBARA DR

JAGLA ST

W COTATI OAKS
CT

MADRIGAL DR

KEYT WAY

LANYARD CT

LASSEN CT

LYDIA CT

PORTAL ST

LINDEN AVE

MITCHELL DR
AD OB
E
LN

AARON ST

LYNNE CO

NDE WAY
BORIS
CT

HONOR PL

COTTONWOOD CT

HOUSER ST

ANSON AVE

BEVERLY DR

CHADWICK WAY

MAPLE AVE

ORETSKY
WAY

BARON DR

BARBI LN

CALA WAY

LUNAR CT
SAN RA
M
ON PL

LINDSAY AVE

BERNADETTE AVE

BRUCE AVE

BONNIE AVE

ADELE AVE

LEBEC LN

DORFMAN DR

BRENDA WAY

ROXANNE LN
A

GUIRRE WAY

BONITA AVE

MONTERO DR

LILAC WAY
SANTA
CLA
RA PL

ALTA AVE

LIBERTY AVE

MERCEDES WAY
FLA
MING
O RD

LUND HILL LN

OLSEN LN

CAMINO CORTO

LOWELL AVE

GRAVENSTEIN WAY

MERCANTILE DR
BATKIN
CT

LOS FELIZ

WILLOW AVE

PARKWAY DR

ISSEL LN
LO M
A
L
NI DA
D
R

SAN SIMEON DR

COHEN CT

CORINTH CT

LASKER LN

HENRY ST

LISBON CT

LABATH AVE
MACAW
CT

DELANO ST
SAN
M
ATEO
CT

CASTILLE CT

MEDICAL CENTER DR

MEGAN PL

AVENIDA CALA

JUNIPERDR

AMBER LN

GLADIE LN

CLOTHIER LN

BARRY CT

ARBOR CT

LAMONT CT

BERNICE CT

CARIOCA CT

LIANA CT

RUBY CT

RONDA ST

MONET PL

DYQUISTO WAY

RANCH VERDE

CAPRI WAY

CALCUTTA CT

LORRAINE CT

BREEN WAY

HIGHLAND AVE
ADRIAN
CT

ENTERPRISE DR

ALICANTE ST

LAREDO ST

LAKEWOOD AVE

LAGUNA DR

RASMUSSEN WAY

ROBIN AVE

EUCALYPTUS AVE

BRETT AVE

CORSICA CT

MARIGOLD PL

LARCH AVE

MIRAMONTE PL

SCHINDLER LN

PADRE PKWY

MARQUE DR

MATEO DR
LAU LN

DEBBIE HILL RD
KEPPEL
WAY

HELMAN LN

MADRONE PL

CLIFFORD ST

OAK VIEW CIR

OAK CIR

ALEXIS DR

CHAPMAN RD

JACARANDA ST

RUSTIC LN
SAN CA

RLOS CT

LOGAN PL
A
MBERW
O
OD ST

LOWELL CT

SYCAMORE LN

NELSON LN

CERVANTES CT

RED HILL CT

MOSS RD ALLAN AVE

ANNE WAY

CORNELL AVE

MILTON PL

SEQUOIA ST

OLOF ST

ARTHUR ST

GEORGE ST

FEHLER LN

AVA AVE

MATTICE LN

OLD REDWOOD HWY

GILMAN RANCH RD

BALMA LN

WILDBERRY LN

REDTAIL HAWK LN

BETH CT

BENSON LN

EL RANCHO DR

PINE LN

BELITA AVE

AIRPORT RD

RALEYS TOWNE CENTRE

OAK AVE

SAINT JOSEPH WAY

SANTERO WAY

FERN AVE

VALLEY HOUSE DR

CARLITA
CIR

CONIFER SQ

SUNFLOW ER
DR

WILFORD CIR

MATT E R I CIR

LA PLAZA

TERRACE DR

RYAN LN

CIVIC CENTER DR
UV116
Zoning
OSR - Open Space - Recreation
RR - Rural Residential
RVL - Residential Very Low Density
NL - Neighborhood, Low Density
NM - Neighborhood, Medium Density
NU - Neighborhood, Urban
CE - Commercial, East Cotati Corridor
CG - Commercial, Gravenstein Corridor
CD - Downtown Commercial
CI - Commercial/Industrial District
IG - General Industrial District
PF - Public Facility District
CA - Commerce Avenue
NG - Northern Gateway
LP - La Plaza
HC - Historic Core
SW - Santero Way
County Pre-Zoned Areas
Specific Plan Areas
Mobile Home Parks
City Limits
Urban Growth Boundary
I2 SMART Station
1 inch = 500 feet µ 0 500 1,000 2,000 3,000 4,000 Feet
Created June 2020
RVL-.66
RR-1
RR-1
RR-1
RR-1
Exhibit B
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ORDINANCE NO. 2024-_______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI (1) AMENDING CHAPTER 17.28 (SPECIAL PURPOSE ZONE AND OVERLAY ZONE STANDARDS) OF TITLE 17 (LAND USE) OF THE COTATI MUNICIPAL CODE TO

ALLOW EXISTING PLANNED UNIT DEVELOPMENTS (PUDS) TO BE SUBDIVDED,

DEVELOPED, REDEVELOPED, OR MODIFIED CONSISTENT WITH THE UNDERLYING ZONING DISTRICT DEVELOPMENT STANDARDS, AND (2)

REZONING MULTIPLE PROPERTIES TO BE CONSISTENT WITH THEIR

GENERAL PLAN LAND USE DESIGNATIONS
WHEREAS, the Cotati City Council adopted the Cotati General Plan update on March 24, 2015, and as part of the update there were changes to the General Plan land use map that included changes to the land use designation of certain properties within the City of Cotati; and WHEREAS, on March 28, 2023, the City of Cotati adopted the City of Cotati 2023-2031 Housing Element update, which includes obligatory programs to facilitate the development of housing, streamline the permitting process, and remove governmental constraints to housing development. The Housing Element was certified by the State Department of Housing and Community Development on June 2, 2023; and
WHEREAS, on March 24, 2015, the City of Cotati certified the Final Environmental Impact Report (FEIR) for the Cotati General Plan update, and in conjunction with the 2023-2031 Housing Element update the City of Cotati approved an addendum to the FEIR on March 28, 2023 (SCH# 2013082037); and
WHEREAS, Government Code Section 65860 requires a City’s zoning ordinance to be consistent with the General Plan. In the event a zoning ordinance becomes inconsistent with the General Plan by reason of amendment to the General Plan then the zoning ordinance shall be amended to be consistent with the General Plan pursuant to Government Code Section 65860(c); and
WHEREAS, in 2023, Assembly Bill 821 was passed and modified Government Code Section 65860 to state that if a zoning ordinance becomes inconsistent with the General Plan due to an amendment, and a local agency receives a development application that aligns with the General Plan but not the zoning ordinance, the agency must either amend the ordinance within 180 days or process the development application in accordance with objective general plan standards; and
WHEREAS, the purpose of this ordinance is to correct any inconsistencies that exist between the Cotati General Plan land use designations, the Cotati zoning map, and existing PUDs; and
WHEREAS, the purpose of Title 17 of the Cotati Municipal Code is to ensure that the General Plan may be implemented, and adoption of the changes to the Land Use Code and zoning map are necessary to implement the General Plan; and 141 of 349
WHEREAS, on June 17, 2024, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed ordinance. After reviewing and providing direction to staff, the Planning Commission voted to approve Resolution No. PC-2024-09 recommending City Council adoption of this ordinance; and WHEREAS, on July 9, 2024, the City Council held a duly noticed public hearing regarding this ordinance at which time the City Council received the staff report, reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding this ordinance prior to voting to introduce the ordinance.

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

SECTION 1. Recitals.

The foregoing 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 bases 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); (4) the City of Cotati 2023-2031 Housing Element Update and its related Addendum to the City of Cotati General Plan EIR; (5) all staff reports, city files, records, and other documents prepared for and/or submitted to the City Council; (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 City Council, 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 3. Amendment to the Cotati Municipal Code.

A new section, Section 17.28.070, is hereby added to Chapter 17.28 (Special Purpose Zone and Overlay Zone Standards) of the Cotati Municipal Code as follows:

17.28.070 Planned Unit Developments (PUDs)
A. Purpose. Prior to 2005, the City of Cotati’s Land Use Code contained provisions that allowed for the development of Planned Unit Development (PUD) zoning districts. The purpose of the PUD zoning district was to allow inclusion within its boundaries of a mixture of uses, building intensity, or design characteristics which would not normally be permitted within a standard zoning district. A PUD is considered an overlay to the underlying primary zoning district.
142 of 349
B. Applicability. New PUD districts are not permitted. All proposed developments must conform to the development
standards of the applicable zoning district as set forth in Title 17 of the Cotati Municipal Code.

C. Development Standards. The subdivision, site planning, building, development, and land uses of an existing PUD shall comply with the provisions of the ordinance that allowed for the establishment of the PUD. Alternatively, subdivision, site planning, building, development, and new land uses may
comply with the development and use criteria of the current underlying primary zoning district. Rezoning is not required to subdivide, develop, redevelop, or modify an existing PUD in conformance with the development and use criteria of the underlying primary zoning district.

SECTION 4. Rezoning of certain parcels and amendments to the City of Cotati Zoning Map.

Certain parcels within the City of Cotati are hereby rezoned to be consistent with the land use designations set forth and depicted in Figure 7.1 (General Plan Land Use Map) of the Cotati General Plan, as follows:

APN Address Zone Change
1 144-100-001
8028 Gravenstein
Hwy
RR to RVL (Southern
portion)
2 144-100-002
8112 Gravenstein
Hwy
RR to RVL (Southern
portion)
3 144-110-020
2501 Gilman Ranch
Rd RR1 to RVL
4 144-110-021
2101 Gilman Ranch
Rd RR1 to RVL
5 144-110-022
1901 Gilman Ranch
Rd RR1 to RVL
6 144-110-023 780 W Cotati Ave RR1 to RVL
7 144-110-024 782 W Cotati Ave RR1 to RVL
8 144-130-005 675 W Cotati Ave RR to RVL
9 144-130-013 645 W Cotati Ave RR to RVL
10 144-130-015 635 W Cotati Ave RR to RVL
11 144-130-020 693 W Cotati Ave RR to RVL
12 144-130-021 697 W Cotati Ave RR to RVL
13 144-130-022 683 W Cotati Ave RR to RVL
14 144-200-001 255 W Cotati Ave NL to NM
15 144-241-007 250/252 W Cotati Ave NM to NL
16 144-241-036 8113 El Rancho Dr NM to NL
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APN Address Zone Change
17 144-241-037 8115 El Rancho Dr NM to NL
18 144-281-018 275 E Cotati Ave CE to NM
19 144-281-024 325 E Cotati Ave CE to NM
20 144-281-031 363-365 E Cotati Ave CE to NM
21 144-281-032 359-361 E Cotati Ave CE to NM
22 144-281-033 355-357 E Cotati Ave CE to NM
23 144-281-034 351-353 E Cotati Ave CE to NM
24 144-281-035 347-349 E Cotati Ave CE to NM
25 144-302-022 768 E Cotati Ave
NM to NU (Southern
portion)
26 144-302-050 766 E Cotati Ave
NM to NU (Southern
portion
27 144-360-004 94 Charles St NM to NL
28 144-360-005 82 Charles St NM to NL
29 144-360-006 64 Charles St NM to NL
30 144-360-018 72/74 Charles St NM to NL
31 144-440-001
8622/8624 Cypress
Ave RVL to NL
32 144-570-002 475 E Cotati Ave CE to NM
33 144-570-003 475 E Cotati #A CE to NM
34 144-570-004 475 E Cotati #B CE to NM
35 144-570-005 475 E Cotati #C CE to NM
36 144-570-006 475 E Cotati #D CE to NM
37 144-570-007 475 E Cotati #E CE to NM
38 144-570-008 475 E Cotati #F CE to NM
39 144-570-009 475 E Cotati #G CE to NM
40 144-570-010 475 E Cotati #H CE to NM
41 144-570-011 475 E Cotati #I CE to NM
42 144-720-001 1 Bay Tree Ct CE to NM
43 144-720-002 2 Bay Tree Ct CE to NM
44 144-720-003 3 Bay Tree Ct CE to NM
45 144-720-004 4 Bay Tree Ct CE to NM
46 144-720-005 5 Bay Tree Ct CE to NM
47 144-720-006 6 Bay Tree Ct CE to NM
48 144-720-007 7 Bay Tree Ct CE to NM
49 144-720-008 8 Bay Tree Ct CE to NM
50 144-720-009 9 Bay Tree Ct CE to NM
51 144-720-010 10 Bay Tree Ct CE to NM
52 144-720-011 11 Bay Tree Ct CE to NM
53 144-720-012 12 Bay Tree Ct CE to NM
54 144-720-013 13 Bay Tree Ct CE to NM
55 144-720-014 14 Bay Tree Ct CE to NM
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APN Address Zone Change
56 144-720-015 15 Bay Tree Ct CE to NM
57 144-720-016 16 Bay Tree Ct CE to NM
58 144-720-017 17 Bay Tree Ct CE to NM
59 144-720-018 18 Bay Tree Ct CE to NM
60 144-720-019 19 Bay Tree Ct CE to NM
61 144-720-020 20 Bay Tree Ct CE to NM
62 144-720-021 21 Bay Tree Ct CE to NM
63 144-720-022 22 Bay Tree Ct CE to NM
64 144-720-023 23 Bay Tree Ct CE to NM
65 144-720-024 24 Bay Tree Ct CE to NM
66 144-720-025 25 Bay Tree Ct CE to NM
67 144-720-026 0 Bay Tree Ct CE to NM
68 144-720-031 3 Greenleaf Ln CE to NM
69 144-720-032 7 Greenleaf Ln CE to NM
70 144-720-033 9 Greenleaf Ln CE to NM
71 144-720-034 11 Greenleaf Ln CE to NM
72 144-720-035 13 Greenleaf Ln CE to NM
73 144-720-036 15 Greenleaf Ln CE to NM
74 144-720-037 17 Greenleaf Ln CE to NM
75 144-720-038 19 Greenleaf Ln CE to NM
76 144-720-039 21 Greenleaf Ln CE to NM
77 144-720-042 14 Dyquisto Way CE to NM
78 144-720-043 16 Dyquisto Way CE to NM
79 144-720-044 18 Dyquisto Way CE to NM
80 144-720-045 20 Dyquisto Way CE to NM
81 144-720-046 22 Dyquisto Way CE to NM
82 144-720-047 24 Dyquisto Way CE to NM
83 144-720-048 26 Dyquisto Way CE to NM
84 144-720-049 25 Dyquisto Way CE to NM
85 144-720-050 21 Dyquisto Way CE to NM
86 144-720-051 19 Dyquisto Way CE to NM
87 144-720-052 17 Dyquisto Way CE to NM
88 144-720-053 15 Dyquisto Way CE to NM
89 144-720-058 13 Dyquisto Way CE to NM
90 144-720-059 11 Dyquisto Way CE to NM
91 144-720-060 12 Dyquisto Way CE to NM
SECTION 5. General Plan Conformity.

The amendment to Chapter 17.28 of the Cotati Municipal Code and the rezoning of certain parcels to be consistent with their General Plan land use designations, as set forth in this ordinance, is in the best interest of the City because it brings the zoning of parcels into consistency with the General Plan Land Use Designations, as required by California Government 145 of 349
Code Section 65860, and it is consistent with the Final EIR for the Cotati General Plan. The text amendment to the Cotati Municipal Code and zone changes create certainty for the surrounding neighborhoods regarding development scenarios and provides clarity and predictability to project sponsors.

Action LU 1a: Update the Zoning Map to be consistent with the land use designations shown on Figure 7.1.

Housing Element Program 2-7: Support Development of proposed projects.

SECTION 6. Compliance with the California Environmental Quality Act (CEQA).

Pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, projects that are consistent with the development density of existing zoning, community plan, or General Plan policies for which an EIR was certified shall be exempt from additional CEQA analysis, except as may be necessary to determine whether there are project specific significant effects that are peculiar to the project or site that would otherwise require additional CEQA review.

The City Council finds that this ordinance to amend Chapter 17.28 of the Cotati Municipal Code to allow development, redevelopment and modifications of PUDs in conformance with the underlying zoning and to rezone certain properties to be consistent with the land use designations set forth in the General Plan is, by its nature, consistent with the General Plan and its policies for which an EIR was certified. The zoning updates are consistent with the densities of the General Plan and there is no new information indicating that the impacts of the rezoning would be different or more severe than described in the FEIR for the General Plan that was certified on March 24, 2015, and its addendum analyzing the City of Cotati 2023-2031 Housing Element that was certified by the City Council on March 28, 2023 (SCH# 2013082037). Therefore, pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, the proposed ordinance is exempt from further CEQA review.

SECTION 7: Construction and Severability.

It is the intent of the City Council of the City of Cotati to supplement applicable state and federal law and not to duplicate or contradict such law, and this ordinance shall be construed 146 of 349
consistently with that intent. 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 8: Effective Date.

This ordinance shall take effect thirty (30) days after its adoption pursuant to the California Government Code.

SECTION 9: Publication.

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

IT IS HEREBY CERTIFIED that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Cotati held on July 9, 2024, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

IT IS HEREBY CERTIFIED that the foregoing ordinance was duly adopted at a regular meeting of the City Council of the City of Cotati held on ___________, 2024, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
______________________________
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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 148 of 349
Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: INTRODUCTION OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COTATI AMENDING TITLE 17
(LAND USE) OF THE COTATI MUNICIPAL CODE TO

ESTABLISH OBJECTIVE DESIGN STANDARDS FOR

MULTIFAMILY PLEX HOUSING AND SINGLE FAMILY

HOUSING AND TO MAKE UPDATES TO FACILITATE

HOUSING DEVELOPMENT
Date: July 9, 2024
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 Title 17 of the Cotati Municipal Code to establish objective design standards for multifamily plex and single family housing, and to make updates to facilitate housing development.

Background
An abundance of State legislation over the past several years has reshaped the way that local jurisdictions review and approve housing development projects. New State laws, aimed at addressing the state’s housing crisis, have reduced local control over development, in terms of both setting standards, and approval processes and timelines. In particular, legislation such as Senate Bill (SB) 35, effective since 2018, has created the need for “objective standards” that do not allow for any subjective judgement by staff or decisionmakers when reviewing housing projects. Over the past few years, objective design standards (ODS) have become common for nearly all land use regulation that relates to multifamily housing. This is particularly true when a developer invokes State housing laws that restrict the enforcement of local land use standards and/or the City’s review process of a housing development.

The City of Cotati responded to SB 35 with development of Multifamily Objective Design Standards (MODS) specific to SB 35 projects, which also require streamlined, or expedited, review. State law and the Cotati Municipal Code (CMC) define “multifamily” as any residential structure containing two or more dwelling units. In practice, the MODS is now applied to any multifamily housing development review in the city (except those using the Cottage Housing Ordinance), regardless of whether the project proposes the use of SB 35, due to the larger trend toward objective standards described above.
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It should be noted that State legislation has also provided a number of ways for developers to circumvent local development standards, including: SB 35 (reduced parking), the State Density Bonus (increased density, reduced parking, waiver of city standards), SB 9 (increased density, change in allowed uses, and reduced parking, setbacks, and minimum lot sizes), accessory dwelling unit (ADU) law (increased density, reduced parking and setbacks), SB 684 (reduced parking, setbacks, and minimum lot size), SB 2097 (no parking minimums within ½ mile of rail transit stations), and more. This has shifted the housing development landscape in terms of local control and in planning and zoning norms as local governments adjust to keep their standards relevant and legal.

The City’s 2023-2031 Housing Element Update includes policies and actions to increase the housing supply in Cotati. Specifically, the Housing Element (HE) includes Program 2-2, “Streamlining Housing Development,” which includes an action item to expand the City’s existing MODS for Senate Bill 35 multifamily housing projects to apply to all multifamily projects as well as single family homes and mixed-use projects. HE Program 2-4 also identifies the need to promote development of “plex” or “missing middle” housing. In addition, the City Council has directed staff to prioritize the creation of plex housing ODS for the current fiscal year. “Plex” housing refers to multifamily housing developments that include two to nine units total in a single building or across multiple buildings, such as duplexes, triplexes, fourplexes, townhouses, and courtyard apartments. These housing types are also referred to as “Missing Middle.”
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On May 28, 2024, the Planning Commission and City Council held a joint public workshop to review options for codification of objective design standards (ODS) for multifamily plex and single family housing, and Land Use Code (CMC Title 17) amendments that would facilitate housing development in Cotati. The May 28, 2024, workshop staff report includes additional background information and can be found at https://cotaticity.primegov.com/public/portal. At the workshop, the Planning Commission and City Council members directed staff to develop a draft ordinance that included all of the options presented and discussed at the workshop, with several minor revisions, which will be discussed below.

The draft ordinance was reviewed by the Planning Commission at a public hearing on June 17, 2024. The Commission voted unanimously to adopt a resolution recommending that the City Council adopt the ordinance, with one revision requesting clarification that a project that qualifies for the State Density Bonus may request a waiver of the maximum unit size development standard as one of its allowed incentives and concessions.

Analysis/Discussion
The draft ordinance to establish Plex Housing ODS and Single Family ODS developed by staff represents a synthesis of the City’s existing design standards and regulatory framework, State legal requirements, community input, and Planning Commission and City Council direction into a cohesive set of proposed standards for these housing types. Several amendments to the existing MODS for consistency with the Plex and Single Family ODS are also proposed. The draft ordinance also includes several proposed amendments to the Land Use Code to facilitate housing development. The provisions of the draft ordinance are summarized below, and a redline/strikethrough version of the proposed Code amendments is included in Attachment A.

Proposed Standards for Plex ODS
The proposed Plex ODS are similar or identical to the MODS across a number of standards.

However, some changes are warranted to address the reduced scale and number of units of plex development relative to larger multifamily developments. Other aspects of the Plex ODS address the unique nature of this housing type as a middle ground in terms of housing affordability.

Specific provisions in the draft ordinance include:
• Similar to MODS, orientation of unit entryways, porches/stoops, windows toward street, and street-facing parking not allowed
• Maximum 3 story (35-feet) height; 3rd story set back 30’ from single family homes in lower-density zoning districts
• Maximum street-facing façade width 50’ (in the May 28 workshop, 75’ was presented; staff have determined that 50’ is more consistent with the smaller scale of plex housing). • Architectural design: Follow MODS’ emphasis on traditional cottage or bungalow style design and specific architectural details such as low-pitched roofs, deep eaves, exposed rafters, usable front porches. (While the existing MODS specifically refers to “Craftsman” design, staff feel that this is too limiting, and does not accurately reflect Cotati’s architectural style, which is a mix of Farmhouse, Mission, Victorian, Colonial, and California Craftsman. The phrase “traditional residential architectural styles” is recommended for use throughout the ODS.)
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• Maximum unit sizes, to encourage smaller units which are likely to be less expensive to rent/buy (“affordability by design”). In response to feedback received at the workshop, the draft ordinance requires that at least 80% of units in a development meet the following maximums:
o Studio units: 600 sqft
o 1 bedroom units: 900 sqft
o 2 bedroom units: 1,200 sqft
o 3 bedrooms units: 1,500 sqft
o 4+ bedroom units: 1,800 sqft
Attachment B, Dwelling Unit Size Comparison, provides unit sizes for several existing and proposed development projects, for reference.
• Site design and accessory elements similar to MODS, except for reduced usable open space requirement of 100 sqft per unit (MODS requires 150 sqft), and no common amenities required
Proposed Standards for Single Family ODS
As with the MODS and Plex ODS, the single family (SF) ODS should set design standards that reflect and reinforce Cotati’s character. However, some flexibility in design features is desirable to accommodate individual homeowner budgets and tastes. The draft ordinance includes the following requirements:
• Primary entry to home clearly visible from street, with open porch of minimum six by eight feet in size
• Echo MODS and Plex ODS in exterior materials: Wood or concrete-based wood siding or shingles, stucco, brick, and/or stone. In response to comments at the workshop, plywood siding with vertical wood battens has been added to all three ODS to increase builder options and affordability of construction.
• Maximum garage façade width 25’
• Uninterrupted blank walls limited to 20’ length
• Maximum 40% of front setback area paved
• Comply with at least 5 of the following:
o Low pitched roof
o Deep eaves with exposed roof beams
o Triangular knee brace supports, extended or decorative roof beams o Divided light windows
o Double hung, single hung, casement, or fixed windows with wide wood trim o Entry door with recessed panels or glazing, with wide wood trim o Ground floor raised twelve to thirty inches above grade o Porch roof supported by wide columns
o Upper story walls of house set back from first story by at least thirty-six inches o Parking behind dwelling (not visible from street)
Proposed Amendments to MODS
Several changes are proposed to clarify the existing MODS and increase consistency with the other ODS:
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• Clarify that MODS applies to all multifamily projects of 10 units or more, and not exclusively SB 35 projects
• Add stoops as an alternative to porches in Neighborhood Urban (NU) zoning district • Refer to “traditional residential architectural styles” design rather than Craftsman style • Add requirement for porches to be enclosed by railing or low wall, for a more finished look
• Require that a minimum 10% of units be single-story and designed for accessibility • Remove prohibition on removal of heritage trees—this is redundant with the requirement for a tree removal permit that is already stated in the tree preservation ordinance and is not grounds to deny a project based on objective standards.

Following the May 28, 2024 workshop, the architectural design-specific standards of the existing MODS and proposed Plex and Single Family ODS were reviewed by the City’s contract architectural consultant for feasibility and consistency with common construction practices. No changes to the proposed standards were recommended.

Additional Code Amendments to Facilitate Housing Development In order to facilitate housing development overall and plex housing development in particular, the draft ordinance proposes updates to a number of development standards in the Land Use Code, as summarized below and shown in the redline code amendments in Attachment A.

1. Update allowed uses to be consistent with zoning district descriptions: This change would simplify the tables to reduce the number of different residential uses, and allow plex housing by-right in the NL, NM, and NU zoning districts, and multifamily of 10+ units in the NM district, in keeping with Section 17.30.20 Purposes of the zoning districts:
a. NL (Neighborhood, Low Density) Zoning District is applied to areas developed with and appropriate for neighborhoods of detached and attached single-family homes, and duplexes, including limited neighborhood retail uses and related compatible uses.
b. NM (Neighborhood, Medium Density) Zoning District is applied to areas appropriate for a variety of housing types, including small lot single-family housing, and various types of multifamily housing (for example, duplexes, townhouses, and apartments), limited neighborhood retail uses, and related compatible uses.
c. NU (Neighborhood, Urban) Zoning District is applied to areas appropriate for a variety of higher-density housing types, including all types of multifamily housing, neighborhood serving commercial uses, and related compatible uses.

In addition, it is proposed to require a Use Permit for a duplex in the NU district, with a finding that such development does not preclude further development of the property with additional dwelling units in the future. This is currently a requirement for single family homes in NU and NM. (Section 17.22.020 Allowed Uses Tables 2-2, 2-3, 2-4) (A Map of Cotati’s Zoning districts is included as Attachment C.) 153 of 349

2. Reduce minimum parcel size and width in the NM, NU, Commercial East Cotati Avenue Corridor (CE), and Commercial Gravenstein Corridor (CG) districts to increase feasibility of development of plex housing and small-lot subdivisions. (Section 17.24.020 Table 2-4)

3. Reduce or adjust setbacks to increase housing development feasibility as follows (Section

17.24.030):
a. NL: Side interior from 5’ on one side and 7’ on the other, to 5’ on both sides; zero setback required between rowhouse units
b. NM: Front from 20’ to 15’; side interior to be 5’ for plex housing; rear from 20’ to 15’
c. NU: Side interior to be 5’ for plex housing, and from 10’ at first floor and 15’ at upper floors to 5’ and 10’ respectively for multifamily of 10+ units and nonresidential; street side and rear from 15’ to 10’
d. Downtown Commercial (CD): Side interior to be 5’ for plex housing

4. Remove pavement from lot coverage calculations. Cotati is unique in including pavement in lot coverage, and doing so may unduly challenge plex and multifamily development. (Section 17.24.030)

5. Establish maximum dwelling unit sizes for all residential or mixed-use development in certain zoning districts to encourage development of smaller units which are more “affordable by design” as well as more units overall per property (Section 17.24.030). In response to feedback received at the workshop, the draft ordinance requires that at least 80% of units in a new development meet the following maximums:
a. NM and CD zoning districts: 2,200 sqft
b. NU zoning district: 2,000 sqft
c. All other zoning districts (RR, RVL, NL, DSP districts): No dwelling unit size maximums proposed in draft ordinance
Attachment B, Dwelling Unit Size Comparison, provides unit sizes for several existing and proposed development projects, for reference.

6. Allow uncovered parking spaces and driveways to occupy the interior side or rear setback area if a minimum 30” landscaped strip for parking spaces, and 12” landscaped strip for driveways, is maintained alongside property line in order to increase developable area of smaller lots. (Sections 17.30.020(E)(3) and 17.36.090(A))

7. Increase the allowable projection of porches, stoops, and associated stairs into the front setback to 5’ for all uses to increase developable area of smaller lots. (Section

17.30.020(F) Table 3-1)

8. In accordance with Housing Element Program 3-1, set minimum automobile parking requirements for multifamily housing to be consistent with those allowed by the State Density Bonus, as follows (Section 17.36.050(A) Table 3-7). In response to feedback received at the workshop, the draft ordinance includes a requirement that projects 154 of 349
providing parking at a level equal to less than 1.5 spaces per unit (average for the development) shall submit a parking management plan with their planning permit application. Specific measures to limit neighborhood impact though the parking management plan would be determined for each project through the Conditions of Approval process.
a. Studio and one-bedroom units: 1 space
b. Two- and three-bedroom units: 1.5 spaces
c. Four+ bedroom units: 2 spaces

9. Remove the requirement for covered automobile parking for residential uses to reduce cost of housing development (Section 17.36.050(A) Table 3-7).

10. Adjust required bicycle and motorcycle parking ratios in order to compensate for potential reduced automobile parking based on #8 above, and clarify bicycle parking design, layout, and location standards. (Section 17.36.070) These proposed amendments were added by staff following the May 28, 2024 workshop.

11. Extend the possibility of shared parking with a Use Permit between adjacent residential and non-residential uses; allow shared parking within mixed use projects; allow a portion of required residential parking to be allowed on-street with Use Permit approval; and allow consideration of parking reductions based on review of quantitative information regarding parking needs and impacts, to allow more developable area for housing in certain projects. (Section 17.36.080(A), (B), (E), and (F))

12. Allow flexibility in driveway width to access parking in a plex property, to maximize buildable lot area. (Section 17.36.090(D) Table 3-9) At the May 28, 2024 workshop, staff proposed an 11’ wide driveway standard. In subsequent discussions with the Rancho Adobe Fire District (RAFD), it became clear that this would not be feasible. A range of options that RAFD considers workable is now included.

13. Clarify driveway spacing and dimensions for residential developments. (Section

17.36.100(B) and (C)) Add definitions for driveway and parking aisle, lot, space, and stall, which were previously not included in Code.

14. Exempt plex housing projects from including a woonerf to reduce cost of development and increase buildable area of smaller lots. (Section 17.36.100(F)) Note that the woonerf standards require a minimum of 80’ of driveway length (110’ if woonerf is off of an arterial street) which features no or minimal parking spaces, which due to smaller lot sizes may disqualify many plex developments from the woonerf requirement even if not exempted explicitly.

15. Update mixed use project standards (Section 17.42.100), residential accessory structures standards (Section 17.42.160), Design Review requirements (Section 17.62.040), and definition of “multifamily housing” (17.90.020) for consistency with other proposed Code amendments in the draft ordinance.
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16. Delete Section 17.42.120 Multifamily and small-lot single family projects, as all provisions of this section are proposed to be included in the ODS Code and other sections.

17. Apply architectural design standards of proposed Plex ODS to Cottage Housing projects. (Section 17.42.12)

18. Repeal the 1990 Residential Design Criteria, as they are replaced with the ODS.

Planning Commission Review and Recommendation
The Planning Commission held a public hearing on June 17, 2024 to review the draft ordinance.

While supportive of the draft ordinance, the Commission expressed concerns about two issues related to implementation of the proposed code changes:

1. Flexibility for developers related to the proposed unit size maximums: The Commissioners found the proposed application of those maximums to only 80% of the units in a development to be helpful, but asked staff for suggestions for further flexibility, particularly if a development provides affordable units. Staff responded that projects providing a certain number of affordable units may qualify for the State Density Bonus, which provides a process for developers to request relief under specific circumstances from a certain number of development standards, which could include maximum unit sizes. The Planning Commission found this approach satisfactory and amended the recommending resolution to request that this option be made available to developers.

However, a code amendment to this effect is not necessary, as State Density Bonus law already provides this overriding provision which developers may use for qualifying projects.

2. Requirement for parking management plan:
a. In response to comments at the May 28 workshop requesting that a parking management plan be required, staff included this requirement for projects providing the minimum level of parking at the proposed new parking ratios.

However, the Commissioners expressed concern that this threshold might be too low. Accordingly, staff have changed the recommended code amendment in the ordinance to a threshold of 1.5 parking spaces or less (averaged across the development) as triggering the requirement to submit a parking management plan. b. The Planning Commissioners expressed concern about what the parking management plan would entail and how much staff time might be required for review and ongoing management. Staff responded that the parking management plan would be a submittal requirement with the planning approval application, but that individual project requirements would be determined through the Conditions of Approval process in order to minimize the neighborhood impact of each specific project. One key tool, for instance, particularly for larger multifamily 156 of 349
projects, might be a requirement for an on-site property manager who would be responsible for monitoring and enforcing rules associated with parking use.

The Commission voted unanimously to adopt a resolution recommending that the City Council adopt the ordinance, with one revision requesting clarification that a project that qualifies for the State Density Bonus may request relief from the maximum unit size development standards, if such waiver or concession is available in compliance with State Density Bonus Law.

Financial Considerations
Except the staff time needed to prepare the draft ordinance, there are no direct financial impacts to the general fund associated with its adoption.

Environmental Issues
The proposed amendments to the Cotati land use code related to housing development are consistent with and implement the goals, policies, and objectives of the 2015 General Plan and the 2023-2031 Housing Element. Given this staff finds that the proposed ordinance 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 expectations 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 projectspecific significant effects which are peculiar to the project or its site. This focused analysis should be limited to potential environmental impacts of the project not anticipated or analyzed in the Cotati General Plan’s program level EIR. Staff finds that all adopted mitigating General Plan policies and mitigation measures identified in the 2015 General Plan EIR will address any potential environmental impacts of the proposed code changes. Further, project-specific environmental analysis of any future proposed housing development proposed under the amended Code will be required and will allow project-specific impacts not previously identified or anticipated to be addressed.
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ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI AMENDING TITLE 17 (LAND USE) OF THE COTATI MUNICIPAL CODE TO ESTABLISH OBJECTIVE DESIGN

STANDARDS FOR MULTIFAMILY PLEX HOUSING AND SINGLE FAMILY HOUSING AND TO

MAKE UPDATES TO FACILITATE HOUSING DEVELOPMENT
WHEREAS, on March 24, 2015, the Cotati City Council adopted its updated General Plan (Resolution No. 2015-12), which identifies the City’s vision for the future and provides a framework to guide decisions on growth and development consistent with the quality of life desired by Cotati citizens. On March 24, 2015, the Cotati City Council also certified the City of Cotati General Plan Environmental Impact Report (EIR), which reviewed potentially significant environmental effects resulting from the plan’s implantation and developed measures and policies to mitigate those impacts to less-than-significant levels; and WHEREAS, on May 24, 2023, the Cotati City Council adopted the 2023-2031 Housing Element Update to the General Plan (“Housing Element”), which includes goals and policies related to housing, including establishment of objective design standards for multifamily plex and single family housing, and facilitation of increased housing development; and
WHEREAS, as described in the Housing Element, Cotati’s population increased 4.4% between 2010 and 2020, compared to the population of Sonoma County as a whole, which increased only 1% between 2010 and 2020, and this growth may increase housing demand in Cotati; and WHEREAS, one of the purposes of Title 17 of the Cotati Municipal Code is to ensure that the General Plan, including the Housing Element, may be implemented, and adoption of changes to the Cotati Land Use Code are necessary to implement the General Plan with regard to its goals; and WHEREAS, one of the purposes of the Cotati Municipal Code is to codify which land uses are allowed and set the standards for said land uses in order to preserve the quality of life in Cotati; and WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, on May 28, 2024, the Planning Commission and City Council of the City of Cotati held a duly noticed joint meeting to discuss options for development of objective design standards for multifamily plex and single family housing as well as options to facilitate housing development, heard public comment, and provided direction to staff to develop a draft ordinance to amend CMC Title 17 (Land Use Code); and WHEREAS, on June 17, 2024, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed ordinance adopting amendments to establish objective design standards for multifamily plex and single family housing, and to make updates to facilitate housing development. After receiving the staff report, reviewing a presentation from the Planning Division, and considering all oral and written comments submitted to the City regarding the Ordinance, the Planning Commission voted to approve a resolution recommending adoption of the proposed ordinance; and WHEREAS, July 9, 2024, the City Council of the City of Cotati held a duly noticed public hearing on the proposed ordinance to establish objective design standards for multifamily plex and single family housing 158 of 349
and to make updates to facilitate housing development, received the staff report, reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the Ordinance prior to voting to introduce the Ordinance.

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, 2) the FEIR certified for the 2015 General Plan, 3) the 2023-2031 Housing Element Update adopted by the City Council in 2023, 4) the Mitigated Negative Declaration certified for the 2023-2031 Housing Element, and 5) all staff reports, City files and records, and other documents prepared for and/or submitted to the City Council related to adoption of the amendments to Title 17 (Land Use) of the Cotati Municipal Code to establish objective design standards for multifamily plex and single family housing, and to make updates to facilitate housing development.

SECTION 3: General Plan Consistency
The Council of the City of Cotati does hereby find that the amendments to Title 17 (Land Use) of the Cotati Municipal Code to establish objective design standards for multifamily plex and single family housing, and to make updates to facilitate housing development, as set forth in this Ordinance, are in the best interest of the City in that they will further established goals, policies, and implementation programs of the General Plan, including the Housing Element, to expand housing opportunities, conserve resources, and use land appropriately.

Specifically, these amendments are consistent with and implement the following Housing Element policies and programs:

Program 1-8: Residential Building Decarbonization: Continue to permit and encourage mixed uses and higher densities on in-fill and vacant sites in Priority Development Areas (PDAs) with public serving facilities, such as medical clinics, schools, and grocery stores, to discourage sprawl and encourage short vehicle trips and/or alternative forms of transportation.

Program 2-2: Streamlining Housing Development: Expand existing Objective Design and Development Standards for SB 35 projects to apply to multi-family, single-family and mixed-use projects.

Program 3-1: Zoning for a Variety of Housing Types: Amend the City’s Zoning Code to use the maximum parking requirements in Government Code Section 65915 (State Density Bonus) for all multifamily projects without the need for any developer request by December 2023.

In addition, these amendments are consistent with and implement the following General Plan 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 CON 3.10: Ensure that the layout and design of new development and significant remodels encourages the use of transportation modes other than automobiles and trucks.

Policy LU 1.1: Maintain a supply of developable mixed-use, commercial, industrial, and residential lands sufficient to meet desired growth and economic needs over the planning period. 159 of 349
Policy LU 1.1: Maintain a supply of developable mixed-use, commercial, industrial, and residential lands sufficient to meet desired growth and economic needs over the planning period.

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

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.

Policy LU 2.10: Encourage mixed-use, pedestrian-, and transit-oriented development, with a focus on the Hub and major corridors.

SECTION 4: Compliance with the California Environmental Quality Act.

The Council of the City of Cotati does hereby find that the proposed ordinance to amend Title 17 (Land Use) of the Cotati Municipal Code to establish objective design standards for multifamily plex and single family housing and to make updates to facilitate housing development is exempt from the California Environmental Quality Act as the proposed ordinance is consistent with the program Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update that was certified on March 24, 2015 (Resolution Number 2015- 11) and the Mitigated Negative Declaration certified for the 2023-2031 Housing Element (SCH # 2013082037) adopted and certified on June 2, 2023; that this ordinance is consistent with and implements the City’s adopted General Plan, including the 2023-2031 Housing Element, and no new environmental impacts peculiar to the project site(s) have been realized or identified, therefore no additional environmental analysis is required under CEQA Section 15183, and therefore pursuant to Section 15168 of the CEQA Guidelines, as such no further environmental review is required.

SECTION 5: Amendment to the Cotati Municipal Code. Section 17.22.020, Tables 2-2, 2- 3, and 2-4 are amended, as follows:

17.22.020 Allowable land uses and planning permit requirements.

Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Permit Required by District
Land Use(1)

OSC OSR RR RVL NL NM NU
Specific Use
Regulations
Residential Uses
Accessory dwelling unit – – P P P P P 17.42.170
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Caretaker quarters UP UP – – – – –
Cottage housing – – – – S S S 17.42.125
Home occupation – – P P P P P 17.42.080
Junior accessory dwelling unit – – P P P – – 17.42.170
Low barrier navigation center – – – – – – –
Mobilehome park – – UP UP UP UP UP 17.42.110
Mobile/manufactured home – – P P P P P 17.42.110
Multifamily Plex housing, 2 units – – – -- P P UP(4) 17.39.040 Multifamily Plex housing, 3 to 9 units – – – – P P P 17.39.040 Multifamily housing, 10 or more units – – – – – P P 17.39.030 Organizational house (sorority,
monastery, etc.)
– – – – – – UP
Residential accessory use or structure – – P P P P P 17.42.160 Residential care facility for the elderly
(RCFE)
– – UP UP UP UP UP
Residential care, 11 or more clients – – UP UP UP UP UP Residential care, 6 or fewer clients, in a
single-family dwelling
– – P P P P P
Residential care, 7 to 10 clients – – UP UP UP UP UP
Residential component of a mixed use
project
– – – – P P P 17.39.030,

17.39.040,

17.42.100
Rooming or boarding house – – – – – – UP
Single-family dwelling – – P P P UP(4) UP(4) 17.39.050
Supportive housing – – – – – P P
(4) Use permit approval shall require that the review authority first find that the location of a proposed singlefamily dwelling or two-unit multifamily plex development (duplex) on a parcel will not preclude future subdivision and/or development in compliance with the general plan and this Chapter.

Table 2-3
Allowed Land Uses and Permit Requirements for Mixed Use Corridors and Districts Permit Required by District
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Land Use(1) CE CG CD CI IG PF
Specific
Use
Regulations
Residential Uses
Accessory dwelling unit P P P – – – 17.42.170
Emergency/transitional shelter – – S – – S 17.42.072
Home occupation P P P – – – 17.42.080
Live/work unit UP UP P UP UP – 17.42.090
Low barrier navigation center P P – – – –
Residential care facility for the
elderly (RCFE)
UP MUP – – – UP
Residential care facility, 7 or more
clients
UP – – – – UP
Residential component of a mixeduse projectP P P – – – 17.39.030,

17.39.040,

17.42.100
Supportive housing P P – – – –
Table 2-4
Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts Permit Required by District
Land Use(1)
HC LP NG CA Specific Use
Regulations
Residential Uses
Accessory dwelling unit P P P P 17.42.170
Emergency/transitional shelter S S S S 17.42.072
Home occupation P P P P 17.42.080
Live/work unit P P P P 17.42.090
Low barrier navigation center P P P P
Multifamily housing S S S S 17.28.050
Residential component of a mixed-use project P P P P 17.28.050,

17.42.100
Residential care facility for the elderly (RCFE) – UP UP UP Residential care facility, 7 or more clients – UP – –
Supportive housing P P P P
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SECTION 6: Amendment to the Cotati Municipal Code. Section 17.24.020, Table 2-4 is amended as follows:

17.24.020 Zoning district subdivision and density standards.

Each subdivision and residential development project shall comply with the minimum parcel size and density requirements shown in Table 2-4 for the applicable zoning district.

Table 2-4
Parcel Size and Density Standards
Zoning Residential Density
District_Minimum
Parcel Size(1) Area(2) Width(1) Minimum Density Maximum Density OSC Determined through subdivision review 1 caretaker unit; no other residential allowed
OSR Determined through subdivision review No residential units allowed RR-1.5 1.5 acre 100 ft. N.A. 1 unit per 1.5 acres
RR-1.0 1 acre 100 ft. N.A. 1 unit per acre
RVL-0.66 0.66 acre 100 ft. N.A. 1 unit per 0.66
acres
RVL-0.5 0.5 acre 100 ft. N.A. 1 unit per 0.5 acres
NL 6,000 sq. ft.(4) 60 ft. 4 units per acre(3) 6 units per acre NM 4,000 sq. ft.(4) 50 ft. 8 units per acre(3) 10 units per acre NU 2,500sq. ft.(4) 40 ft. 12 units per acre(3) 15 units per acre CE 2,500 sq. ft.(4) 40 ft. 12 units per acre(3) 15 units per acre CG 2,500 sq. ft.(4) 40 ft. 12 units per acre(3) 15 units per acre CD 2,000 sq. ft.(4) 20 ft. 12 units per acre(3) 15 units per acre CI 10,000 sq. ft.(4) 100 ft. N.A. 15 units per acre
IG 10,000 sq. ft.(4) 100 ft. N.A. N.A.

PF Determined through subdivision review N.A. N.A.

SP Determined by applicable specific plan
SECTION 7: Amendment to the Cotati Municipal Code. Section 17.24.030, Tables 2-9 through 2-14 are amended as follows:

17.24.030 Zoning district site planning and building standards.

A. Zoning District Standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in the following tables, in addition to the applicable standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning, Design, and Operational Standards) of this title. 163 of 349
Table 2-9
NL Zone Standards
Development Standard NL Zone Requirement
Setbacks – Minimum setbacks required, as shown in Figure 2-9. See Section 17.30.020 for exceptions.

Front 20 ft.

Side – Interior (each) 5 ft.; none required between rowhouse units Side – Street side 10 ft.

Rear 20 ft.

Garage 10 ft. back from street-facing facade of main
structure, exclusive of porch.

Accessory structures See Section 17.42.160 (Residential accessory uses and structures)
Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Allowed frontage types Common yard, porch
Allowed encroachments See Section 17.30.020(F), Table 3-1 Site coverage – Maximum percentage of site area that may be covered by structures.

Maximum coverage 40%
Height limit – Maximum allowable height of structures. See Section 17.30.040 for height measurement, and height limit exceptions. See Figure 2-10.

Main structure 28 ft.

Accessory structures See Section 17.42.160
Table 2-10
NM Zone Standards
Development Standard_NM Zone Requirement
Setbacks – Minimum setbacks required, as shown in Figure 2-11. See Section 17.30.020 for exceptions.

Front 15 ft.

Side – Interior (each) 5’ for multifamily plex and nonresidential structures; 5’ for 1-story building walls and 10’ for 2-story and
higher building walls for multifamily structures of 10
or more units; none required between rowhouse units
Side – Street side 10 ft.

Rear 15 ft.
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Garage 10 ft. back from street-facing facade of main
structure, exclusive of porch
Accessory structures See Section 17.42.160 (Residential accessory uses and structures).

Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Allowed frontage types Common yard, porch
Allowed encroachments See Section 17.30.020(F), Table 3-1.

Site coverage – Maximum percentage of site area that may be covered by structures.

Maximum coverage 55%
Height limit – Maximum allowable height of structures. See Section 17.30.040 (Height limits and exceptions) for height measurement requirements, and height limit exceptions. See Figure 2-12.

Main structure 28 ft.

Table 2-11
NU Zone Standards
Development Standard NU Zone Requirement
Build-to-lines – Required separation of primary structure from specified property line, as shown in Figure 2-13.

See Section 17.30.020 for exceptions.

Front 15 ft.

Setbacks – Minimum setbacks required as shown in Figure 2-13. See Section 17.30.020 for exceptions.

Front See build-to-lines required above.

Side – Interior (each) 5 ft. for multifamily plex structures; 5 ft. for 1- story building walls and 10 ft. for 2-story and higher
building walls for multifamily structures of 10 or
more units and nonresidential structures; none
required between rowhouse units
Side – Street side 10 ft.

Rear 10 ft.

Garage 10 ft. back from street-facing facade of main
structure, exclusive of porch or stoop
Accessory structures See Section 17.42.160.
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Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Allowed frontage types Common yard, porch, forecourt, stoop Allowed encroachments See Section 17.30.020(F), Table 3-1.

Site coverage – Maximum percentage of site area that may be covered by structures.

Maximum coverage 75%
Height limit – Maximum allowable height of structures. See Section 17.30.040 for height measurement, and height limit exceptions. See Figure 2-14.

Main structure 35 ft.

Maximum dwelling unit size, exclusive of garage and
private outdoor space
2,000 sqft (gross floor area), applied to at least
80% of the dwelling units in a multifamily
residential or mixed use development
Accessory structures See Section 17.42.160.

Table 2-12
CE Zone Standards
Development Standard CE Zone Requirement
Build-to-lines – Required separation of primary structure from specified property line, as shown in Figure 2-15. See Section 17.30.020 for exceptions.

Front, street side 10 ft.

Setbacks – Minimum setbacks required, as shown in Figure 2-15. See Section 17.30.020 for exceptions.

Front See build-to-lines required above
Side – Interior (each) 10 ft. abutting a residential zone, none required otherwise
Side – Street side See build-to-lines required above
Rear 20 ft. abutting a residential zone, 10 ft. required otherwise
Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Allowed frontage types Porch, forecourt, stoop, shopfront Allowed encroachments See Section 17.30.020(F), Table 3-1 Site coverage – Maximum percentage of site area that may be covered by structures.

Maximum coverage 80%
Height limit – Maximum allowable height of structures. See Section 17.30.040 for height measurement, and height limit exceptions. See Figure 2-16.
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All structures 35 ft.; 45 ft. with use permit; or 45 ft. in compliance with Section 17.30.040(D)
Additional standards for the zone – Standards for buildings, site planning, and/or on-site activities in addition to the above. See Section 17.24.050 (Downtown and corridor frontages and facades).

Residential projects – Where allowed, ground-floor residential projects and mixed-use projects shall comply with the standards of the NU zone.

Table 2-13
CG Zone Standards
Development Standard CG Zone Requirement
Build-to-lines – Required separation of primary structure from specified property line, as shown in Figure 2-17. See Section 17.30.020 for exceptions.

Front, street side 0 ft.; except that the build-to-line along the Gravenstein frontage shall be 30 ft. from the
highway right-of-way.

Setbacks – Minimum setbacks required as shown in Figure 2-17. See Section 17.30.020 for exceptions.

Front See build-to-lines required above
Side – Interior (each) 10 ft. abutting a residential zone, none required otherwise.

Side – Street side See build-to-lines required above
Rear 20 ft. abutting a residential zone; 10 ft. required otherwise
Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Allowed frontage types Forecourt, stoop, shopfront, gallery Allowed encroachments See Section 17.30.020(F), Table 3-1 Site coverage – Maximum percentage of site area that may be covered by structures.

Maximum coverage 80%
Height limit – Maximum allowable height of structures. See Section 17.30.040 for height measurement, and height limit exceptions. See Figure 2-18.

All structures 35 ft.; 50 ft. with use permit; or 45 ft. in compliance with Section 17.30.040(D)
Additional standards for the zone – Standards for buildings, site planning, and/or on-site activities in addition to the above. See Section 17.24.050 (Downtown and corridor frontages and facades).

Residential projects – Where allowed, ground-floor residential projects and mixed-use projects shall comply with the standards of the NU zone.
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Table 2-14
CD Zone Standards
Development Standard CD Zone Requirement
Build-to-lines – Required separation of primary structure from specified property line, as shown in Figure 2-19.

See Section 17.30.020 for exceptions.

Front, street side 0 ft.; 15 ft. on Arthur, Charles, Henry, and William Streets, and East Cotati Avenue, in compliance with the La Plaza Specific Plan
Setbacks – Minimum setbacks required as shown in Figure 2-19. See Section 17.30.020 for exceptions.

Front See build-to-lines required above
Side – Interior (each) 5 ft. for multifamily plex structures and existing single family; 10 ft. for other uses abutting a residential zone; none required otherwise
Side – Street side See build-to-lines required above
Rear 10 ft.

Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Maximum coverage 100%
Height limit – Maximum allowable height of structures. See Section 17.30.040 for height measurement, and height limit exceptions. See Figure 2-20.

Maximum height 35 ft.; 50 ft. with use permit; or 45 ft. in compliance with Section 17.30.040(D)
Maximum dwelling unit size, exclusive of
garage and private outdoor space
2,000 sqft. (gross floor area) applied to at least 80% of the dwelling units in a multifamily residential or
mixed use development
Additional standards for the zone – Standards for buildings, site planning, and/or on-site activities in addition to the above. See Section 17.24.050 (Downtown and corridor frontages and facades).

SECTION 8: Amendment to the Cotati Municipal Code. Section 17.28.050(C) is amended as follows:

17.28.50 Specific plan, downtown (SPD) zoning district.

C. Development Standards. Subdivision, site planning, building and development standards are determined by the downtown specific plan.

SECTION 9: Amendment to the Cotati Municipal Code. Section 17.30.020(E)(3) and Table 3-1 are amended as follows:

17.30.020 Build-to-lines and setbacks.

E. Limitations on the Use of Setbacks.

3. Vehicle Parking and Storage. No setback shall be used for parking a motor vehicle, recreational vehicle (RV), boat, trailer, farm equipment, or other vehicle, except as provided by Section 17.36.090(A) of this title, and except that an operable automobile or truck of one-ton capacity or less, in regular use, may be 168 of 349
parked within a paved driveway that serves a single-family residence or two-unit multifamily plex development (duplex). A garage, carport, or any other structure for sheltering a parking space within the RR, RVL, NL, NM, or NU zoning districts shall comply with the setback requirements of the applicable zoning district, and the requirements of Section 17.42.160(F)(2) of this title.

Table 3-1
Allowed Projections Into Setbacks
Allowed Projection into Specified Setback
Projecting Feature
Front Setback Side Setback Rear Setback
Attached deck, landing, porch, stairway
– Uncovered, unenclosed, and less than 30
in. above grade
5 ft. May project to
property line
May project to
property line
Balcony, attached deck, landing, porch,
stoop, stairway – Which may be roofed but
is otherwise unenclosed
5 ft. 20% of side
setback(1)
20% of setback(1)
Balcony, attached deck, landing, porch,
stairway – Covered and enclosed
Not allowed in
setback
Balcony, attached deck, landing, porch,
stairway – Uncovered and unenclosed, 30
in. or more above grade
5 ft. 36 in.(1) 5 ft.(1)
Bay window, or similar projecting
feature
36 in. 20% of setback(1) 36 in.

SECTION 10: Amendment to the Cotati Municipal Code. Section 17.36.050(A)(1) and Table 3-7 are amended as follows, and Section 17.36.050(F)(3) is deleted:

17.36.050 Number of automobile parking spaces required. (Excerpt) Each land use shall be provided the number of off-street automobile parking spaces required by this section. See Section 17.36.070 for off-street parking requirements for bicycles and motorcycles.

A. Parking Requirements by Land Use.

Minimum automobile parking requirements shall not be imposed or enforced on a residential, commercial, or other development project, if the project is located within one-half mile of public transit, unless specific findings are made within thirty days of submittal to the city of a complete application, consistent with Government Code Section 65853.2. Multifamily residential developments providing no more than 1.5 parking spaces per dwelling unit (averaged across the total number of dwelling units) shall submit a parking management plan as part of the planning permit application(s) required by this land use code, describing how the provided parking will be sufficient to serve the parking needs of the proposed development without impacts to the surrounding neighborhood. 169 of 349
Table 3-7
Parking Requirements by Land Use
Accessory dwelling unit or junior accessory
dwelling unit
See Section 17.42.170 (Accessory dwelling
units/junior accessory dwelling units)
Live/work units 1 space for each unit
Multifamily housing
Studio units and onebedroom units1 space for each unit Two- and three-bedroom
units

1.5 spaces for each unit
Four-bedroom units and
above
2 spaces for each unit, or less as required by the
review authority
Guest parking 1 space for each 4 units
Organizational house 1 space for each bedroom
Residential care homes
Six or fewer clients 2 spaces
Seven or more clients 1 space for each 2 beds, plus 1 space for each 4 beds for guests and employees
Rooming or boarding houses 1 space for each bedroom
Senior housing projects 1 space for each two units, plus 1 guest parking space for each 10 units. Reduced parking may be provided in
compliance with Section 17.36.080(C). (Reduced
parking for senior housing projects)
Single-family dwellings including mobilehome units and
manufactured housing
2 spaces
F. Nonconforming Parking. A structure with nonconforming off-street parking may be physically changed or undergo a change in use subject to the following provisions:

3. Waiver by Commission. The commission may waive covered parking requirements when a nonconforming structure is proposed for rehabilitation if the commission determines, in compliance with Section 17.62.050 (Use permit and minor use permit), that the existing structure location, lot size, or topography renders the requirement infeasible or unnecessary.

SECTION 11: Amendment to the Cotati Municipal Code. Section 17.36.060(A) is amended as follows:

17.36.060 Disabled parking requirements.

A. Accessibility Requirements. Parking lots and facilities shall be designed to provide for access by the physically disabled from public rights-of-way, across intervening parking spaces, and into structures, including parking spaces specifically designed and located for the use of the disabled/handicapped, shall be required.

Standards for the facilities shall be based on the standards of the American Standards Association and/or other applicable guidelines.
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SECTION 12: Amendment to the Cotati Municipal Code. Section 17.36.070 is amended as follows:

17.36.070 Bicycle and motorcycle parking.

A. Bicycle Parking. Each multifamily residential development and nonresidential land use shall provide bicycle parking in compliance with this section.

1. Number of Bicycle Spaces Required.
a. Multifamily residential uses shall provide bicycle parking spaces equal to a minimum of one bicycle space for every four dwelling units or fraction thereof, with a minimum of two bicycle spaces. For multifamily developments of fourteen or more dwelling units, a minimum of seventy-five percent of bicycle parking spaces or fraction thereof shall be long-term parking and the remaining spaces may be short-term parking. The number of long-term bicycle parking spaces may be reduced by the review authority if dwelling units are provided with a private garage or private, ground-floor, enclosed storage space that will accommodate a bicycle.
b. Non-residential uses shall provide bicycle parking spaces equal to a minimum of one bicycle space for every ten automobile spaces or fraction thereof, with a minimum of two bicycle spaces. A minimum of twenty-five percent of bicycle parking spaces or fraction thereof shall be long-term parking and the remaining spaces may be short-term parking.

2. Bicycle Parking Design and Devices.
a. Short term bicycle parking spaces are typically in the form of bicycle racks. Bicycle racks must meet the following criteria:
i. Supports the bicycle upright by its frame in two places; ii. Prevents the wheel of the bicycle from tipping over; iii. Enables the bicycle frame and at least one wheel to be secured to the rack with a U-lock; iv. Rack is constructed of materials that resist cutting by manual tools such as bolt cutters, hand saws, abrasive cutting cables, and pipe cutters.
b. Long term bicycle parking protects the entire bicycle and its components from theft, vandalism, and inclement weather.
i. Bicycle lockers. A bicycle locker is a fully enclosed space for one bicycle, accessible only to the owner of the bicycle. A bicycle locker must be equipped with an internally mounted keyactuated or electronic locking mechanism, and not lockable with a user-provided lock. Groups of internal-lock bicycle lockers may share a common electronic access mechanism provided that each locker is accessible only to its assigned user. Bicycle lockers shall be constructed of molded plastic/fiberglass, solid metal, or perforated metal.
ii. Restricted-access bicycle enclosure. A restricted-access bicycle enclosure is a covered or indoor locked area containing within it one bicycle rack space for each bicycle to be accommodated and accessible only to the owners of the bicycles parked within it.

3. Bicycle Parking Space Location and Layout.
a. Short-term bicycle parking facilities that consist of permanently anchored bicycle racks shall be located in a convenient, highly visible, and well-lighted area within fifty feet of the primary entrance of each structure they are intended to serve, and within view of pedestrian traffic. b. Long-term bicycle parking facilities for tenant and occupant use shall be conveniently accessible by pedestrians from the street and shall be at least as convenient and close to building entrances as the nearest non-disabled automobile parking space.
c. All bicycle parking spaces provided shall be on a hard and stable surface. 171 of 349
d. All bicycle parking facilities shall be securely anchored to the surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft. e. All bicycle parking facilities within vehicle parking areas shall be separated by a curb or other physical barrier to protect bicycles from damage by automobiles and other moving vehicles. f. Short-term bicycle parking facilities are subject to and shall meet all the following requirements:
i. The facilities shall be located at least three feet away from any wall, fence, or other structure.
ii. When multiple short-term bicycle parking facilities are installed together in sequence, they shall be installed at least three feet apart and located in a configuration that provides space for parked bicycles to be aligned parallel to each other.
iii. The facilities shall be installed in a clear space at least two feet in width by six feet in length to allow sufficient space between parked bicycles, with minimum overhead clearance of seven feet.
iv. Permanently anchored bicycle racks shall be installed to allow the frame and one or both wheels of the bicycle to be securely locked to the rack.

B. Motorcycle Parking. Each parking lot with twenty-five or more automobile parking spaces shall provide motorcycle parking spaces conveniently located near the primary entrance of a structure, accessed by the same aisles that provide access to the motor vehicle parking spaces in the parking lot.

1. Number of Spaces Required. A minimum of one motorcycle parking space shall be provided for each twenty-five automobile spaces or fraction thereof.

2. Space Dimensions. A motorcycle parking space shall have minimum dimensions of four feet by seven feet.

SECTION 13: Amendment to the Cotati Municipal Code. Sections 17.36.080(A-E) are amended as follows:

17.36.080 Reduction of parking requirements.

A. Shared Parking. Where two or more adjacent uses have distinct and differing peak parking usage periods, (e.g., a theater and a bank), a reduction in the required number of parking spaces may be allowed by the review authority. Approval shall also require a parking management plan and recorded covenant running with the land, recorded by the owner of the parking facility, guaranteeing that the required parking will be maintained exclusively for the use or activity served for the duration of the use or activity, in compliance with Section 17.36.120 (Designation of off-site parking and loading spaces) of this chapter.

B. Reduction of Parking. The review authority may reduce the number of parking spaces required by Section

17.36.050 (Number of parking spaces required) of this chapter, based on quantitative information provided by the applicant that documents the need for fewer spaces (e.g., sales receipts, documentation of customer frequency, information on parking standards required for the proposed land use by other cities, etc.).

C. Reduced Parking for Restricted Senior Housing Projects. The review authority may reduce the number of parking spaces required by Section 17.36.050 (Number of parking spaces required) for senior housing projects, for persons aged fifty-five and over, based on quantitative information provided by the applicant that documents the need for fewer spaces for these types of residential development projects.

D. Shared On-Site Parking for Mixed Use Projects. The use of shared parking provisions shall be incorporated into mixed use projects in compliance with Section 17.42.100 (Mixed use projects).

E. Street or Public Parking Lot Parking for Residential Uses. A portion of the required parking for a residential use may be located on a public street or in a public parking lot with use permit approval. 172 of 349
SECTION 13: Amendment to the Cotati Municipal Code. Sections 17.36.090(A)(1), (A)(3), (A)(4), (B), (B)(1), (D), (F), and (H), and Table 3-9 are amended as follows:

17.36.090 Parking design and development standards.

Automobile parking areas shall be designed and constructed in compliance with the following standards:

A. Location of Parking. Off-street parking areas shall be located as follows:

1. Residential Parking. Parking for a residential use shall be located on the same property as each residential unit served, except for mixed use projects developed in compliance with Section 17.42.100 and projects developed with shared and/or street or public parking lot parking spaces in compliance with Section 17.36.080 of this title. Garage parking shall be located in compliance with the garage setback requirements of the applicable zoning district in Article 2 (Community and Project Design), and Section

17.42.160(F)(2) of this title. The location of parking shall also comply with the requirements of subsections (A)(3) of this section.

3. Parking Adjacent to Streets. No parking space or drive aisle shall be located between a building, and a public or private street, except for:

4. Parking Within Required Setbacks. No parking space or parking aisle shall occupy a required front or street side setback, with the exception that driveways that access parking spaces or garages for a singlefamily residence or a two-unit multifamily plex development (duplex) may also be used for parking. No driveway shall be located between a residential structure and the street in the street side setback of a corner lot, with the exception of a driveway accessing parking spaces or a garage to the rear of the residential structure directly from the side street. No residential parking space for a single-family dwelling shall occupy a required internal side or rear setback, except within an enclosed garage that complies with the garage setback requirements of Section 17.42.160(F)(2) of this title. See also Section

17.30.020(E)(3) of this title. Uncovered parking spaces or aisles for multifamily residential projects may occupy the rear or interior side setback, provided that a minimum thirty-inch-wide landscape area is maintained between the parking or aisles and the property line, and curbing or wheel stops are provided in compliance with Section 17.36.090(J) of this title.

B. Access to Parking. Access to parking shall be provided as follows for all parking areas other than for individual single-family residences and two-unit multifamily plex developments (duplexes). Site design shall minimize the amount of paved surfaces and driveway lengths while providing for safe and suitable access for vehicular circulation.

1. Parking areas shall provide suitable maneuvering area so that vehicles exit to a street in a forward direction. Parking lots shall be designed to prevent access at any point other than at designated access drives. Single-family residences and two-unit multifamily plex developments (duplexes) are exempt from this requirement.

D. Parking Stall and Parking Aisle Dimensions. Each parking stall and parking aisle for all land uses shall comply with the minimum dimension requirements in Tables 3-8 and 3-9, and as illustrated in Figure 3-11. Residential garages shall comply with the “Minimum Parking Stall Dimensions” in Table 3-8.

Table 3-9
Parking Aisle Width
Type of Parking Aisle Minimum Parking Aisle Width
Where the number of parking spaces to be served is less than four, or where vehicle movement is one-way
12 feet
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Where parking spaces for four or more cars are accessed by a two-way aisle, and:

17.30.060 (Outdoor lighting) of this title.

H. Parking Stall Striping and Identification. Parking stalls shall be clearly outlined with four-inch-wide lines painted on the parking surface. Car pool stalls shall be clearly identified for car pool use only. The striping and identification shall be continuously maintained in a clear and visible manner. Changes to any parking stall or lot shall require the prior approval of a re-striping plan by the director.

SECTION 14: Amendment to the Cotati Municipal Code. Sections 17.36.100(B), (C), and (F) are amended as follows:

17.36.100 Driveways and Site Access
B. Location of Driveways.

1. No driveway shall provide access to a site across a front property line in the CE, CG, and CD zoning districts unless no access to parking at the rear of the parcel can be obtained from an alley, street side property line, or across adjacent parcels.

2. Distance from Street Corner. No driveway shall be located less than one hundred fifty feet from the nearest street intersection, as measured from the centerline of the driveway to the centerline of the nearest travel lane of the intersecting street. A lesser distance may be approved by the city engineer for parcels with street frontages of less than one hundred fifty feet.

3. Driveway Spacing. Driveways shall be separated along the street frontage as follows:
a. Single-Family and Plex Multifamily Residential Development. Driveways shall be separated by at least six feet, unless a shared, single driveway is approved by the review authority, or a greater separation is required by the City Engineer. The six-foot separation does not include the transition or wing sections on each side of the driveway; and b. Multifamily and Nonresidential Development. Where two or more driveways serve the same or adjacent multifamily or nonresidential development, the centerline of the driveways shall be separated by a minimum of fifty feet. Exceptions to this standard shall be subject to the approval of the city engineer.

C. Driveway Width.

1. Single family dwellings. Each parcel with a single family dwelling (excluding accessory dwelling units) shall have a driveway with a minimum width of ten feet and maximum width of twenty feet. 174 of 349

2. Two-unit multifamily plex development (duplex). Each parcel with a duplex development (excluding accessory dwelling units) shall have a driveway with a minimum width of twelve feet and maximum width of twenty feet, or as determined by the fire marshal.

3. Three-unit multifamily plex development (triplex). Each parcel with a triplex development (excluding accessory dwelling units) shall have a driveway with a minimum width of sixteen feet and maximum width of twenty feet, or as determined by the fire marshal.

4. Multifamily development of four or more dwelling units. Each parcel with a multifamily development of four or more dwelling units (excluding accessory dwelling units) shall have a driveway with a minimum width of twenty feet and maximum width of twenty-six feet, or as determined by the fire marshal.

5. Nonresidential Projects. The minimum width of driveways providing access to nonresidential parking spaces and lots shall comply with the requirements for parking aisle widths in Table 3-9. The maximum driveway width shall be thirty feet, exclusive of the width of a median divider.

F. Woonerf (Multi-Use/Multi-Modal Zone). Any internal driveway within a multifamily development of ten units or more, or the residential portion(s) of a horizontal mixed-use project with ten or more residential units, shall be designed as a woonerf in keeping with the standards of this section. Woonerfs or woonerf elements may also be included as a part of other residential projects such as cottage courts, plex housing, and singlefamily developments and in commercial developments to the extent feasible.

SECTION 15: Amendment to the Cotati Municipal Code. Chapter 17.39 is amended as follows:

Chapter 17.39

OBJECTIVE DESIGN STANDARDS
Sections:

17.39.010 Purpose of chapter.

17.39.020 Applicability.

17.39.030 Multifamily residential objective design standards.

17.39.040 Multifamily Plex residential objective design standards.

17.39.050 Single family residential objective design standards

17.39.010 Purpose of chapter.

This chapter establishes objective residential design standards that are clear, specific, and intended to ensure high quality, creative building designs that enhance Cotati’s character and livability. These objective standards work to maintain the rural, small-town feel of the community, in harmony with a downtown area, major street corridors, and rail Transit-Oriented Community area that are suitable for intensified development. Consistent with existing state law, objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark. These objective standards can be applied in either ministerial or discretionary design review processes for residential development.

17.39.020 Applicability.

The provisions of this chapter apply to all residential projects and residential portions of mixed use projects.

17.39.030 Multifamily objective residential design standards.

These standards apply to all multifamily housing developments of ten or more dwelling units, with the exception of Cottage Housing projects consistent with Section 17.42.125 of this title. Residential developments that are subject to this chapter must be consistent with each of the standards below:

A. Neighborhood Compatibility. The purpose of the neighborhood compatibility design standards is to minimize impacts to established neighborhoods and their distinctive characteristics by requiring new 175 of 349
multifamily development projects to include features most relevant to the Cotati community. Design characteristics that differentiate one neighborhood from another add variety to a city. Such differentiation can be handled through the public realm (city-initiated enhancements) and further emphasized from building to building or development to development. Distinct neighborhoods create a sense of ownership and a visual diversity that makes cities and towns interesting and more livable.

1. Multifamily projects fronting on an existing or proposed public street shall orient the buildings to the street with individual entries, porches and/or stoops, windows, and landscaping facing the street. Streetfacing parking lots, parking spaces, carports, and garages are not allowed.

2. The project shall be designed so that at least seventy-five percent of the length of the facade of each building adjacent to a public street is occupied by habitable space with windows.

3. A third story (or higher) portion of any multifamily building shall be set back a minimum of thirty feet from any property line adjacent to properties in the NL or NM zoning districts that are developed with single-family residences.

B. Building Design. The intent of these building design standards is to enhance the quality and character of neighborhoods with new multifamily developments that include design features of traditional residential architectural styles.

1. Buildings shall include design features of traditional residential architectural styles, consisting of:
a. Visible roof styles shall incorporate low to moderately pitched roofs (gabled or hipped) with slopes ranging between 4:12 and 9:12. Other roof types such as flat, parapet, butterfly, and shed shall not be visible elements of the architecture, except a dormer, porch, or architectural projection may include a shed roof. A shed roof with a projecting dormer(s) is permissible. b. Rooflines shall extend past the wall of the building with a minimum eave width of eighteen inches and shall include exposed roof beams and/or rafters. c. The upper portion (quarter to half) of a window shall include divided lights or simulated divided lights. Tinted and reflective glass is prohibited. d. Windows shall be limited to double hung, single hung, casement, or fixed, and shall include a wood surround with a minimum width of four inches (nominal). e. Exterior entry doors shall include recessed panels and/or glazing and shall include a wood surround with a minimum width of four inches (nominal). Exterior wall materials shall include at least two of the following materials: solid wood or concrete based wood siding, plywood with vertical solid wood battens of at least two-inch width (nominal), solid wood or concrete based shingle siding, stucco, brick, and stone. Materials such as T1-11 siding, particle board, vinyl, foam, and EIFS are prohibited.
f. Building materials and details shall be consistent on all elevations. g. All ground-level residential units fronting onto a public street, plaza, park, or courtyard shall have their primary access from a porch or stoop, the floor of which is a maximum of thirty inches above grade The porch/stoop shall be a minimum of four feet clear depth and six feet clear width. The porch/stoop shall be open on the front and at least one side, with the exception of a partial enclosure of a maximum height of thirty-six inches (or the minimum height required by the Building Code) above the floor, that is either 1) a half wall or pony wall enclosed with the same materials as the building’s exterior, natural stone, or brick, or 2) a wooden balustrade featuring balusters, pickets, or spindles, open horizontal slats, or other decorative woodwork of an open design. Stoops may feature a finished metal railing and balustrade. Porches/stoops shall be covered with a roof that is supported by square/rectangular columns which may be straight and/or tapered. Cantilevered roofs are not permitted.
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h.The project shall be designed and constructed so that a minimum of ten percent of the units are one-story and meet Federal and State accessibility standards.

2. Affordable units and market rate units in the same development shall be constructed of the same exterior materials and details such that the units are not distinguishable. Affordable unit types by bedroom count shall be provided in the same proportion as the overall unit mix of the project and shall be distributed evenly throughout the project.

3. Blank walls shall not exceed twenty linear feet without being interrupted by a window or entry.

Walls without entries or windows shall include shrubs and trees or art.

4. Buildings over three stories must provide a ground-floor elevation that is distinctive from the upper stories by providing a material change or horizontal articulation with a minimum dimension of ten feet between the first floor and upper floors along at least seventy-five percent of the building facade with frontage upon a street, adjacent public park, or public open space.

5. Covered front porches of existing homes to remain shall not be enclosed.

7. Entry points into multifamily housing buildings shall be distinguished from the facade using articulation, projections, or other distinguishing characteristics which highlight the point of entry.

8. All roof-mounted and/or ground-mounted equipment with the exception of solar collector panels shall be screened from view using architectural and/or landscape features.

C. Massing/Articulation. The intent of massing/articulation standards is to require building designs that minimize the perceived scale of large buildings to enhance the pedestrian experience and incorporate variety in massing and details to add visual interest.

1. A minimum of two features such as balconies, cantilevers, dormers, bay windows, porches, stoops, and individualized entries, shall be incorporated into each project building facade.

2. The building facade facing a street, public park, or publicly accessible outdoor space shall incorporate a horizontal offset for every fifty feet of continuous building wall length with a minimum depth of eighteen inches.

3. Rooflines shall be vertically articulated at least every fifty feet along the street frontage, by varying rooflines, height and/or building form.

D. Usable Open Space/Landscape. The intent of the open space/landscape standards is to require new multifamily development to support a high quality of life with appropriate usable open space, indoor and outdoor community amenities, and new planting of trees, shrubs, and ground cover that add variety and interest. “Usable open space” means on-site area or areas, accessible to the residents of the development it serves and designed for safe and convenient active use for recreational, leisure, and social activities. Other open spaces such as areas within a street side setback (other than a permitted private porch and/or patio), creek setback, stormwater management facility, wetland/habitat preservation areas, and sloped areas over five percent are not considered “usable open space.”

1. Usable Open Space and Amenities. Each multifamily residential project shall provide permanently maintained usable open space and/or amenities. The total amount of usable open space and/or amenities included for the project shall at a minimum provide a total of one hundred fifty square feet of usable common and/or private open space per unit. Projects directly adjacent to a public park or directly across a local street from a public park need to only provide a total of forty-eight square feet of common and/or private usable open space per unit on the project site. Usable open space and/or amenities shall be 177 of 349
provided as follows:
a. Ground-level units shall include a private porch and/or private patio/garden. Each private porch or private patio/yard shall include a minimum clear dimension of six feet by eight feet. b. Projects not directly adjacent to a public park or directly across a local or collector street from a public park, shall include usable common open space which may be a courtyard or rooftop terrace. c. Projects shall include a minimum of three of the following additional usable open space amenities:
i. Private balconies above the ground floor for each unit ii. Playground.
iii. Swimming pool.
iv. Community center. (Interior portions of the building devoted to recreational and social uses count as usable open space up to a maximum of fifteen percent of the total usable open space requirement for the development. Other uses such as offices, utility rooms, or hallways are not counted as usable open space.)
v. Community garden.
vi. Play/sport court(s) – teen/adult (i.e., bocce ball, basketball). vii. Courtyard.
viii. Rooftop terrace.

2. Outdoor seating shall be provided at common usable open space areas.

3. Any playground area must be visible to multiple units to provide casual surveillance and be separated from traffic. Benches or picnic tables for adults that accompany younger children shall be provided.

4. Configuration of Usable Open Space. Required usable open space areas shall be designed and located as follows:
a. Courtyards shall be enclosed fully or partially on a minimum of two sides by buildings that include residential units and/or community buildings with entries and windows facing the courtyard; and shall have a minimum dimension of twenty feet. Courtyards shall at a minimum include hardscape, landscaping, and seating with a table or tables. b. Rooftop terraces shall include tables, chairs, and landscaping at a minimum. The rooftop terrace shall be designed and constructed to ensure that interior noise levels of adjacent uses are in compliance with Section 17.30.050.

5. Open space landscaping shall comply with the requirements of Chapter 17.34 (Water Efficient Landscaping Standards).

6. Maintenance and Control of Common Open Space. Required common open space shall be controlled and permanently maintained by a homeowners’ association (HOA) or similar entity within a common ownership interest development. Provisions for control and maintenance shall be included in property covenants of all common interest developments.

E. Outdoor Lighting. The intent of outdoor lighting standards is to require high quality lighting fixtures to provide safety and security for persons and property, and to minimize light pollution, sky glow and glare.

Outdoor lighting shall be installed and maintained along all vehicular access ways and pedestrian walkways, in compliance with Section 17.30.060 (Outdoor lighting). The lighting shall be shielded and directed downward onto the driveways and walkways within the development and away from adjacent properties to eliminate glare and minimize light trespass. Lighting of at least one foot-candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened with full cutoff luminaires to minimize sky glow and glare onto public sidewalks and adjacent residences. Lighting fixtures/lamps shall be energy efficient and 178 of 349
be a warm light with a broad color spectrum to minimize sky glow. An all-night light shall not exceed 3000K (Kelvin Color Temperature Scale) and lights with an on/off timer shall not exceed 4000K.

Proposed lighting shall be shown on the required landscape plan and supported by a photometric analysis.

F. Site Design. The intent of site design standards is to ensure the integration of new multifamily development into the surrounding neighborhood and to enhance the appearance, safety, convenience, and social interaction of the project through the provision of circulation connectivity. Further, these standards are intended to identify the appropriate location and appearance of parking and other features serving these developments.

1. Project shall provide or extend streets as shown in the adopted Cotati general plan or the adopted specific plan.

2. When dwelling units are abutting common open space areas, a minimum of one window from each dwelling abutting the common open space area shall overlook the common open space.

3. Accessory Structure Design. Accessory structures and uses (e.g., bicycle storage, garages, carports, laundry rooms, recreation facilities, etc.) shall be designed and constructed with an architectural style, exterior colors, and materials that match the structures in the project containing dwelling units.

4. Screen all parking areas, covered and uncovered, from public street frontages. Screening may be accomplished through building placement, landscaping, a planted earth berm, planted fencing, topography, or some combination of the above. Landscaping used for screening purposes shall be no less than fifteen feet wide (from the back of sidewalk or street curb to the parking lot paving, whichever is greater) and no less than three feet tall.

5. Structures listed on Table 9.1-1 (Buildings Potentially Eligible for the California Register) of the Cotati general plan background report shall be preserved/restored in their existing location and incorporated into the proposed development.

6. Street and driveway widths shall not exceed the minimum widths established by the city or fire district.

7. A pedestrian walkway system shall be provided to connect each unit to facilities within the project, to public streets, and to public pedestrian/bicycle paths abutting the project where legally permissible.

8. Street trees within a planter strip or tree well shall be provided except in cases where the public works standards call for a contiguous sidewalk or no sidewalk.

9. Front Setback Pavement. No more than forty percent of the front setback area shall be paved for walkways, driveways, and/or other hardcover pavement.

10. Parking Location. Off-street parking shall be located so that garage doors, carports, and open parking spaces are not visible from the street fronting the parcel.

G. Accessory Elements. The intent of accessory elements standards is to ensure that certain accessory uses are provided and appropriately screened.

2. The height of solid fencing between private yards and common open spaces shall be limited to forty-two inches in height.

3. Screen rooftop equipment (solar panels are exempt) from visibility. The point of view for determining visibility shall be five feet above grade at a distance of two hundred feet. 179 of 349

4. Screen all exterior trash, recycling, storage utility boxes, wood service poles, electric and gas meters, fire sprinkler valves and backflow preventers and transformers, or other ground-mounted infrastructure.

5. Refuse Containers.
a. Provide dumpsters for refuse collection within a roofed enclosure with walls a minimum of six feet tall. Allow adequate size to accommodate the needed landfill, compost, and recycling containers. All enclosures and gates should be designed to withstand heavy use. Provide wheel stops or curbs to prevent dumpsters from banging into walls of enclosure. b. Coordinate with the refuse pickup provider to determine the size and number of dumpsters required, and ensure that dumpsters shall accommodate all waste streams (landfill, recycling and compost, etc.).
c. Provide an opening so that pedestrians can access the dumpsters without opening the large gates.
d. Provide lighting at refuse enclosures for nighttime security and use. e. Locate dumpster enclosures so that no dwelling is closer than twenty feet (including those on abutting properties), or more than one hundred feet from a residential unit. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.

6. Storage. A minimum of one hundred cubic feet of lockable storage area shall be provided for each dwelling outside of the unit, with no dimension less than thirty inches. This section does not apply to vertical mixed use.

7. Laundry Facilities. Each unit shall be provided a plumbed individual laundry area within the unit or its garage, of a size large enough to accommodate a clothes washer and dryer. If located in the garage for an individual unit, the laundry area shall not encroach into the required parking area. Alternatively, project applicant may provide common laundry facilities.

H. Mixed-Use Developments. Projects consisting of both commercial and residential uses shall also be consistent with each of the following standards below:

2. Horizontal mixed-use projects shall include a pedestrian network connecting the residential components of the project with the nonresidential components through the provision of courtyards, plazas, and walkways.

3. All building design and site design requirements and criteria identified herein shall be incorporated into mixed-use projects.

I. Solar On Site. Projects shall include on-site solar photovoltaic panels/equipment to help achieve energy efficiency standards contained within California Code of Regulations Title 24.

J. Additional Objective Standards Within Land Use Code and Specific Plans. Projects subject to this chapter must comply with all other applicable objective standards within this land use code and adopted policies of specific plans.

17.39.040 Multifamily plex objective residential design standards.

These standards apply to all multifamily plex housing developments that contain two to nine dwelling units, with the exception of Cottage Housing projects consistent with Section 17.42.125 of this title, to which only 180 of 349
the standards of Section 17.39.040(B)(1-5) shall apply.

A. Neighborhood Compatibility. The purpose of the neighborhood compatibility design standards is to enhance established neighborhoods and their distinctive characteristics by requiring new multifamily plex development projects of two to nine dwelling units to include features most relevant to the Cotati community.

1. Dwelling units in multifamily plex developments may be contained in a single building or multiple buildings, with the number of units across all buildings in the development totaling no more than nine.

2. The dwelling units within the development that are adjacent to a public street(s) shall be oriented with individual entries, porches, stoops, windows, and landscaping facing the street. Walkways shall lead from the street to the individual entries of the street-facing units.

3. The project shall be designed so that at least fifty percent of the length of the facade of each building adjacent to a public street is occupied by living space with windows.

4. Street-facing parking lots, parking spaces, carports, and garages are not allowed. All parking shall be located behind the street-facing building(s) or at the rear of the lot, with the exception of two-unit (duplex) developments.

5. The maximum height for multifamily plex housing is three stories. A third story must be set back a minimum of thirty feet from any property line adjacent to properties located in lower-density zoning districts that are developed with single-family residences.

6. The maximum width of each multifamily plex building along its front facade is fifty feet B. Building Design. The intent of these building design standards is to enhance the quality and character of neighborhoods with new multifamily plex developments that include design features of traditional architectural residential styles that reflect the character of the Cotati community.

1. Buildings shall include design features of traditional homes consisting of:
a. Visible roof styles shall incorporate low to moderately pitched roofs (gabled or hipped) with slopes ranging between 4:12 and 9:12. Other roof types such as flat, parapet, butterfly, and shed shall not be visible elements of the architecture, except a dormer, porch, or architectural projection may include a shed roof. A shed roof with a projecting dormer(s) is permissible. b. Rooflines shall extend past the wall of the building with a minimum eave width of eighteen inches and shall include exposed roof beams and/or rafters. c. The upper portion (quarter to half) of a window shall include divided lights or simulated divided lights. Tinted and reflective glass is prohibited. d. Windows shall be limited to double hung, single hung, casement, or fixed, and shall include a wood surround with a minimum width of four inches (nominal). e. Exterior entry doors shall include recessed panels and/or glazing and shall include a wood surround with a minimum width of four inches (nominal). f. Exterior wall materials shall include at least two of the following materials: solid wood or concrete based wood siding, plywood with vertical solid wood battens of at least two-inch width (nominal), solid wood or concrete based shingle siding, stucco, brick, and stone. Materials such as T1-11 siding, particle board, vinyl, foam, and EIFS are prohibited.
g. Building materials and details shall be consistent on all elevations that are visible from a public street.
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h. All ground-level residential units fronting onto a public street, plaza, park, or courtyard shall have their primary access from a porch, or in the NU zoning district, a porch or stoop. Porches that serve one or two units shall be a minimum of six feet clear depth and eight feet clear width. Porches that serve three or more units shall be a minimum of six feet clear depth and twelve feet clear width.

Stoops shall be a minimum of four feet clear depth and six feet clear width. Porches/stoops shall be open on the front and at least one side, with the exception that porches shall have a partial enclosure of a maximum height of thirty-six inches (or the minimum height required by the Building Code) above the floor. This enclosure shall be either 1) a half wall/pony wall enclosed with the same materials as the building’s exterior, natural stone, or brick, or 2) a wooden balustrade featuring balusters, pickets, or spindles, open horizontal slats, or other decorative woodwork of an open design. Stoops may feature a finished metal railing and balustrade. Porches and stoops shall be covered with a roof that is supported by square/rectangular columns which may be straight and/or tapered. Cantilevered roofs are not permitted.

2. Blank walls shall not exceed twenty linear feet without being interrupted by an architectural element, material change, window, or entry.

3. Where one or more windows are proposed ten feet or less from a side lot line, or ten feet from another residential structure on the same site, the windows shall be oriented and/or screened by an architectural feature or landscaping to provide privacy for the residents of both structures.

4. Exposed stairs to the upper levels of structures are not permitted on the street-facing facades.

5. All roof-mounted and/or ground-mounted equipment with the exception of solar collector panels shall be screened from view using architectural and/or landscape features.

6. The maximum unit size in gross floor area, exclusive of garages or private open space, for multifamily plex housing development shall be as follows, for at least eighty percent of the development’s units or fraction thereof:
i. 0 bedroom/studio units: 600 sqft.
ii. 1 bedroom units: 900 sqft.
iii. 2 bedroom units: 1,200 sqft.
iv. 3 bedrooms units: 1,500 sqft.
v. 4+ bedroom units: 1,800 sqft.

C. Site Design. The intent of site design standards is to ensure the integration of new multifamily plex development into the surrounding neighborhood and enhance the appearance, safety, convenience, and social interaction of the project. Further, these standards are intended to identify the appropriate location and appearance of parking and other features serving these developments.

1. Each multifamily plex residential project shall provide permanently maintained usable open space. “Usable open space” means on-site area or areas, accessible to the residents of the development it serves and designed for safe and convenient active use for recreational, leisure, and social activities. Projects shall provide a minimum of fifty square feet of usable private open space per unit, which may include a porch, stoop, patio, deck, balcony, and/or yard, and a minimum aggregate total of one hundred square feet of usable common open space per unit.

2. Structures shall be separated by a minimum of five feet.

3. The entrances, porches/patios, and at least one window of dwelling units that are not required to be oriented toward a public street shall be oriented toward the common open space in the project.

4. Accessory structures and uses (e.g., bicycle storage, garages, carports, laundry rooms, recreation facilities, etc.) shall be designed and constructed with an architectural style, exterior colors, and materials that match the structures in the project containing dwelling units. 182 of 349

5. Off-street parking, covered and uncovered, for multifamily plex developments of three or more units shall be screened from view from adjacent public streets. Screening may be accomplished through building placement, landscaping, a planted earth berm, planted fencing, topography, or some combination of the above. Landscaping used for screening purposes shall be no less than ten feet wide (from the back of sidewalk or street curb to the parking lot paving, whichever is greater) and no less than three feet tall.

6. Structures listed on Table 9.1-1 (Buildings Potentially Eligible for the California Register) of the Cotati general plan background report shall be preserved/restored in their existing location and incorporated into the proposed development.

7. Driveway and parking aisle widths shall not exceed the minimum widths established by the city or fire district.

8. Landscaping shall comply with the requirements of Chapter 17.34 (Water Efficient Landscaping Standards).

9. Parking Location. Off-street parking shall be located so that garage doors, carports, and open parking spaces are not visible from the street fronting the parcel, with the exception of two-unit (duplex) developments which shall comply with Section 17.36.090 of this title.

10. Outdoor lighting shall be installed and maintained along all vehicular access ways and pedestrian walkways, in compliance with Section 17.30.060 (Outdoor lighting). The lighting shall be shielded and directed downward onto the driveways and walkways within the development and away from adjacent properties to eliminate glare and minimize light trespass. Lighting of at least one foot-candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened with full cutoff luminaires to minimize sky glow and glare onto public sidewalks and adjacent residences. Lighting fixtures/lamps shall be energy efficient and be a warm light with a broad color spectrum to minimize sky glow. An all-night light shall not exceed 3000K (Kelvin Color Temperature Scale) and lights with an on/off timer shall not exceed 4000K. Proposed lighting shall be shown on the required landscape plan and supported by a photometric analysis.

D. Accessory Elements. The intent of accessory elements standards is to ensure that certain accessory uses are provided and appropriately screened.

1. Perimeter fencing utilized along public streets shall be constructed of decorative iron, pre-painted welded steel, stone, wood, or a combination of such materials. Chain-link fencing is prohibited.

2. The height of solid fencing between private yards and common open spaces shall be limited to forty-two inches in height.

3. Screen rooftop equipment (solar panels are exempt) from visibility. The point of view for determining visibility shall be five feet above grade at a distance of two hundred feet.

All enclosures and gates should be designed to withstand heavy use. Provide wheel stops or curbs to prevent dumpsters from banging into walls of enclosure. e. Provide an opening so that pedestrians can access the dumpsters without opening the large gates.
f. Provide lighting at trash enclosures for nighttime security and use. g. Locate dumpster enclosures so that no dwelling is closer than twenty feet (including those on abutting properties), or more than one hundred feet from a residential unit. No minimum distance from dwellings is required if dumpsters are located within a fully enclosed room.

6. Laundry Facilities. Each unit shall be provided a plumbed individual laundry area within the unit or its garage, of a size large enough to accommodate a clothes washer and dryer. If located in a garage for an individual unit, the laundry area shall not encroach into the parking area. Alternatively, project applicant may provide common laundry facilities.

E. Mixed-Use Developments. Projects consisting of both commercial and residential uses shall also be consistent with each of the following standards below:

3. All building design and site design requirements and criteria identified herein shall be incorporated into mixed-use projects.

F. Solar On Site. Projects shall include on-site solar photovoltaic panels/equipment to help achieve energy efficiency standards contained within California Code of Regulations Title 24.

G. Additional Objective Standards Within Land Use Code and Specific Plans. Projects subject to this chapter must comply with all other applicable objective standards within this land use code and adopted policies of specific plans.

17.39.050 Single family objective residential design standards.

These standards apply to all single family homes, with the exception of Cottage Housing projects consistent with Section 17.42.125 of this title and dwelling units that are part of a multifamily housing development.

A. Building Design. The intent of these building design standards is to enhance the quality and character of neighborhoods with new single family homes that include design features of traditional residential architectural styles and reflect the character of Cotati’s existing housing.

1. Single family homes shall include design features of traditional residential architectural styles as follows:
a. The primary entrance to the dwelling shall be clearly visible from the street and accessed via a front porch that is located on the front façade. The porch shall be a minimum of six feet clear depth 184 of 349
and eight feet clear width. The porch shall be open on the front and at least one side, with the exception of a partial enclosure of a maximum height of thirty-six inches (or the minimum height required by the Building Code) above the floor. This enclosure shall be either 1) a half wall/pony wall enclosed with the same materials as the building’s exterior, natural stone, or brick, or 2) a wooden balustrade featuring balusters, pickets, or spindles, open horizontal slats, or other decorative woodwork of an open design. Porches shall be covered with a roof. b. Building materials and details shall be consistent on all elevations, with the exception of the rear elevation.
c. Exterior wall materials shall include at least two of the following materials: solid wood or concrete based wood siding, plywood with vertical solid wood battens of at least two-inch width (nominal), solid wood or concrete based shingle siding, stucco, brick, and stone. Exterior wall materials such as T1-11 siding, particle board, vinyl, foam, and EIFS are prohibited. d. The front façade of a garage shall not exceed a width of twenty-five feet. e. Blank walls shall not exceed twenty linear feet without being interrupted by a window or entry. f. Where one or more windows are proposed ten feet or less from a side lot line, or ten feet from another residential structure on the same site, the windows shall be oriented and/or screened by an architectural feature or landscaping to provide privacy for the residents of both structures.

2. The building design shall comply with at least five of the following standards:
a. Visible roof styles shall incorporate low to moderately pitched roofs (gabled or hipped) with slopes ranging between 4:12 and 9:12. Other roof types such as flat, parapet, butterfly, and shed shall not be visible elements of the architecture, except a dormer, porch, or architectural projection may include a shed roof. A shed roof with a projecting dormer(s) is permissible. b. Rooflines shall extend past the wall of the building with a minimum eave width of eighteen inches and shall include exposed roof beams and/or rafters. c. Triangular knee braces supporting eaves, beams extending beyond the edge of the roof eaves, and/or decorative exposed roof beams shall be incorporated. d. The upper portion (quarter to half) of a window shall include divided lights or simulated divided lights. Tinted and reflective glass is prohibited. e. Windows shall be limited to double hung, single hung, casement, or fixed, and shall include a wood surround with a minimum width of four inches (nominal). f. Exterior entry doors shall include recessed panels and/or glazing and shall include a wood surround with a minimum width of four inches (nominal). g. The ground floor of the home shall be raised twelve to thirty inches above natural grade. h. The roof of the front porch shall be supported by square/rectangular columns at least six inches in width (nominal) which may be straight and/or tapered.
i. The upper story(ies) of the house shall be set back at least thirty-six inches from the first story. j. Parking shall be provided behind dwelling such that no surface parking, garage, or carport is visible from street. Such parking may be accessed via an alley at the rear or side of the property, or via a driveway in compliance with Section 17.36.090(A)(4).

B. Site Design. The intent of site design standards is to ensure the integration of new single family homes into 185 of 349
the surrounding neighborhood.

1. No more than forty percent of the front setback area shall be paved for walkways, driveways, and/or other hardcover pavement.

2. Perimeter fencing utilized along public streets shall be constructed of decorative iron, pre-painted welded steel, stone, wood, or a combination of such materials. Chain-link fencing is prohibited.

3. All roof-mounted and/or ground-mounted equipment with the exception of solar collector panels shall be screened from view using architectural and/or landscape features. The point of view for determining visibility of root-mounted equipment shall be five feet above grade at a distance of two hundred feet.

5. Accessory structures and uses shall be designed and constructed with an architectural style, exterior colors, and materials that match the dwelling unit.

6. All landscaping shall comply with the requirements of Chapter 17.34 (Water Efficient Landscaping Standards).

7. Any outdoor lighting on the property shall be in compliance with Section 17.30.060 (Outdoor lighting).

C. Additional Objective Standards Within Land Use Code and Specific Plans. Projects subject to this chapter must comply with all other applicable objective standards within this land use code and adopted policies of specific plans.

SECTION 16: Amendment to the Cotati Municipal Code. Sections 17.42.100(A-C) and (D)(1) and (D)(2) are amended as follows:

17.42.100 Mixed use projects.

This section provides standards for the design of mixed-use projects, where allowed by Chapter 17.22 (Allowable Land Uses). A mixed-use project combines residential and nonresidential uses on the same site, either as vertical mixed-use, with the residential units located above the nonresidential uses, or horizontal mixed-use, where the commercial and residential uses are located within separate structures and/or residential uses are located at ground level behind street-fronting nonresidential uses. The residential portions of a mixed use project in the NL, NM, NU, CE, CG, and CD zoning districts are subject to Chapter 17.39 Objective Design Standards of this title. Mixed-use projects in the Specific Plan Districts are subject to the objective design standards identified therein.

A. Design Considerations. A mixed-use project with residential uses shall achieve the following objective design standards:

1. All building materials will be low reflective, include noise reducing materials in exterior doors and windows and walls, and between residential and nonresidential uses.

2. The windows and doors of residential units shall be installed so as to not open or view directly into other units and ensure appropriate privacy between residential units and other uses on the site is provided.

4. Site planning and building design shall be compatible with any adjacent and surrounding residential or mixed-use buildings in terms of building design, color, exterior materials and amenities, landscaping, street furniture, lighting, roof styles, scale, and signage.

B. Mix of Uses.

1. Allowable Mix of Uses. The following standards apply to the allowable mix of residential and nonresidential uses in a mixed-use project:
a. The nonresidential use component shall comprise a minimum of twenty-five percent of the total floor area of the development, or as defined in the applicable specific plan. b. In vertical mixed-use projects, at least sixty percent of the ground floor area of the development must be comprised of nonresidential uses; a maximum of forty percent of the ground floor area may be occupied by residential uses.
c. In horizontal mixed-use projects, nonresidential uses must comprise a minimum of fifty percent of the square footage of the public street frontage of the project site.

2. Allowable Nonresidential Uses. A mixed-use project may combine residential uses with any other use allowed in the applicable zoning district as identified by Article 2 (Community and Project Design) of this title, subject to the planning permit requirements for each use.

C. Density. The residential component of a mixed-use project shall comply with the density requirements of the general plan, applicable specific plan, Section 17.24.020 (Zoning district subdivision and density standards) of this title, and subsection B of this section.

D. Site Layout and Project Design Standards. Each proposed mixed-use project shall comply with the property development standards of the applicable zoning district, and the following requirements:

1. Location of Units. Residential units in mixed-use projects shall not occupy more than fifty percent of the ground floor space within the first seventy-five feet of area measured from each building face adjacent to Old Redwood Highway or Gravenstein Highway (Highway 116). Residential only projects shall locate shared community spaces on the ground floor and incorporate street facing designs consistent with commercial uses in the applicable specific plan and with Chapter 17.24 Zoning District Development Standards of this title.

2. Parking. In order to encourage the development of residential uses in existing and new commercial areas, the use of shared parking provisions shall be incorporated into mixed-use projects in compliance with Section 17.36.080 (Reduction of parking requirements). The review authority may grant automotive parking reductions of up to one hundred percent for commercial land uses (on a case-by-case basis), when significant multimodal transportation infrastructure and curb-demand management is incorporated into the project design and significant impacts resulting from such a reduction are not identified. The review authority may grant automotive parking reductions for residential land uses, with use permit approval.

SECTION 17: Amendment to the Cotati Municipal Code. Section 17.42.120 Multifamily and small-lot single family projects is deleted in its entirety.

SECTION 18: Amendment to the Cotati Municipal Code. Section 17.42.125(G)(2) is amended to add the following provision:

17.42.125 Cottage housing projects.

2. Building Design Standards.
a. Exterior design. Each residential structure shall comply with the objective design standards set forth in Section 17.39.040(B)(1-5) of this title.
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SECTION 19: Amendment to the Cotati Municipal Code. Sections 17.42.160 (A), (E)(3), and (F)(2)(a) are amended as follows:

17.42.160 Residential accessory uses and structures.

This section provides standards for residential accessory uses and structures, where allowed by Chapter17.22 (Allowable Land Uses). These requirements do not apply to residential accessory dwelling units and junior accessory dwelling units, which are instead regulated by Section 17.42.170 (Accessory dwelling units/junior accessory dwelling units).

A. Limitation on Number. Only one residential accessory structure shall be allowed on any parcel in addition to a detached garage, except in the RR and RVL zoning districts. Properties with multifamily dwellings may have multiple residential accessory structures, as long as lot coverage standards are met.

E. Detached Structures. An accessory structure that is detached from the primary structure shall comply with the following standards, except where subsection F of this section establishes a different requirement for a specific type of accessory structure:

3. Coverage and Size Limitations. Where permitted, the aggregate coverage of accessory structures in required side and rear setbacks shall not exceed five hundred square feet for properties developed with a single family home with or without ADUs or JADUs. The maximum site coverage for all structures on a parcel shall comply with the requirements of the applicable zoning district.

F. Standards for Specific Accessory Uses and Structures. The following requirements apply to the specific types of accessory structures listed, in addition to the requirements of subsection A of this section, as applicable.

2. Garages and Carports. A garage, carport, or other structure that shelters vehicles accessory to a single-family dwelling or multifamily plex development shall comply with the following requirements. Covered parking for a multifamily development of ten or more units shall comply with the zoning district standards in Section

17.24.030 of this title. Covered parking for multifamily developments shall also comply with the requirements of Section 17.39.030 or 17.39.040 of this chapter, as applicable. a. Limitation on Number. Except in the RR and RVL zoning districts, a single parcel shall have only one attached or detached garage or carport per dwelling unit.

SECTION 20: Amendment to the Cotati Municipal Code. Sections 17.62.040 (E)(1), (E)(2), and (F) are amended as follows:

17.62.040 Design review.

E. Design Review Procedure. When design review is required by this section, preliminary and final design review shall be obtained as follows, prior to the issuance of a building permit:

1. Preliminary Design Review.
a. When Required. Preliminary design review is required for each proposed project as provided by subsection B of this section, except for one single-family dwelling on an individual parcel not being constructed in conjunction with two or more dwellings by the same developer in the same subdivision. (An applicant that is otherwise not required to have preliminary design review may choose to request preliminary design review.)
b. Issues to Be Considered. Preliminary design review shall consider site planning and design, building architecture, landscaping, pedestrian and vehicle access and circulation, energy and resource conservation, solid waste, and other issues determined by the review authority to be related to site planning and building architecture. Residential development shall be subject to the standards 188 of 349
of Chapter 17.39 (Objective Design Standards) of this title. c. Form of Review. Preliminary design review shall be in the form of a recommendation on the project by the design review administration to the commission.

2. Final Design Review.
a. When Required. Final design review is required for each proposed project as provided by subsection B of this section. Final design review shall be initiated by the applicant only after the completion of commission or council review of any required planning permit. b. Issues to Be Considered. Final design review shall consider detailed landscaping and irrigation plans, outdoor lighting, exterior materials and colors, exterior site furniture, proposed signs, trash enclosures, and other topics of concern determined by the review authority to be related to those issues. Residential development shall be subject to the standards of Chapter 17.39 (Objective Design Standards) of this title.

F. Project Review Criteria. The review authority shall evaluate each proposed project to ensure that the project:

1. Complies with this section;

3. For nonresidential projects or non-residential portions of mixed use projects:
a. Provides architectural design, building massing and scale appropriate to and compatible with the site surroundings and the community;
b. Provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.; c. Provides efficient, safe, and visually attractive public access, circulation and parking; d. Provides appropriate open space and landscaping, including the use of water-efficient landscaping, and native plants where appropriate;
e. Addresses site planning design considerations related to city services, traffic flows and patterns, and environmental conditions in a manner that ensures maximum aesthetic cohesiveness; f. Is consistent with the general plan and applicable specific plans; and g. Complies with any applicable city design guidelines, design standards, and/or design review policies.

SECTION 21: Amendment to the Cotati Municipal Code. Section 17.90.020 is amended to amend the definitions of “multifamily housing” and “parking facility,” and to add the definitions of “driveway,” “multifamily plex housing,” “parking aisle,” “parking lot,” “parking space,” and “parking stall,” as follows:

17.90.020 Definitions of specialized terms and phrases
“Multifamily housing” means a structure containing two or more dwelling units, a development of multiple 189 of 349
structures that each contain two or more dwelling units, or a development of two or more structures each containing a single dwelling unit, located on a single property. Multifamily structures include: duplexes, triplexes, fourplexes (buildings with two, three or four dwelling units, respectively, in the same structure); apartments (five or more units in a single building); townhouse development (two or more attached dwellings where no unit is located over another unit); rowhouses; and other building types containing multiple dwelling units (for example, courtyard housing, stacked flats, etc.). Multifamily housing structures or developments may be under a single ownership with the dwelling units under rental tenancy, or the dwelling units may be individually owned and occupied, such as condominiums.
“Parking facility – Public or commercial” means parking lots or structures operated by the city, or a private entity providing parking for a fee. Does not include towing impound and vehicle storage facilities, which are instead defined under “Storage – Outdoor.”
“Driveway” means a motor vehicular way providing access between a public way and a building, parking area, lot, or structure, passenger loading zone, and/or other off-street area. A driveway may provide access to parking aisles in a parking lot or structure, but does not include parking spaces or stalls except in the case of a singlefamily home or two-unit multifamily plex (duplex) residential development. “Multifamily plex housing” means a multifamily structure(s) or development containing two to nine dwelling units.
“Parking aisle” means a motor vehicular way within a parking lot or structure that connects driveways, parking stalls, electric vehicle charging stations, and/or passenger loading zones, and provides maneuvering space for entering and exiting parking stalls.
“Parking lot” means a dedicated area for the parking of motor vehicles, accessed by one or more driveways and featuring parking spaces or stalls and parking aisles.
“Parking space” means an area dedicated for the parking of a motor vehicle. Where specified, a parking space may also refer to a bicycle parking space.
“Parking stall” means a delineated parking space within a parking lot or structure that complies with the minimum dimensions in Section 17.36.090(D) (Table 3-8) and outlined with striped lines as described in Section

17.36.090(H) and Figure 3-11.

SECTION 22: Repeal of 1990 Residential Design Criteria. The Residential Design Criteria adopted in 1990 and revised in 1997 are repealed and replaced with Chapter 17.39 Objective Design Standards of the Cotati Municipal Code.

SECTION 23: Construction and severability.

It is the intent of the City Council of the City of Cotati to supplement applicable state and federal law and not to duplicate or contradict such law, and this ordinance shall be construed consistently with that intent. 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.
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SECTION 24: Effective date.

This ordinance shall take effect thirty (30) days after its adoption pursuant to the California Government Code.

SECTION 25: Publication. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

IT IS HEREBY CERTIFIED that the foregoing ordinance was duly adopted at a regular meeting of the City Council of the City of Cotati held on July 9, 2024, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
______________________________
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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1 Attachment A
Redline Version of Draft Ordinance Amendments to Chapter 17, Land Use Code

17.22.020 Allowable land uses and planning permit requirements. (Excerpt) Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones _P_Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Residential Uses
Accessory dwelling unit – – P P P P P 17.42.170
Caretaker quarters UP UP – – – – –
Cottage housing – – – – S S S 17.42.125
Home occupation – – P P P P P 17.42.080
Junior accessory dwelling unit – – P P P – – 17.42.170
Low barrier navigation center – – – – – – –
Mobilehome park – – UP UP UP UP UP 17.42.110
Mobile/manufactured home – – P P P P P 17.42.110
Multifamily- Plex housing, 2 units – – – – PUP P UP(4)P 17.39.040

17.42.120
Multifamily-Plex housing, 3 to 9or 4
units
– – – – P– P P 17.39.040

17.42.120
Multifamily housing, 5 to 9 units – – – – – P P 17.42.120 Multifamily housing, (10 or more units) – – – – – P– P 17.39.030

17.42.120
Multifamily housing, up to 100 units
with 25% affordable
– – – – – – P 17.42.120
Organizational house (sorority,
monastery, etc.)
– – – – – – UP
Residential accessory use or structure – – P P P P P 17.42.160 192 of 349
2 _P_Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Residential care facility for the elderly
(RCFE)
– – UP UP UP UP UP
Residential care, 11 or more clients – – UP UP UP UP UP Residential care, 6 or fewer clients, in a
single-family dwelling
– – P P P P P
Residential care, 7 to 10 clients – – UP UP UP UP UP
Residential component of a mixed use
project
– – – – PUP PUP PUP 17.39.030,

17.39.040,

17.42.100
Rooming or boarding house – – – – – – UP
Single-family dwelling – – P P P UP(4) UP(4) 17.39.050
Supportive housing – – – – – P P
OSC Open Space –
Conservation
NL Neighborhood – Low
Density
OSR Open Space – Recreation NM Neighborhood – Medium
Density
RR Rural Residential NU Neighborhood – Urban
RVL Residential, Very Low
Density
Notes:
(1) See Article 9 of this title for land use definitions. (4) Use permit approval shall require that the review authority first find that the location of a proposed single-family dwelling or two-unit multifamily plex development (duplex) on a parcel that may be further subdivided will not preclude future subdivision and/or development in compliance with the general plan and this Chapter.
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3 Table 2-3
Allowed Land Uses and Permit Requirements for Mixed Use Corridors and Districts MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Land Use(1)
Permit Required by District

CE CG CD CI IG PF
Specific
Use
Regulations
Residential Uses
Accessory dwelling unit P P P – – – 17.42.170
Emergency/transitional shelter – – S – – S 17.42.072
Home occupation P P P – – – 17.42.080
Live/work unit UP UP P UP UP – 17.42.090
Low barrier navigation center P P – – – –
Residential care facility for the
elderly (RCFE)
UP MUP – – – UP
Residential care facility, 7 or more
clients
UP – – – – UP
Residential component of a mixed
use project
P P P – – – 17.39.030,

17.39.040,

17.42.100
Supportive housing P P – – – –
Table 2-4
Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use
Regulations
– Use not allowed
Land Use(1) Permit Required by District
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4 HC LP NG CA Specific Use
Regulations
Residential Uses
Residential Multifamily Project S S S S 17.28.050
Accessory dwelling unit P P P P 17.42.170
Emergency/transitional shelter S S S S 17.42.072
Home occupation P P P P 17.42.080
Live/work unit P P P P 17.42.090
Low barrier navigation center P P P P
Multifamily housing S S S S 17.28.050
Residential component of a mixed-use project P P P P 17.28.050,

17.42.100
Residential care facility for the elderly (RCFE) – UP UP UP Residential care facility, 7 or more clients – UP – –
Supportive housing P P P P
HC Historic Core NG Northern Gateway
LP La Plaza CA Commerce Avenue

17.24.020 Zoning district subdivision and density standards.

Each subdivision and residential development project shall comply with the minimum parcel size and density requirements shown in Table 2-4 for the applicable zoning district.

Table 2-4
Parcel Size and Density Standards
Zoning
District_Minimum
Parcel Size(1)
Residential Density
Area(2) Width(1) Minimum Density Maximum Density
OSC Determined through subdivision review 1 caretaker unit; no other residential allowed
OSR Determined through subdivision review No residential units allowed RR-1.5 1.5 acre 100 ft. N.A. 1 unit per 1.5 acres
RR-1.0 1 acre 100 ft. N.A. 1 unit per acre
RVL-0.66 0.66 acre 100 ft. N.A. 1 unit per 0.66
acres
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5 Zoning
District_Minimum
Parcel Size(1)
Residential Density
Area(2) Width(1) Minimum Density Maximum Density
RVL-0.5 0.5 acre 100 ft. N.A. 1 unit per 0.5 acres
NL 6,000 sq. ft.(4) 60 ft. 4 units per acre(3) 6 units per acre NM 4, 0005,000 sq. ft.(4) 50 ft. 8 units per acre(3) 10 units per acre NU 2,5003,500 sq. ft.(4) 405 ft. 12 units per acre(3) 15 units per acre CE 2,5006,000 sq. ft.(4) 4060 ft. 12 units per acre(3) 15 units per acre CG 2,50010,000 sq. ft.(4) 40100 ft. 12 units per acre(3) 15 units per acre CD 2,000 sq. ft.(4) 20 ft. 12 units per acre(3) 15 units per acre CI 10,000 sq. ft.(4) 100 ft. N.A. 15 units per acre
IG 10,000 sq. ft.(4) 100 ft. N.A. N.A.

PF Determined through subdivision review N.A. N.A.

SP Determined by applicable specific plan

17.24.030 Zoning district site planning and building standards. (Excerpt) A. Zoning District Standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and established in compliance with the requirements in the following tables, in addition to the applicable standards (e.g., landscaping, parking and loading, etc.) in Article 3 (Site Planning, Design, and Operational Standards) of this title.

Table 2-9
NL Zone Standards
Setbacks – Minimum setbacks required, as shown in Figure 2-9. See Section 17.30.020 for exceptions.

Front 20 ft.

Side – Interior (each) 5 ft. 7 ft. on one side, 5 ft. on the other; none required between rowhouse units
Side – Street side 10 ft.

Rear 20 ft.

Garage 10 ft. back from street-facing facade of main
structure, exclusive of porch.

Allowed frontage types Common yard, porch
Allowed encroachments See Section 17.30.020(F), Table 3-1 196 of 349
6 Site coverage – Maximum percentage of site area that may be covered by structures. and pavement.

Maximum coverage 40%
Height limit – Maximum allowable height of structures. See Section 17.30.040 for height measurement, and height limit exceptions. See Figure 2-10.

Main structure 28 ft.

Accessory structures See Section 17.42.160
Table 2-10
NM Zone Standards
Setbacks – Minimum setbacks required, as shown in Figure 2-11. See Section 17.30.020 for exceptions.

Front 15 20 ft.

Side – Interior (each) 5’ for multifamily plex and nonresidential structures; 5’ for 1-story building walls and 10’
for 2-story and higher building walls for
multifamily structures of 10 or more units; 5 ft.;
10 ft. for multifamily structures; none required
between for rowhouse units
Side – Street side 10 ft.

Rear 15 20 ft.

Garage 10 ft. back from street-facing facade of main
structure, exclusive of porch
Accessory structures See Section 17.42.160 (Residential accessory uses and structures).

Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Allowed frontage types Common yard, porch
Allowed encroachments See Section 17.30.020(F), Table 3-1.

Site coverage – Maximum percentage of site area that may be covered by structures and pavement.

Main structure 28 ft.

Maximum dwelling unit size, exclusive of garage and
private outdoor space
2,200 sqft. (gross floor area) applied to at least
80% of the dwelling units in a multifamily
residential or mixed use development
Accessory structures See Section 17.42.160.
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7 Table 2-11
NU Zone Standards
Build-to-lines – Required separation of primary structure from specified property line, as shown in Figure 2-13. See Section 17.30.020 for exceptions.

Front 15 ft.

Setbacks – Minimum setbacks required as shown in Figure 2-13. See Section 17.30.020 for exceptions.

Front See build-to-lines required above.

Side – Interior (each) 5 ft. for multifamily plex structures; 5 ft. for 1- story building walls and 10 ft. for 2-story and
higher building walls for multifamily structures
of 10 or more units and nonresidential
structures; 10 ft. for 1-story building walls and
15 ft. for 2-story building walls; none required
between for rowhouse units
Side – Street side 10 15 ft.

Rear 10 15 ft.

Garage 10 ft. back from street-facing facade of main
structure, exclusive of porch or stoop
Accessory structures See Section 17.42.160.

Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Allowed frontage types Common yard, porch, forecourt, stoop Allowed encroachments See Section 17.30.020(F), Table 3-1.

Site coverage – Maximum percentage of site area that may be covered by structures and pavement.

Maximum coverage 75%
Height limit – Maximum allowable height of structures. See Section 17.30.040 for height measurement, and height limit exceptions. See Figure 2-14.

Main structure 35 ft.

Table 2-12
CE Zone Standards
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8 Build-to-lines – Required separation of primary structure from specified property line, as shown in Figure 2-15. See Section 17.30.020 for exceptions.

Front, street side 10 ft.

Setbacks – Minimum setbacks required, as shown in Figure 2-15. See Section 17.30.020 for exceptions.

Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Maximum coverage 80%
Height limit – Maximum allowable height of structures. See Section 17.30.040 for height measurement, and height limit exceptions. See Figure 2-16.

All structures 35 ft.; 45 ft. with use permit; or 45 ft. in compliance with Section 17.30.040(D)
Additional standards for the zone – Standards for buildings, site planning, and/or on-site activities in addition to the above. See Section 17.24.050 (Downtown and corridor frontages and facades).

Residential projects – Where allowed, a ground-floor residential projects and mixed use projects shall comply with the standards of the NU zone.

Table 2-13
CG Zone Standards
Build-to-lines – Required separation of primary structure from specified property line, as shown in Figure 2-17. See Section 17.30.020 for exceptions.

Front, street side 0 ft.; except that the build-to-line along the Gravenstein frontage shall be 30 ft. from the
highway right-of-way.

Setbacks – Minimum setbacks required as shown in Figure 2-17. See Section 17.30.020 for exceptions.

Front See build-to-lines required above
Side – Interior (each) 10 ft. abutting a residential zone, none required otherwise.
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9 Side – Street side See build-to-lines required above
Rear 20 ft. abutting a residential zone; 10 ft. required otherwise.

Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Maximum coverage 80%
Height limit – Maximum allowable height of structures. See Section 17.30.040 for height measurement, and height limit exceptions. See Figure 2-18.

Residential projects – Where allowed, a ground-floor residential projects and mixed use projects shall comply with the standards of the NU zone.

Table 2-14
CD Zone Standards
Build-to-lines – Required separation of primary structure from specified property line, as shown in Figure 2-19. See Section 17.30.020 for exceptions.

Front, street side 0 ft.; 15 ft. on Arthur, Charles, Henry, and William Streets, and East Cotati Avenue, in compliance with
the La Plaza Specific Plan
Setbacks – Minimum setbacks required as shown in Figure 2-19. See Section 17.30.020 for exceptions.

Front See build-to-lines required above
Side – Interior (each) 5 ft. for multifamily plex structures and existing single family; 10 ft. for other uses abutting a residential
zone, none required otherwise
Side – Street side See build-to-lines required above
Rear 10 ft.

Building frontage – Building frontage types allowed, design requirements, and allowed encroachments into setbacks. Frontage types are defined in Section 17.24.040.

Maximum coverage 100%
Height limit – Maximum allowable height of structures. See Section 17.30.040 for height measurement, and height limit exceptions. See Figure 2-20.

Maximum height 35 ft.; 50 ft. with use permit; or 45 ft. in compliance with Section 17.30.040(D)
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10 Maximum dwelling unit size, exclusive of
garage and private outdoor space
2,000 sqft. (gross floor area) applied to at least 80% of the dwelling units in a multifamily residential or
mixed use development
Additional standards for the zone – Standards for buildings, site planning, and/or on-site activities in addition to the above. See Section 17.24.050 (Downtown and corridor frontages and facades).

17.28.050 Specific plan, downtown (SPD) zoning district.

C. Development Standards. Subdivision, site planning, building and development standards are determined by the downtown specific plan. In addition, the design of residential uses in the downtown specific plan shall be consistent with the objective residential design standards in Chapter 17.39.

17.30.020 Build-to-lines and setbacks. (Excerpt)
E. Limitations on the Use of Setbacks.

3. Vehicle Parking and Storage. No required parking space shall be located within a required setback, except as provided by Section 17.36.090(A) of this title. No front or side setback shall be used for parking a motor vehicle, recreational vehicle (RV), boat, trailer, farm equipment, or other vehicle, except as provided by Section 17.36.090(A) of this title, and except that an operable automobile or truck of one-ton capacity or less, in regular use, may be parked within a paved driveway that serves a single-family residence or two-unit multifamily plex development (duplex). A garage, carport, or any other structure for sheltering parking space within the RR, RVL, NL, NM, or NU zoning districts shall comply with the setback requirements of the applicable zoning district, and the requirements of Section 17.42.160(F)(2) of this title.

Table 3-1
Allowed Projections Into Setbacks
Front Setback Side Setback Rear Setback
Attached deck, landing, porch, stairway
– Uncovered, unenclosed, and less than
30 in. above grade
25% of setback to a
maximum of 5 ft.

May project to
property line
May project to
property line
Balcony, attached deck, landing, porch,
stoop, stairway – Which may be roofed
but is otherwise unenclosed
25% of setback to a
maximum of 5 ft.
20% of side
setback(1)
20% of setback(1)
Balcony, attached deck, landing, porch,
stairway – Covered and enclosed
Not allowed in
setback
Balcony, attached deck, landing, porch,
stairway – Uncovered and unenclosed,
30 in. or more above grade
5 ft. 36 in.(1) 5 ft.(1)
Bay window, or similar projecting
feature
36 in. 20% of setback(1) 36 in.
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11 17.36.050 Number of automobile parking spaces required. (Excerpt) Each land use shall be provided the number of off-street automobile parking spaces required by this section. See Section 17.36.070 for off-street parking requirements for bicycles and motorcycles.

A. Parking Requirements by Land Use.

1. Each land use shall provide the number of off-street parking spaces required by Table 3-7, except where a greater number of spaces is required through discretionary permit review, or where a reduction of parking is granted in compliance with Section 17.36.080 (Reduction of parking requirements). Minimum automobile parking requirements shall not be imposed or enforced on a residential, commercial, or other development project, if the project is located within one-half mile of public transit, unless specific findings are made within thirty days of submittal to the city of a complete application, consistent with Government Code Section 65853.2. Multifamily residential developments providing no more than 1.5 parking spaces per dwelling unit (averaged across the total number of dwelling units) shall submit a parking management plan as part of the planning permit application(s) required by this land use code, describing how the provided parking will be managed to serve the parking needs of the proposed development without impacts to the surrounding neighborhood.

Table 3-7
Parking Requirements by Land Use
Accessory dwelling unit or junior accessory
dwelling unit
See Section 17.42.170 (Accessory dwelling
units/junior accessory dwelling units).

Condominium dwelling units 2 covered spaces within a garage or carport for each unit.

Guest parking 1 space for each 4 units.

Live/work units 12 spaces for each unit for the residential use; and additional spaces as required by this section for the
nonresidential use.

Mobilehomes
Individual mobilehomes 2 spaces for each unit; at least 1 within a garage or carport.

Mobilehome parks 2 spaces for each mobilehome, plus 1 additional space for each 4 mobilehomes shall be provided
for guest parking, which shall be dispensed
throughout the park.

Multifamily housingdwellings and live/work units
Studio units and onebedroom units12 spaces for each unit; at least 1 within a garage or carport.

Two- and three-bedroom
units

1.52 spaces for each unit; at least 1 within a garage
or carport.

Four-bedroom units and 2 spaces for each unit, or less as required by the 202 of 349
12 above review authority. At least 1 space shall be within a garage or carport.

Guest parking 1 space for each 4 units.

Organizational house 1 space for each bedroom.

Residential care homes
Six or fewer clients 2 covered spaces within a garage or carport.

Seven or more clients 1 space for each 2 beds, plus 1 space for each 4 beds for guests and employees.

Residential development with density bonus See Section 17.32.050 (Parking requirements in density bonus projects).

Rooming or boarding houses 1 covered or uncovered space for each bedroom.

Senior housing projects 1 space for each two units, with half the spaces covered, plus 1 guest parking space for each 10
units. Reduced parking may be provided in
compliance with Section 17.36.080(C). (Reduced
parking for senior housing projects).

Single-family dwellings including mobilehome units
and manufactured housing
2 covered spaces within a garage or carport.

F. Nonconforming Parking. A structure with nonconforming off-street parking may be physically changed or undergo a change in use subject to the following provisions:

1. Residential Uses. No additional parking spaces shall be required; provided, the change does not increase the floor area, nor increase the number of dwelling units, nor eliminate the only portion of the site that can be used for the required or existing parking or access.

2. Nonresidential Uses. The number of existing parking spaces shall be maintained on the site and additional parking shall be provided in compliance with this chapter for any additional floor area. If the use of the structure is changed to one that requires more parking than the previous use, the difference between the parking spaces required for the previous use and the new use shall be provided.

17.36.060 Disabled parking requirements.

B. Number of Spaces Required. Parking spaces for the disabled shall be provided in compliance with the Uniform Building Code (UBC), the Federal Accessibility Guidelines, and/or California Code of Regulations Title 24, as applicable. Parking spaces required for the disabled shall count toward compliance with the number of off-street parking spaces required by Section 17.36.050 (Number of parking spaces required) of this chapter. 203 of 349
13 17.36.070 Bicycle and motorcycle parking.

A. Bicycle Parking. Each multifamily residential development project and nonresidential land use shall provide bicycle parking in compliance with this section.

1. Number of Bicycle Spaces Required.
a. Multifamily, residential uses shall provide bicycle parking spaces equal to a minimum of one bicycle space for every four dwelling units or fraction thereof,ten motor vehicle spaces, with a minimum of two bicycle spaces. For multifamily developments of fourteen or more dwelling units, a minimum of 75% of bicycle parking spaces or fraction thereof shall be long-term parking and the remaining spaces may be short-term parking. The number of long-term bicycle parking spaces may be reduced by the review authority if dwelling units are provided with a private garage or private ground-floor enclosed storage space that will accommodate a bicycle. b. Non-residential uses retail commercial, and office uses shall provide bicycle parking spaces equal to a minimum of one bicycle space for every ten automobile motor vehicle spaces or fraction thereof, with a minimum of two bicycle spaces. A minimum of 25% of bicycle parking spaces or fraction thereof shall be long-term parking and the remaining spaces may be short-term parking.

2. Bicycle Parking Space Location. Bicycle spaces shall be conveniently located near the primary entrance of each structure they are intended to serve.

23. Bicycle Parking Design and Devices. Each bicycle parking space shall include a stationary parking device to adequately secure the bicycle, shall be a minimum of two feet in width and six feet in length, installed and maintained in compliance with city standards. Overhead clearance shall be a minimum of seven feet.
a. Short term bicycle parking spaces are typically in the form of bicycle racks. Bicycle racks must meet the following criteria:
i. Supports the bicycle upright by its frame in two places; ii. Prevents the wheel of the bicycle from tipping over; iii. Enables the bicycle frame and at least one wheel to be secured to the rack with a U-lock; iv. Rack is constructed of materials that resist cutting by manual tools such as bolt cutters, hand saws, abrasive cutting cables and pipe cutters;
b. Long term bicycle parking protects the entire bicycle and its components from theft, vandalism, and inclement weather.
i. Bicycle lockers. A bicycle locker is a fully enclosed space for one bicycle, accessible only to the owner of the bicycle. A bicycle locker must be equipped with an internally mounted key-actuated or electronic locking mechanism, and not lockable with a user-provided lock.

Groups of internal-lock bicycle lockers may share a common electronic access mechanism provided that each locker is accessible only to its assigned user. Bicycle lockers shall be constructed of molded plastic/fiberglass, solid metal or perforated metal. 204 of 349
14 ii. Restricted-access bicycle enclosure. A restricted-access bicycle enclosure is a covered or indoor locked area containing within it one bicycle rack space for each bicycle to be accommodated and accessible only to the owners of the bicycles parked within it.

3. Bicycle Parking Space Location and Layout.
a. Short-term bicycle parking facilities that consist of permanently anchored bicycle racks shall be located in a convenient, highly visible, and well-lighted area within fifty feet of the primary entrance of each structure they are intended to serve, and within view of pedestrian traffic. b. Long-term bicycle parking facilities for tenant and occupant use shall be conveniently accessible by pedestrians from the street and shall be at least as convenient and close to building entrances as the nearest non-disabled automobile parking space. c. All bicycle parking spaces provided shall be on a hard and stable surface. d. All bicycle parking facilities shall be securely anchored to the surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft. e. All bicycle parking facilities within vehicle parking areas shall be separated by a curb or other physical barrier to protect bicycles from damage by automobiles and other moving vehicles. f. Short-term bicycle parking facilities are subject to and shall meet all the following requirements:
i. The facilities shall be located at least three feet away from any wall, fence, or other structure.
ii. When multiple short-term bicycle parking facilities are installed together in sequence, they shall be installed at least three feet apart and located in a configuration that provides space for parked bicycles to be aligned parallel to each other. iii. The facilities shall be installed in a clear space at least two feet in width by six feet in length to allow sufficient space between parked bicycles, with minimum overhead clearance of seven feet.
iv. Permanently anchored bicycle racks shall be installed to allow the frame and one or both wheels of the bicycle to be securely locked to the rack.

B. Motorcycle Parking. Each parking lot with twenty five fifty or more automobile motor vehicle parking spaces shall provide motorcycle parking spaces conveniently located near the primary entrance of a structure, accessed by the same aisles that provide access to the motor vehicle parking spaces in the parking lot.

1. Number of Spaces Required. A minimum of one motorcycle parking space shall be provided for each twenty five fifty automobile motor vehicle spaces or fraction thereof.

2. Space Dimensions. A motorcycle parking space shall have minimum dimensions of four feet by seven feet. (Ord. 766 § 2 Exh. A (part), 2004).

17.36.080 Reduction of parking requirements.

A. Shared On-Site Parking. Where two or more adjacent nonresidential uses have distinct and differing peak parking usage periods, (e.g., a theater and a bank), a reduction in the required number of parking spaces may be allowed by the review authority through use permit approval. Approval shall also require a parking management plan and recorded covenant running with the land, recorded by the owner of the 205 of 349
15 parking facility, guaranteeing that the required parking will be maintained exclusively for the use or activity served for the duration of the use or activity, in compliance with Section 17.36.120 (Designation of off-site parking and loading spaces) of this chapter.

B. Reduction of Parking. The review authority may reduce the number of parking spaces required by Section 17.36.050 (Number of parking spaces required) of this chapter by up to fifteen percent through use permit approval, based on quantitative information provided by the applicant that documents the need for fewer spaces (e.g., sales receipts, documentation of customer frequency, information on parking standards required for the proposed land use by other cities, etc.).

D. Waiver of Covered Parking Requirement for Affordable Housing Units. The review authority may waive the requirement that parking be covered for affordable housing units in compliance with Section

17.32.040(B) of this title.

E. Reduced Shared On-Site Parking for Mixed Use Projects. Horizontal mixed use provides the parking for each use required by Table 3-7, with the residential component providing the parking required by Table 3-7 for multifamily dwellings, minus the guest spaces required by Table 3-7. A vertical mixed use project shall require the same number of spaces as a horizontal mixed use project, reduced by thirty percent. The use of shared parking provisions shall be incorporated into mixed use projects in compliance with Section 17.42.100 (Mixed use projects).

F. Street or Public Parking Lot Parking for Residential Uses. A portion of the required parking for a residential use may be located on a public street or in a public parking lot with use permit approval.

17.36.090 Parking design and development standards. (Excerpt) Required Automobile parking areas shall be designed and constructed in compliance with the following standards:

A. Location of Parking. Off-street parking areas shall be located as follows:

1. Residential Parking. Parking for a residential use shall be located on the same propertyparcel as each residential unit served; except for mixed use projects developed in compliance with Section

17.42.100 and projects developed with shared parking and/or street or public parking lot parking in compliance with Section 17.36.080 of this title. Garage parking shall be located in compliance with the garage setback requirements of the applicable zoning district in Article 2 (Community and Project Design), and Section 17.42.160(F)(2) of this title. The location of parking shall also comply with the requirements of subsections (A)(3) of this section.

3. Parking Adjacent to Streets. No parking space or drive aisle shall be located between a building, and a public or private street, except for:
a. Parking for a building on a corner lot, where the building is located at the front property line with the parking behind, and the parking is separated from the street side property line by a twenty-foot landscape buffer and street wall approved by the review authority (see Figure 3-9); and
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16 4. Parking Within Required Setbacks. No parking space or parking aisle providing access to individual parking spaces shall occupy a required front or street side setback, with the exception that driveways that access parking spaces or garages for a single-family residence or a two-unit multifamily plex development (duplex) may also be used for parking. No driveway shall be located between a residential structure and the street in the or a street side setback of a corner lot,, with the exception of a driveway accessing parking spaces or a garage to the rear of the residential structure directly from the side street. No residential parking space for a single-family dwelling shall occupy a required internal side or rear setback, except within an enclosed garage that complies with the garage setback requirements of Section 17.42.160(F)(2) of this title. See also Section 17.30.020(E)(3) of this title. Uncovered parking spaces or aisles for multifamily residential projects may occupy the rear or interior side setback, provided that a minimum thirty inch-wide landscape area is maintained between the parking or aisles and the property line, and curbing or wheel stops are provided in compliance with Section 17.36.090(J) of this title.

D. Parking Stall and Parking Aisle Dimensions. Each parking stall and parking lot aisle shall comply with the minimum dimension requirements in Tables 3-8 and 3-9, and as illustrated in Figure 3-11. Residential garages shall comply with the “Minimum Parking Stall Dimensions” in Table 3-8.

Table 3-9
Parking Aisle Width
Type of Drive or Parking Aisle Minimum Aisle Width
Where the number of parking spaces to be served is less than four, or where vehicle movement is one-way.
12 feet
Where parking spaces for four or more cars are accessed by a two-way aisle.

Where the spaces are at an angle of 45 degrees to the aisle. 15 feet Where the spaces are at an angle of greater than 45 degrees, but less than 60 degrees to the aisle.
18 feet
Where the spaces are at an angle of greater than 60 degrees, but less than 90 degrees to the aisle.
20 feet
Where the spaces are at an angle of 90 degrees or greater to the aisle.
24 feet
F. Lighting. The lighting of parking spaces, parkingand driveway aisles, parking lots, and driveways shall comply with Section 17.30.060 (Outdoor lighting) of this title. 207 of 349
17 H. Parking Stall Striping and Identification. Parking stalls spaces shall be clearly outlined with four-inch wide lines painted on the parking surface. Car pool stalls shall be clearly identified for car pool use only. The striping and identification shall be continuously maintained in a clear and visible manner. Changes to any parking stall space or lot shall require the prior approval of a re-striping plan by the director.

17.36.100 Driveways and Site Access (Excerpt)
B. Location of Driveways.

21. Distance from Street Corner. No driveway shall be located less than one hundred fifty feet from the nearest street intersection, as measured from the centerline of the driveway to the centerline of the nearest travel lane of the intersecting street. A lesser distance may be approved by the city engineer for parcels with street frontages of less than one hundred fifty feet.

32. Driveway Spacing. Driveways shall be separated along the street frontage as follows:
a. Single-Family and Plex Multifamily Residential Development. Driveways shall be separated by at least six feet, unless a shared, single driveway is approved by the review authority, or a greater separation is required by the City Engineer. The six-foot separation does not include the transition or wing sections on each side of the driveway; and b. Multifamily and Nonresidential Development. Where two or more driveways serve the same or adjacent multifamily or nonresidential development, the centerline of the driveways shall be separated by a minimum of fifty feet. Exceptions to this standard shall be subject to the approval of the city engineer.

C. Driveway Width and Length.

1. Single-fFamily dDwellings. Each parcel with a single-family dwelling (excluding accessory dwelling units) shall have a driveway with a minimum length of thirty feet measured from the back of the sidewalk, or the edge of the right-of-way where there is no sidewalk. The minimum width of shall be tenwelve feet and the maximum width of shall be twenty feet, or as determined by the fire marshal..

5.2. Multifamily and Nonresidential Projects. The minimum width of driveways providing access to multifamily and nonresidential parking spaces and lots shall comply with the requirements for parking lot aisle widths in Table 3-9. The maximum driveway width shall be thirty feet, exclusive of the width of a median divider.
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18 F. Woonerf (Multi-Use/Multi-Modal Zone). Any internal driveway within a multifamily development of ten units or more, or the residential portion(s) of a horizontal mixed-use project with ten or more residential units, shall be designed as a woonerf in keeping with the standards of this section. Woonerfs or woonerf elements may also be included as a part of other residential projects such as cottage courts, plex housing, and and single-family developments and in commercial developments to the extent feasible.

Chapter 17.39

OBJECTIVE DESIGN STANDARDS

FOR STREAMLINED AND MINISTERIAL RESIDENTIAL DEVELOPMENTS Sections:

17.39.010 Purpose of chapter.

17.39.020 Applicability.

17.39.030 Multifamily oObjective residential design standards.

17.39.040 Multifamily-Plex residential objective design standards.

17.39.050 Single family residential objective design standards

17.39.010 Purpose of chapter.

This chapter establishes objective residential design standards that are clear, specific, and generally derived from design and development guidelines and policies contained in the land use code, the general plan, the downtown specific plan, the Santero Way specific plan and the 1990 residential design criteria.

Typically, new residential development is required to go through the city’s discretionary design review process, which includes review for compliance with the city’s design and development standards. Many of the city’s design and development standards demonstrate preferences while allowing discretion and flexibility and, as such, cannot be enforced through a streamlined ministerial process such as that described in Senate Bill 35. The objective design standards for streamlined and ministerial residential developments aim to incorporate Cotati’s existing design and development standards to the greatest extent possible, while complying with the intent of state legislation to facilitate and expedite the construction of housing.

These objective design standards strive intended to ensure high quality, creative building designs that enhance Cotati’s character and livability. These objective standards work to maintain the rural, smalltown feel of the community, in harmony with balanced against a downtown area, major street corridors, and rail Transit-Oriented Community area that are suitable for reflects a focus on intensified development. These objective design standards aim to strike a balance between a discretionary design review process and a ministerial process to achieve creative designs that enhance character and livability, but without the use of separate standards for specific areas of the community. (Ord. 905 § 5, 2021).

Consistent with existing state law, objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark. These objective standards can be applied in either ministerial or discretionary design review processes for residential development.
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19 17.39.020 Applicability.

The provisions of this chapter apply to all residential projects and residential portions of mixed use projects. which demonstrate eligibility pursuant to California Senate Bill 35 (or similar state or city legislation as may be amended), and therefore qualify for streamlined and ministerial processing. The streamlined approval process is an opt-in program for developers who must request streamlined ministerial approval (such as the process outlined in SB 35) at the time a permit application is submitted to the city. (Ord. 905 § 5, 2021).

17.39.030 Multifamily oObjective residential design standards.

These standards apply to all multifamily housing developments of 10 or more dwelling units, with the exception of Cottage Housing projects consistent with Section 17.42.125 of this title. Consistent with existing state law, objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark and are applied through a ministerial review process.

Residential developments that are subject to this chapter must be consistent with each of the standards below:

A. Neighborhood Compatibility. The purpose of the neighborhood compatibility design standards is to minimize impacts to established neighborhoods and their distinctive characteristics by requiring new multifamily development projects to include features most relevant to the Cotati community. Design characteristics that differentiate one neighborhood from another add variety to a city. Such differentiation It can be handled through the public realm (city-initiated enhancements) and further emphasized from building to building or development to development. These Distinct differentiated neighborhoods create a sense of ownership and when done well create a visual diversity that make cities and towns interesting and more livable.

Street-facing parking lots, parking spaces, carports, and garages are not allowed.

2. The project shall be designed so that at least seventy-five percent of the length of the facade of each building adjacent to a public street is occupied by habitable space with windows.

32. A third story (or higher more) portion of anythe multifamily building shall be set back a minimum of thirty feet from any property line adjacent to properties in the NL or NM zoning districts that are developed with single-family residences.

1. Buildings shall include traditional design features of traditional residential architectural craftsman styles, homes consisting of:
a. Visible roof styles shall incorporate low to moderately pitched roofs (gabled or hipped) with slopes ranging between 4:12 and 9:12. Other roof types such as flat, parapet, butterfly, and shed shall not be visible elements of the architecture, except a dormer, porch, or architectural projection may include a shed roof. A shed roof with a projecting dormer(s) is permissible. b. Rooflines shall extend past the wall of the building with a minimum eave width of eighteen inches and shall include exposed roof beams and/or rafters. 210 of 349
20 c. The upper portion (quarter to half) of a window shall include divided lights or simulated divided lights. Tinted and reflective glass is prohibited. d. Windows shall be limited to double hung, single hung, casement, or fixed, and shall include a wood surround with a minimum width of four inches (nominal). e. Exterior entry doors shall include recessed panels and/or glazing and shall include a wood surround with a minimum width of four inches (nominal). f. Exterior wall materials shall include at least two of the following materials: solid wood or concrete based wood siding, plywood with vertical solid wood battens of at least two-inch width (nominal), solid wood or concrete based shingle siding, stucco, brick, and stone. Materials such as T1-11 siding, particle board, vinyl, foam, and EIFS are prohibited. g. Building materials and details shall be consistent on all elevations. h. All ground-level residential units fronting onto a public street, plaza, park, or courtyard shall have their primary access from a porch or stoop, the floor of which is a maximum of thirty inches above grade. The porch/stoop shall be a minimum of four six feet clear depth and six feet a clear width. of eight feet minimum. The porch/stoop shall be open on the front and at least one side, with the exception of a partial enclosure of a maximum height of thirty-six inches (or the minimum required by Building Code) above the floor, that is either 1) a half wall or pony wall enclosed with the same materials as the building’s exterior, natural stone, or brick, or 2) a wooden balustrade featuring balusters, pickets, or spindles, open horizontal slats, or other decorative woodwork of an open design. Stoops may feature a finished metal railing and balustrade. Porches/stoops shall be covered with a roof that is supported by square/rectangular columns which may be straight and/or tapered. Cantilevered roofs are not permitted. i. The project shall be designed and constructed so that a minimum of ten percent of the units are one-story and meet Federal and State accessibility standards. , served by an elevator if located above the ground floor, and include features to provide for accessibility, including wide doors, grab bars, low counters, and other features consistent with the Cotati Building Code.

3. Blank walls shall not exceed twenty linear feet without being interrupted by a window or entry.

Walls without entries or windows shall include shrubs and trees or art.

5. Covered front porches of existing homes to remain shall not be enclosed.

6. Window Orientation. Where one or more windows are proposed ten feet or less from a side lot line, or ten feet from another residential structure on the same site, the windows shall be oriented and/or screened by an architectural feature to provide privacy for the residents of both structures. 211 of 349
21 7. Entry points into multifamily housing buildings shall be distinguished from the facade using articulation, projections, or other distinguishing characteristics which highlight the point of entry.

8. All roof-mounted and/or ground-mounted equipment with the exception of solar collector panels shall be screened from view using architectural and/or landscape features.

1. A minimum of two features such as balconies, cantilevers, dormers, bay windows, porches, stoops, and individualized entries, shall be incorporated into each project building facade.

3. Rooflines shall be vertically articulated at least every fifty feet along the street frontage, by varying rooflines, height and/or building form.

D. Usable Open Space/Landscape. The intent of the open space/landscape standards is to require new multifamily development to support a high quality of life with appropriate usable open space, indoor and outdoor community amenities, retention of heritage trees, and new planting of trees, shrubs, and ground cover that add variety and interest. “Usable open space” means on-site area or areas, accessible to the residents of the development it serves and designed for safe and convenient active use for recreational, leisure, and social activities. Other open spaces such as areas within a street side setback (other than a permitted private porch and/or patio), creek setback, stormwater management facility, wetland/habitat preservation areas, and sloped areas over five percent are not considered “usable open space.”

1. Usable Open Space and Amenities. Each multifamily residential project shall provide permanently maintained usable open space and/or amenities. The total amount of usable open space and/or amenities included for the project shall at a minimum provide a total of one hundred fifty square feet of usable common and/or private open space per unit. Projects directly adjacent to a public park or directly across a local street from a public park need to only provide a total of forty-eight square feet of common and/or private usable open space per unit on the project site. Usable open space and/or amenities shall be provided as follows:
a. Ground-level units shall include a private porch and/or private patio/garden. Each private porch or private patio/yard shall include a minimum clear dimension of six feet by eight feet. b. Projects of more than ten units, and not directly adjacent to a public park or directly across a local or collector the street from a public park, shall include usable common open space which may be a courtyard or rooftop terrace.
c. Projects of more than ten units shall include a minimum of three of the following additional usable open space amenities:
i. Private balconies above the ground floor for each unit. ii. Playground.
iii. Swimming pool.
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22 iv. Community center. (Interior portions of the building devoted to recreational and social uses count as usable open space up to a maximum of fifteen percent of the total usable open space requirement for the development. Other uses such as offices, utility rooms, or hallways are not counted as usable open space.)
v. Community garden.
vi. Play/sport court(s) – teen/adult (i.e., bocce ball, basketball). vii. Courtyard.
viii. Rooftop terrace.

2. Outdoor seating shall be provided at common usable open space areas.

3. Any playground area must be visible to multiple units to provide casual surveillance and be separated from traffic. Benches or picnic tables for adults that are accompanying younger children shall be provided.

5. Open space landscaping shall comply with the requirements of Chapter 17.34 (Water Efficient Landscaping Standards).

7. Project does not include the removal of a native oak tree or development within the root zone of a native oak (black, valley, or live oak with a minimum circumference of twelve inches measured fiftyfour inches above the natural grade).

Outdoor lighting shall be installed and maintained along all vehicular access ways and pedestrian walkways, in compliance with Section 17.30.060 (Outdoor lighting). The lighting shall be shielded and directed downward onto the driveways and walkways within the development and away from adjacent properties to eliminate glare and minimize light trespass. Lighting of at least one foot-candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened with full cutoff luminaires to minimize sky glow and glare onto public sidewalks and adjacent residences. Lighting fixtures/lamps shall be energy efficient and be a warm light with a broad color spectrum to minimize sky 213 of 349
23 glow. An all-night light shall not exceed 3000K (Kelvin Color Temperature Scale) and lights with an on/off timer shall not exceed 4000K.